Fashion Law: An Exploration of Trade Marks and Passing Off

摘要

This article explores trade marks and passing off in relation to fashion law. Commercial considerations relating to trade marks are reflected upon through the discussion of relevant case law. The UK provisions are contrasted with those of the US and the implications of the recent Louboutin case are analysed. The significance of the functionality doctrine and the correlation to counterfeiting is examined. The perspective of this article develops and leads to the discussion on passing off, asking whether goodwill in passing-off is a valuable component in fashion specifically.