The recent decision of the Court of Justice of the European Union in Louboutin v Amazon raises a number of different issues for platforms facilitating sales by third party vendors. The decision represents a significant shift in the approach to the liability of intermediaries for trade mark infringement and, unusually, did not follow the opinion …
Are clothing designs too lacking in RAW originality and creativity to be afforded copyright protection?
Cofemel – Sociedade de Vestuário SA v G-Star Raw. Background Since the 1990’s G-Star has been the proprietor or exclusive licence holder of trade marks including G-STAR, G-STAR RAW, G-STAR DENIM RAW, GS-RAW and RAW with jeans, tops and other clothing known under the design name ARC and ROWDY. Cofemel similarly makes clothing and produces …