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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 subject
- 16:21- Is the JC/DC case contrary to the decision in the ELIZABETH EMANUEL case?
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