Articles
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Can a Colour Be Trademarked in Fashion? The Law Behind the Industry’s Most Recognisable Shades
Colour in fashion is emotional, cultural, cyclical, referential, and constantly redistributed through trend logic, runway diffusion, imitation, and seasonal palettes. Trademark law, by contrast, does not protect emotion, culture, or cycles. It protects source, and only when the public reads a sign, without hesitation, as pointing to a single brand origin. A colour can be
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La Rosée vs Caudalie: Common Category Aesthetics Are Not Parasitism
Sunscreen stick design, common colour tones (yellow-orange), and sunny, beach-themed campaign visuals are category choices, not proprietary assets, belonging to the market rather than to any single brand. Parasitism claims in France cannot rest on resemblance alone, and must be anchored to a specific commercial asset that is real, economically valuable, and clearly recognised in
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Sol de Janeiro vs MCoBeauty and the Limits of “Smells Exactly” Like
The Sol de Janeiro v. MCoBeauty complaint filed in the Southern District of New York is not, despite the way it has been framed online, a moral argument against dupes as a product type, nor a bid to control scent families, consumer price sensitivity or the language of summer nostalgia. It is, instead, a carefully
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POLO vs Wellington Polo Club: What Every Brand Owner Should Know
POLO, Ralph Lauren’s long established single-word trademark used prominently across the European Union, defined the outcome of the proceedings against the application “Wellington Polo Club”. The case demonstrated how such a mark can neutralise a later registration that incorporates it in full. The Opposition Division upheld the opposition in its entirety, rejecting the application for
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Timberland’s Yellow Boot Secures Trademark Protection in Brazil
Timberland’s Yellow Boot has been recognised as a protectable trademark in Brazil following a ruling by the 13th Federal Court of Rio de Janeiro. The decision overturned the earlier refusal by the Brazilian Patent and Trademark Office (BPTO) and confirmed that the boot’s design features meet the legal requirements for trademark protection. The case illustrates
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Hermès Birkin Shape and Marks Declared Well-Known Trade Marks in India
On 24 November 2025, the Delhi High Court recognised the Birkin bag’s three dimensional shape, the Hermès word mark and the stylised marks as well-known trade marks in India. With this, the Birkin silhouette now sits among the most strongly protected trade marks in the country. The Parties Hermès International and its Indian subsidiary initiated
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Total90 LLC Sues Nike for Use of TOTAL 90 Mark
Nike previously used the name TOTAL 90 for a football boot line, but its trademark registration was cancelled in April 2019. After cancellation, the name was no longer in commercial use. Under U.S. trademark law, once a mark is no longer used, it loses protection. During that period, Total90 LLC adopted the name TOTAL90 in
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Hermès vs HERMÉS CLUB: EUIPO Rejects HERMÉS CLUB Application
The refusal of the trade mark HERMÉS CLUB offers a useful moment to examine a recurring pattern emerging at the intersection of branding and trade mark law. The filing was submitted by Europe Design Center SAS, a company that has recently pursued the registration of marks structurally anchored to established luxury houses yet lacking independent
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Birkenstock’s Arizona, Madrid, and Florida Sandals Protected Under Dutch Law
The District Court of Midden-Nederland has issued a first instance ruling in favour of BIRKENSTOCK, granting copyright protection for the brand’s iconic Arizona, Madrid, and Florida sandals. While the decision may still be appealed, it represents a notable divergence from the stance of the German Federal Court of Justice (BGH) and highlights the nuanced, jurisdiction
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Crocs at the EUIPO: How Near Is Too Near in the Language of Design Law?
The European Union Intellectual Property Office has once again clarified how far a designer may go when drawing inspiration from a familiar form. On 7 November 2025, the Invalidity Division ruled in favour of Crocs in proceedings against FLAMEshoes Slovakia, finding that the latter’s foam clog produced the same overall impression as the Crocs design.