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Culinary Creations and Intellectual Property: Why Are Recipes Hard to Protect?
What protects a chef’s years of work on a dish if it can be copied without consequence? Culinary creations combine creativity, skill, and artistry, yet they often fall outside the scope of intellectual property protection. The laws designed to safeguard creative works do not always apply to the culinary arts, leaving chefs with limited options
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Paul Smith vs Judy Stabile: A Copyright Infringement Case Over Stripes
Stripes were at the center of this dispute, but it wasn’t another Adidas case. Instead, Paul Smith and The Rug Company faced a copyright infringement claim from Judy Stabile, who alleged that their Carnival Rug copied her paintings. This case focuses on two critical issues: whether the defendants had access to Stabile’s work and whether
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The Uffizi vs Jean Paul Gaultier: A Legal Look at Cultural Heritage and Fashion
In 2021, the Uffizi Galleries in Florence filed a lawsuit against French designer Jean Paul Gaultier for using Sandro Botticelli’s The Birth of Venus in his ‘Le Musée’ collection. While Botticelli’s iconic painting, created in the late 15th century, is no longer under copyright, this case does not center on copyright law. Instead, it focuses
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Louboutin’s Red Sole Trademark: Legal Challenges Across Borders
Christian Louboutin’s red sole, known for its distinctiveness, has faced legal scrutiny across the globe. This analysis focuses on cases resolved in Japan and France, as well as the key ruling by the Court of Justice of the European Union (CJEU), where courts evaluated whether the red sole should be recognised as a trademark or
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Louis Vuitton and Unauthorized Refurbishment: Trademark Infringement Case
A recent ruling in the Patent Court of Korea has reinforced the critical role of trademark protection in the luxury goods market, particularly regarding unauthorized product alterations. The court ruled that a bag repairer must pay 15 million won ($10,745) in damages to Louis Vuitton Malletier for refurbishing Louis Vuitton bags without authorization and for
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Toe-to-Toe: Chanel’s Iconic Shoe Design Safeguarded following the Paris Court of Appeal’s Ruling Against Jonak
On October 16, 2024, the Paris Court of Appeal issued a ruling in favor of Chanel in its legal dispute against the renowned women’s shoe company Jonak concerning parasitism. For context, Chanel has been commercializing and distributing a tan slingback shoe model with a black tip for several decades now. Consequently, when Jonak commenced the
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Assos Sues ASOS Over Trademark Dispute in UK Court
Swiss cycling brand Assos has filed a lawsuit against ASOS in the English High Court, with ASOS, Asos.com, and Asos France named defendants. The lawsuit, filed last Friday, follows a history of legal disputes between the two companies. The grounds for the current lawsuit are not yet clear. Assos, previously owned by the Maier family,
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Is the Market Too Small for Perfumes Compared to Sneakers? Why Perfumers Deserve Recognition
Is the market too small for perfumes compared to sneakers? It is time to recognise perfumers as the artists they truly are, creators whose rights deserve protection. While sneakers attract widespread admiration, perfumes hold similar potential for artistry and emotional impact. Collectors and enthusiasts pay hundreds of dollars for both rare sneakers and exclusive scents,
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Burberry, Manolo Blahnik, and Moncler: Trademark Cases Reflecting China’s Improving Legal System
China has long been a challenging territory for trademark enforcement, especially for foreign brands. However, cases involving Burberry, Manolo Blahnik, and Moncler have significantly influenced the country’s trademark protection framework. These cases illustrate the strengths and the ongoing limitations of China’s trademark system, particularly the ‘first-to-file’ principle. While foreign brands are now better able to
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Manolo Blahnik in China: A Two-Decade Fight for Brand Ownership
Manolo Blahnik, the renowned luxury shoe brand, endured a long and difficult trademark dispute in China. After more than twenty years, the brand finally secured the rights to its name in 2022. The case draws attention to the challenges posed by China’s “first to file” trademark system, which prioritises the party that registers a mark
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Our Legacy Secures Investment from LVMH Luxury Ventures to Support Expansion
Our Legacy, the Swedish brand known for its understated style, has entered a new phase with an investment from LVMH Luxury Ventures. The backing from LVMH gives Our Legacy a financial and reputational boost while allowing it to stay true to its original vision. Founded in 2005, the brand has built a strong following with
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How Bottega Veneta’s Weave Design Became a Trademark
On September 30, 2013, Bottega Veneta, the esteemed Italian luxury brand, achieved a legal victory when the U.S. Patent and Trademark Office granted trademark protection for its distinctive intrecciato weave design. The word intrecciato, meaning “interwoven” in Italian, refers to the brand’s signature technique of interlacing slim strips of leather into a recognisable pattern. This
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The Evolving Industry of Perfume: Copyright, AI, and the Future of Perfumes
Perfume is deeply connected to human experience, often triggering emotions and memories. Scents like ylang-ylang and oud can lift our spirits or transport us to distant places. Yet, despite their profound effects, perfumes remain largely unprotected by copyright law. Advances in technology, particularly artificial intelligence (AI), may soon change this, creating new opportunities and challenges
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Perfume Law: Can the Law Keep Up with the Art of perfumery?
The idea of ‘perfume law’, though not a formal branch of intellectual property, captures a growing effort to treat fragrance as more than a fleeting commercial good. Long dismissed as decorative and too elusive to merit legal recognition, perfume has for decades remained on the fringes of intellectual property protection, overshadowed by visual and auditory