Articles
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Burberry, Manolo Blahnik, and Moncler: Trademark Cases Reflecting China’s Improving Legal System
China has long been a challenging territory for trademark enforcement, especially for foreign brands. However, cases involving Burberry, Manolo Blahnik, and Moncler have significantly influenced the country’s trademark protection framework. These cases illustrate the strengths and the ongoing limitations of China’s trademark system, particularly the ‘first-to-file’ principle. While foreign brands are now better able to…
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How Bottega Veneta’s Weave Design Became a Trademark
On September 30, 2013, Bottega Veneta, the esteemed Italian luxury brand, achieved a legal victory when the U.S. Patent and Trademark Office granted trademark protection for its distinctive ‘intrecciato’ weave design. This pattern, now synonymous with the brand, has become a recognizable source identifier on its own, even without the need for a logo. The…
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The Evolving Industry of Perfume: Copyright, AI, and the Future of Perfumes
Perfume is deeply connected to human experience, often triggering emotions and memories. Scents like ylang-ylang and oud can lift our spirits or transport us to distant places. Yet, despite their profound effects, perfumes remain largely unprotected by copyright law. Advances in technology, particularly artificial intelligence (AI), may soon change this, creating new opportunities and challenges…
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Perfume and the Law: Can the Law Keep Up with the Art of perfumery?
For centuries, perfume has been seen as less important in art and law. Often viewed as simple and lacking the depth needed for true artistic expression, perfume has historically taken a back seat to visual and auditory forms, receiving little recognition. However, this perception is rapidly changing. Today, artists are using scent to create memorable…
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Steve Madden: Just Another Intellectual Property Offender in Designer Disguise?
Steve Madden has built a billion-dollar brand on a simple idea: make high-end designs affordable by copying them. The result? Madden’s shoes and accessories look like high-end designer pieces, and that resemblance has dragged him into court time and time again. Big names like Valentino, Ganni, Dr. Martens, and Converse have lined up to protect…
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The Drive for Market Share in Luxury: Mergers and Acquisitions
The luxury market is driven by both prestige and intense competition. To grow and capture market share, many brands are pursuing mergers and acquisitions. This article reviews two cases: Mytheresa’s acquisition of YOOX NET-A-PORTER (YNAP) and Frasers Group’s failed attempt to acquire Mulberry. It also covers the regulatory challenges related to the blocked Tapestry-Capri merger,…
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Pattern Trademarks in Fashion: Looks Aren’t Everything
In fashion, a great design is extremely valuable. However, it is not just about how a piece looks; it is also about how well it can stand up in court. Pattern trademarks are designed to protect unique designs that help a brand stand out, but the legal process can often be complicated. For example, Bottega…
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Adidas and the Stripe Wars: Struggling to Draw the Line of Defense?
Adidas, the global sportswear brand, is known not just for its three stripes on the track but also for its endless courtroom battles. Over the years, Adidas has taken legal action to protect its distinctive three-stripe design, filing cases against brands across the fashion industry, from high-street fashion to luxury labels. These legal battles are…
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The Yellow Stitch Saga: Dr. Martens’ Legal Battles in Europe and Japan
Dr. Martens, the British footwear brand known for its tough shoes and yellow stitching, has faced legal battles over this iconic design element. Since 1960, the yellow stitching has represented the brand’s quality and individuality. As the company grew, Dr. Martens encountered challenges in protecting its unique designs from being copied. These legal cases illustrate…
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Why Perfume Cloning is Legal: The Lack of Intellectual Property Protection for Fragrances
Perfume cloning is a common practice where lower-cost brands replicate the scent of high-end perfumes. This might seem unfair to luxury brands, but perfume cloning is generally legal due to how intellectual property (IP) laws view fragrances. Here’s why perfumes are not strongly protected by IP law, and why cloning is allowed. Perfumes Are Considered…