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Fashionably IPAuthor: HGF
The FashionablyIP podcast is a look at important and hot topics in the world of fashion and intellectual property. In the podcast, we review the latest intellectual property issues in fashion or discuss matters of IP which have impacted the world of fashion for years and have come up again and again. The podcast will consist of interviews, opinion pieces and case law discussions.The information in this podcast is not legal advice. If you have any questions concerning the issues raised please contact Rebecca Field at rfield@hgf.com or Lee Curtis at lcurtis@hgf.com. Language: en-gb Genres: Arts, Business, Fashion & Beauty, Marketing Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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Can a trade mark registration for fashion designers name be deemed deceptive?
Episode 33
Thursday, 12 February, 2026
Rebecca Field and Lee Curtis discuss the importance of personal names in the world of fashion and a recent decision of the CJEU concerning the registration of a trade mark relating to French fashion designer Jean-Charles de Castelbajac. Did the use of the name JC de CASTELBAJAC post-registration, after the sale of the underlying business, lead to a trademark registration for the name to be invalidated on the basis of deceptiveness? Is this decision contrary to the well-known decision relating to the name ELIZABETH EMANUEL, or does it build on that earlier decision?Timestamps:2:38 - Why is the issue of designer names and trade marks an issue particularly pertinent to the world of fashion?4:44 - What was the key case on the issue?12:08 - Most recent case on this subject16:21- Is the JC/DC case contrary to the decision in the ELIZABETH EMANUEL case?
