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Showing posts from July, 2018

Milan court applies Nintendo v Big Ben in fast fashion lawsuit against ZARA

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Diesel (L) and Zara (R) The relevance of the fashion industry to world economies has grown over time. Today it equals  2% of world's Gross Domestic Product .  A phenomenon that has really boomed over the past few years is that of 'fast fashion', which is characterized - also raising  a number of concerns , including  sustainability (or lack thereof)  - by very rapid production cycles, low cost and prices, and items 'inspired' - see, eg,  Saint Laurent/Zara ,  Gucci/Forever 21 ,  Acne/Zara  - by looks seen on catwalks or those worn by celebrities. According to statistics, fast fashion items are worn  less than 5 times . Hence, also the 'wearing' cycle is short-lived. But when does inspiration translate to an actual IP infringement? And is it worth it - or even altogether  possible   from a legal standpoint - for, say, a fashion house to take action in an attempt to repress the production and sale of garments that look a bit too simi

The value gap proposal in the JURI Committee Report as a consolidation of the existing framework (not the end of the internet)

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Mind the gap, please Following a number of delays, a few days ago the JURI Committee (Legal Affairs) of the European Parliament finally   adopted the text of the Report  on the proposed Directive on copyright in the Digital Single Market (DSM Directive) as drafted by its Rapporteur, MEP Voss.  This development, which would allow the European Parliament to begin  trilogue negotiations  (negotiations between the Council and the European Parliament to reach a compromise between the respective versions of the DSM Directive) follows the earlier vote and, with it,  agreed negotiating mandate  in the Council of the European Union  [ here ] .  This week (5 July) the plenary of the European Parliament will vote on whether the trilogue negotiations, on the basis of the mandate represented by the JURI Committee Report, may begin  [see  this helpful  Politico  infographic ] .    The text of the proposed DSM directive has attracted significant attention since its