15 Mar 2023
Written By Hannah Burrows
It’s official, British fashion designer Phoebe Philo has announced that her product line under her own name will be launching in September 2023.
Philo has been in the fashion industry for a number of years. She previously worked for luxury French fashion house Chloé, but is arguably most well-known for being Creative Director at (fellow luxury French fashion house) Céline, bringing to life iconic bags such as the Luggage and the Trapeze during her tenure.
The Trapeze bag has been discontinued for some time. However, the Luggage Tote bag is still around to this day, though its larger sizes, the Phantom and Mini, appear have been discontinued – much to my, and I’m sure many others’, disappointment. You can still purchase the Micro luggage (my beloved handbag is pictured) as well as the smallest size, the Nano.
In my experience as an IP professional and brand protection specialist, I don’t consider that brands make as much use of the registered designs system as much as they should do. With fashion being fast-paced and designs and styles ever changing, I assume the argument for most brands is that they’d rather rely on unregistered design rights because the duration of protection of unregistered design rights is sufficient, particularly for seasonal products.
Unregistered design rights last for a duration of three years in the EU and UK (under the new supplementary unregistered design right following Brexit) – protecting the 2D/3D appearance of the whole or part of a product. There are also UK unregistered design rights which protect the shape and configuration of 3D articles. These last for a duration of up to 15 years. This is compared to the 25-year term that registered designs in the UK and EU provides – if renewed every five years.
Céline obtained a design registration in the UK and EU for the luggage bag as can be seen on the UK Intellectual Property Office (UKIPO) website.
For any handbags that are best sellers or part of the brand’s permanent collection, it is well worth protecting these, particularly for enforcement purposes against copycat or lookalike products.
Aside from designs, there is also the importance of protecting personal names if a brand is to be launched under this name.
Phoebe Philo obtained UK and EU trade mark protection for her own name several years ago in Classes 3 (cosmetics), 14 (jewellery), 18 (bags), 25 (clothing). She then subsequently filed additional trade mark applications for missing coverage such as Class 9 (sunglasses), Class 20 (furniture) and Class 35 (retail services). The UK trade mark applications and registrations can be seen at the UKIPO website.
One important thing for brand owners to consider is future proofing your brand. When starting a brand I wouldn’t expect most people are thinking about what happens if you decide to sell the business one day. However, it is sensible to think about avoiding a situation where you potentially lose the right to trade under your own name and lose control over any ongoing use of the name, as this may have potential reputational damage.
Unfortunate as it is, conflict can arise between designers and retailers after a sale of the business. Therefore, provisions in an agreement should govern the right to use your own name. Notable examples include Karen Millen (who lost her right to use this name and any confusingly similar name) and Jo Malone (who is no longer part of the Jo Malone business now owned by Estée Lauder companies and has her own separate brand, Jo Loves).