tag:blogger.com,1999:blog-5574479.post4147415319992293221..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: SuperGroup: Fashion, Recession and IPVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-67656597399485414542011-09-28T17:18:28.898+01:002011-09-28T17:18:28.898+01:00Not being fashion concious to me Super Dry means t...Not being fashion concious to me Super Dry means the product of Asahi. I was introduced to this beverage in Tokyo and a passable imitation of it is available brewed in Eastern Europe. There seem to be no problems with Supergroup.Guynoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-75078842010302532172011-09-28T10:42:12.914+01:002011-09-28T10:42:12.914+01:00"If Superdry are successful [...] it will be ..."If Superdry are successful [...] it will be the first step to introducing, via caselaw, a similar situation that the American fashion industry are trying to achieve there with the 'Innovative Design Protection and Piracy Prevention Act' (in fact it's still a Bill: HR 5055)"<br /><br />compare this with Jeremy's analysis<br /><br />"Are Burton's designers lazily free-riding on the success of a popular Superdry coat, or is this simply a case of two designers creating similar but independent articles of clothing in response to consumer demands?"<br /><br />IP Lawyers in the USA seem to want to find some way of patenting breathing, on behalf of consumers everywhere, natch <br /><br />However I was particularly interested by Jeremy's response and wonder if he would care to do a semiotic comparison of this to his opinion of software patents? <br /><br />Jeremy's perspective here seems to support my point about ideas developing independently and simultaneously in a connected world (made in response to one of the usual IP diatribes against F/OSS)Gentoohttps://www.blogger.com/profile/05063939954837162413noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-65324616712402951892011-09-28T01:57:50.491+01:002011-09-28T01:57:50.491+01:00Thanks, both, for your comments! Very interesting ...Thanks, both, for your comments! Very interesting to read.<br /><br />@AndyJ - just to clarify, when I referred to copyright protection, in fact what I meant is that sketches and design drawings (i.e. the pre-manufacture stuff) of the item in question will be protected by copyright, rather than the design of the object itself, which would be protected by a DR alone. Agreed that it is highly unlikely that an article of clothing would attract copyright protection. Although I do wonder if some of Lady Gaga's outfits could be considered artistic craftsmanship!Frederickanoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-3325824725185189092011-09-28T00:53:13.508+01:002011-09-28T00:53:13.508+01:00Thank you for the article, Fredericka!
I am unsur...Thank you for the article, Fredericka!<br /><br />I am unsure of what DR features SuperDry are relying upon, but they have a steep hill to climb to show that the design features/construction are protected by unregistered UK or EU Design Rights, especially a classic wool peacoat/trench blend. Nothing new about that design, I don't think.<br /><br />The coat does remind me of SuperDry in that it has popped, stiff/ribbed collar, which has become a bit of a hallmark for SuperDry. <br /><br />Odds are high the case settles anyway - I can count on one hand the number of fashion cases that have seen the light of a courtroom in the past 5 years. <br /><br /><br />Re the IDPPPA, the standards are quite similar to UK UDR and they last only 3 years. Arguably weaker and shorter-term rights than the EU UDR - which is a shame.Annsley Merelle Wardhttps://www.blogger.com/profile/09184706067469338128noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-73811503829965340302011-09-27T22:29:59.726+01:002011-09-27T22:29:59.726+01:00If Superdry are successful against Arcadia then it...If Superdry are successful against Arcadia then it will be the first step to introducing, via caselaw, a similar situation that the American fashion industry are trying to achieve there with the 'Innovative Design Protection and Piracy Prevention Act' (in fact it's still a Bill: HR 5055). <br /><br />Also, contrary to what Fredericka says under the heading 'Protecting the Design', I don't think that UK copyright law is very much use in this kind of dispute because, as the Lucasfilm decision has shown, the courts take (rightly in my view) a very narrow view of what constitutes artistic craftsmanship. Design right was specifically introduced to protect three dimensional articles produced by a manufacturing process, and so it is the appropriate law to apply here.AndyJnoreply@blogger.com