ARTICLE · 23 DECEMBER 2020

Protecting Fashion Goods In Canada

Goldman Sloan Nash & Haber LLP

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A decision of the English High Court recently released shows how protection can be obtained for fashion goods.

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A decision of the English High Court recently released shows how protection can be obtained for fashion goods. However, the fact remains that in Canada there are difficulties associated with protecting fashion goods.

Facts

"Body-enhancing" jeans are part of an expanding area of fashion known as shapewear. They can give the appearance of slimmer hips while lifting and separating the buttocks. While body-enhancing undergarments have been popular for centuries, the emergence of shapewear as outer-garments is recent. The plaintiff's jeans were introduced in 2012. The plaintiff says this was a dramatic departure from what was previously available on the market, attracting significant consumer attention and commercial success.

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