“World War Pink”: Victoria’s Secret and Thomas Pink Square Off in Dispute Over “Pink” Brands

The global branding dispute between Thomas Pink and Victoria’s Secret opened up a front in Canada last month. In the decision, Justice Hughes of the Federal Court found that Victoria’s Secret had standing to seek a declaration that use of marks associated with its PINK clothing line did not infringe or depreciate trade-marks owned by […]

Beer, Reform, and Policy: A Pint of Chinese Trade-mark Law

If you want to order a Heineken in China, just ask the bartender for a “喜力啤酒” (pronounced “see lee pee jow”). The second word-pair, “啤酒”(“pee jow”), simply means “beer” and can be ubiquitously used to order beer in China. But the first word-pair, “喜力” (“see lee”), is the trade name chosen by Heineken to represent […]

To Poach a Mockingbird: Harper Lee's Trade-mark Battle

So much for southern hospitality. Celebrated American author Harper Lee finds herself embroiled in a trademark clash for the right to register the title of her own 1961 Pulitzer-winning novel, To Kill a Mockingbird.

The Bay Builds Upon a Masterpiece

Beymen, the leading fashion brand in Turkey, has offered upscale men’s clothing since 1971, more recently adding women’s wear and home collections to its lines.  But when it sought to register two of its design marks in Canada (possibly to herald its entry into the Canadian retail market), Beymen ran into serious issues with Canada’s […]

Quebec Has Some Branding Issues

The commitment to culture by our Francophone neighbours in Quebec has put their provincial government in the center of a legal battle with 6 major retailers.

Mon Dieu: Chanel Accused of Counterfeiting

France is known for its fashion.  Perhaps more importantly within the fashion world, France is known as being one of the last remaining champions of the petites mains: highly skilled tailors and seamstresses that are the “behind the scenes” technicians to Europe’s most notorious haute couture fashion houses.  In a surprising David v. Goliath decision, […]

Louboutin v. YSL Forced to Agree to Disagree

The fashion law community has been carefully watching Christian Louboutin and Yves Saint Laurent battle over red-soled shoes. At first, the twitter-verse heralded this decision as a definitive win for Christian Louboutin. However, on closer examination this appears to be more of a win-win (or a lose-lose) situation. Ultimately, co-existence is the name of the […]

No Fruit for You: EU Trademark Board finds Fruit of the Loom’s use of the mark “fruit” to be invalid

Although not as exciting as a Victoria’s Secret Fashion Show, the latest trademark case involving undergarment company Fruit of the Loom has grabbed the trademark world’s attention.

Evidence Of Parasitic Intent Not Unfounded: L’Oreal

Advocate General Mengozzi delivered his opinion to the European Union’s Court of Justice (ECJ), on February 16 2012, denying the Appeal sought by Helena Rubenstein SNC and L’Oreal SA concerning the Community trademarks BOTOLIST and BOTOCYL. Botox was registered as a word mark from 1991 to 2003 for goods in Class 5 of the Nice […]

Spanish Trademark Ruling Has One Side Happy, Other Side Seeing Red

Mark Bowman is a JD candidate at Osgoode Hall Law School. The Courts of Appeals of Barcelona have dismissed an appeal by the Red Cross concerning the trademark infringement of the logo of the candy company Happy Pills. As reported by the Spanish website elPeriódico.com, the court rejected the Red Cross’s argument that the candy […]