Fordham IP Institute

Protection of Designs

Trademark 10B

Moderator:

Sven Schonhofen

Reed Smith LLP, Munich

Speakers:

Gordon Humphreys

Chairperson of the Fifth Board of Appeal, European Union Intellectual Property Office, Alicante
The Future Face of the Community Design
While the legislative framework for trademarks has undergone a comprehensive update, the 1998 Design Directive and the 2001 Community Design Regulation remain untouched. In 2014, the Commission launched a comprehensive legal and economic evaluation of the overall functioning of design protection in the EU. The first step was a report published in 2015 on the economic aspects of designs in Europe. The second step was a report, published in May 2016, on the legal review of design protection in Europe. This presentation will look at the highlights of both reports and how they might feed in to the future face of the revamped EU industrial design system. Presentation

David Stone

Allen & Overy LLP, London
Can a red sole be a shoe-in to a trademark registration?
Colors play a major part in some of the world’s most famous brands but it is always difficult to register them as trademarks. Christian Louboutin is fighting around the world to protect its famous red soles and the CJEU has been asked whether the current prohibition on trademark registrations for signs that consist exclusively of shapes that give substantial value to goods also includes 2D elements such as color. The revised EU Trade Mark Directive suggests that ”another characteristic” like color should also be excluded from registration but is it fair that competitors might be allowed to copy the signature red soles? Presentation

Panelists:

Prof. Irene Calboli

Visiting Professor, Singapore Management University School of Law, Singapore; Texas A&M University School of Law, Fort Worth

Shlomo Cohen

Dr. Shlomo Cohen & Co., Tel Aviv

Prof. Susan Scafidi

Fordham University School of Law, New York
Fordham IP Institute