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Authorship in the Age of AI in Fashion: Copyright and Beyond
AI in fashion is rapidly evolving, transforming the industry at every level of the creative process. From virtual models to algorithmically generated prints, artificial intelligence is reshaping how designers work and how collections are conceived. When luxury house Marchesa collaborated with IBM Watson to create an AI-assisted dress for the Met Gala, the result was…
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Why Cultural Identity Is Taken Without Consent in Fashion
Why Fashion Law Struggles to Address Cultural Appropriation When a global fashion house unveils a design on the runway, few inside the industry stop to ask where it came from, who first shaped it, or whether permission ever figured in its making. Some forms are celebrated as fresh creative work, while others are quietly lifted,…
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Dupe Culture in Nigeria and the Challenge for Fashion Law and IP Protection
Nigeria’s fashion industry is undergoing rapid transformation. Social media, e-commerce platforms, and a growing appetite for affordable luxury aesthetics are reshaping how fashion is consumed. At the heart of this shift is dupe culture in Nigeria, where consumers actively seek products that imitate the look and feel of luxury items without necessarily infringing on registered…
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SUPREME Trademark Dispute: ‘Supredog’ Mark Cancelled by EUIPO
On 11 June 2025, the European Union Intellectual Property Office cancelled the word mark ‘Supredog’ following an invalidity application by Chapter 4 Corp., the company behind SUPREME. The Cancellation Division found that the contested mark was too closely aligned with the earlier SUPREME figurative mark and that its continued use would unfairly benefit from the…
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Luxury Counterfeits in China: Legal Action and Consumer Demand
Luxury counterfeits in China continue to present serious challenges for global brands, even as trademark enforcement becomes more structured. Although legal protections have strengthened, consumer demand for imitation goods remains high, shaped by cultural familiarity, affordability, and the pursuit of social status. Addressing this issue requires more than litigation. It calls for a closer examination…
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Tiffany vs Costco: The $21 Million Dispute That Ended Quietly
Tiffany vs Costco is a case that ended quietly but left behind significant questions about trademark law and brand protection. Spanning eight years, the dispute concluded with a confidential settlement and a dismissal with prejudice, preventing Tiffany from bringing similar claims against Costco in the future. Although the terms remain undisclosed, the case draws attention…
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BMW Protects Its Distinctive Identity: ‘BMV’ Application Refused
On 19 May 2025, the EUIPO’s Fifth Board of Appeal confirmed the refusal of the trade mark application for ‘BMV’, filed by Victron Energy B.V. for battery monitors in Class 9. The Board upheld BMW’s opposition under Article 8(5) EUTMR. While the goods are not identical, the Board found that the similarity between the signs,…
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Prada’s Opposition to ‘JIU JIU’ Fails: A Lesson in Local Trademark Protection
On 31 March 2025, the Taiwan Intellectual Property Office (TIPO) rendered a surprising decision by dismissing an opposition by Prada Group to the ‘JIU JIU’ trademark registration owned by Taiwanese company Dijia Co., Ltd. The trademark ‘JIU JIU’, designated for skincare and cosmetics products in Class 3 goods, was challenged by Merchant Pride Co., Ltd…
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Pattern Trademarks in Fashion: Proving Distinctiveness Beyond Design
In fashion, a strong design is a valuable asset. But beyond aesthetics, the real test lies in whether that design can hold up in court. Pattern trademarks are intended to protect specific design configurations that help a brand stand out, but securing protection is often a complex and uncertain process. While Bottega Veneta succeeded in…