By Farid Bouguettaya and Karine Disdier-Mikus (Paris)

Have you ever compared products or services when contemplating a purchase? Companies, whenever they can, also strive to mark themselves out from their competitors to gain a competitive advantage and new clients.  In an internal market where competition is highly encouraged by the European Union, comparative advertising has been strongly promoted and praised.
Continue Reading THE DIFFICULT BALANCE BETWEEN COMPARATIVE ADVERTISING AND TRADEMARK PROTECTION

By Ulrike Gruebler (Hamburg) and Gaspard Debiesse (Paris)

To stay ahead of the competition, players of the fashion industry have a permanent need to renew their communication strategies, including the use of new technologies and media.  “Sensory marketing”, the art of playing on the various senses of the customers (sound, smell, taste, touch, in addition, or in lieu of, vision), has lately become an important trend.  Retailers like Abercrombie & Fitch use their customers’ senses as a communication tool:  the same fragrance is diffused in every stores worldwide, so customers instantly associate this scent to the products sold inside the stores.
Continue Reading DELETION OF THE “GRAPHIC REPRESENTATION” REQUIREMENT FOR TRADEMARKS: OPENING PANDORA’S BOX?

By Ruth Hoy and Emily Leach (London)

Designing under your own name is a natural, even intuitive choice for many designers and is an established practice in the fashion industry.  To protect their brand, designers often register their own name as a trade mark.  Associating your own name with your designs has many advantages, but it is also important to understand that your trade mark, incorporating your name, is also a commercial asset.  Losing the rights to that asset (through corporate restructuring, insolvency, or assignment) can be costly to a designer.
Continue Reading WHOSE NAME IS IT ANYWAY?

We will soon be releasing the DLA Piper Asia Pacific Trademark Guide, a comprehensive review of trademark laws and key tips covering these 18 countries: Australia, Cambodia, China, Hong Kong, India, Indonesia, Japan, Korea, Laos,
Continue Reading Pre-order your copy of the inaugural edition of DLA Piper’s Asia-Pacific Trademark Guide

By Patrick Van Eecke and Julie De Bruyn (Brussels)

The concept of 3D printing no longer needs an introduction. The sky is the limit when it comes to the possibilities 3D printing (often referred to as additive manufacturing) has to offer, both to consumers and businesses. The added value for and influence in the fashion and retail sector is undeniable, and many organizations consider welcoming 3D printing into their business model – whether acting as a 3D print shop, software provider, 3D printer or ink manufacturer, template developer, intermediary offering 3D printed products, product user or rights holder. As with any technological development however, there are legal considerations.


Continue Reading 3D PRINTING 101 – ATYPICAL LEGAL CHALLENGES

November 13, 2014 DLA Piper LLP is proud to announce that the International Trademark Association (INTA) honored Mark Feldman with the Volunteer Service Award (VSA) in the Advancement of Committee Objectives category. INTA is a global member-based organization dedicated to supporting trademarks and related intellectual property in order to protect consumers and to promote fair and effective commerce.


Continue Reading Mark Feldman of DLA Piper LLP Wins Trademark Industry Award