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Sep 10, 2015
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H&M loses dispute with YSL over handbag trade marks

By
DPA
Published
Sep 10, 2015

Swedish fashion brand H&M has suffered a legal defeat to the French luxury label Yves Saint Laurent (YSL) in a 9 year trademark dispute over design rights. The EU General Court of Justice on Thursday dismissed a plea by H&M against the iconic fashion house.

H&M


The dispute began in 2006, when Yves Saint Laurent registered two handbag designs as trademark at the Office for Harmonisation in the Internal Market (OHIM).

The Swedish retailer filed an application for a declaration of invalidity, as it considered the designs lacked "individual character" they required to qualify for copyright protection. The objection referenced an H&M handbag that had been designed before the Yves Saint Laurent’s trade mark application had been authorised.

But the Luxembourg court dismissed the appeal. The luxury bag designs from YSL were significantly different from those of H&M, said the jury, in terms of form, structure and surface finish. While the French label’s designs were "characterised by classical lines and a formal simplicity", H&M’s models would "give the impression of a more ‘worked’ bag, characterised by curves and a surface adorned with ornamental motifs", explained the EU General Court in a press release.

H&M may choose to appeal before the Court of Justice against the decision within the following two months.
 
 
 

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