Fashion IP Protection Turns on Clearance, Evidence and Brand Reputation

A judge preliminarily enjoined Aerie from selling Overslept sleepwear after citing evidence it knew of JS China’s registered mark before launch; trial, appeal, settlement or relabeling remain unresolved. Other distinct developments include trade-dress limits that turn on competitor disadvantage and available alternatives, and EUIPO’s administrative refusal of AVENUE SAUVAGE based on Dior SAUVAGE’s reputation. Watch the Van Leeuwen appeal and whether Sol de Janeiro’s pleading survives.