Posted by Stephen Welfare, Partner
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The retail sector is a fast moving and highly competitive industry, one in which failure to foresee challenges ahead of the competition can make the difference between boom and bust. This is particularly poignant in the jewellery industry, where discerning customers expect the highest quality products to go hand in hand with customer service and experience.
Each year when #BlackFriday and the Christmas sales period approaches, retailers (and accordingly suppliers) are looking forward to their busiest time of the year and a return on the R&D work throughout the year. For fashion-led industries such as jewellery, seasonal variations and being ‘on trend’ can make a big difference: get it right and your product is the must have this Christmas and you’ll be ‘quids in’, but get it wrong and you’ll be in potential financial difficulty. So design is key.
Copycat products are relatively common. Supermarkets’ own products often seem to be designed to be mistaken for popular brands; what, if anything, can the owners of the ‘original’ intellectual property, do about it? A recent case looked into copyright in a product that changes appearance with use – a makeup powder.
Stephen Welfare, Head of our Intellectual Property team at Royds Withy King attended day two of the IJL 2019 trade show. The annual event was held at London Olympia, West Kensington.
The jewellery industry, perhaps as much if not more than most, has discerning customers who expect the highest quality products to go hand in hand with customer service and experience.
Basically a clause included in a sale of goods contract that where particular goods are sold on an order-by-order basis (i.e. on credit) legal title does not pass to the buyer until the goods have been paid for. The ordinary rule is otherwise that ownership transfers to the buyer upon delivery of the goods. A prudent seller will have retention of title clauses included in its terms and conditions.
In the fast-moving world of intellectual property and trade marks, it is vital to defend your brand as actively as you can. And you don’t have to be an international powerhouse like Chanel to do it.