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Advocate General Wathelet has just issued his opinion in Case C-345/13, Karen Millen Fashions v Dunnes Stores (available here), in which he proposed answers to the questions posed by the Irish Supreme Court in the area of unregistered designs. Essentially he said that a design can infringe if it has the same overall impression to the informed user as one or more earlier designs taken individually and viewed as a whole, but not by reference to an amalgam of various features of earlier designs. So one can compare the contested item against a body of designs but not against a mosaic of different features taken from those designs where this is something which does not actually exist in real life. He also proposed that the right holder need only prove when his design was first made available to the public and indicate the element or elements of his design which give it individual character, and that the right holder does not have to prove that the design has individual character (which one would think could be an almost impossible task in practice in any event).
Every week in London sees several gallery openings, exhibitions, fashion launches, beauty events and so forth. The summer season is no exception – especially when it comes to outdoor events – which as fabulous as they can be, dressing for them can be slightly tricky. I love the term casual luxe – which I feel is something that very much resonates with how I personally aim to dress for parties; never too overdressed or styled, yet always appropriately on-point.
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