Articles
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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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Inside Luxury M&A: Successes, Setbacks, and Regulatory Roadblocks
The luxury market, driven by both prestige and intense competition, is undergoing a wave of strategic activity through mergers and acquisitions. This article examines three recent developments: Mytheresa’s acquisition of YOOX NET-A-PORTER (YNAP), Frasers Group’s failed bid for Mulberry, and the blocked Tapestry-Capri merger. Together, these cases reflect the challenges luxury brands face in pursuing…
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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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Dr. Martens and the Fight to Protect Its Yellow Stitching
Dr. Martens, the British footwear brand known for its durable boots and signature yellow stitching, has spent decades building a strong visual identity. Since 1960, the yellow stitching has symbolised the brand’s quality and individuality. But with growth came imitation, and with imitation, legal challenges. As Dr. Martens expanded, it found itself needing to defend…
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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…
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Christian Louboutin v. Yves Saint Laurent: Clarifying the Role of Colour in Trademark Protection
The dispute between Christian Louboutin and Yves Saint Laurent raised important questions about how far trademark protection can extend in fashion. At issue was whether Louboutin’s red sole, widely recognised by consumers, could be protected as a trademark. The outcome shaped how distinctive design features, particularly colour, may be protected when used as a source…
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Frasers Group’s £83 Million Takeover Bid for Mulberry Is Rejected Amid Financial Worries
Mike Ashley’s Frasers Group has made a £83 million offer to buy Mulberry, a luxury handbag maker facing serious financial problems. This proposal comes as Mulberry deals with challenges that raise concerns about its future in the luxury fashion market. Key Points: Mulberry’s Financial Problems Mulberry reported a £34.1 million loss for the year ending…
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Ensuring Authenticity: Trademark Law in the Secondhand Luxury Market
The luxury market has changed a lot in recent years, with consumers now seeking environmentally friendly, affordable, and accessible options. Platforms like The RealReal, Poshmark, and eBay enable buying and selling secondhand luxury items. While this trend benefits both buyers and sellers, it raises legal concerns about product authenticity and the proper use of trademarks…
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Tapestry and Capri Holdings: A Pivotal Moment for the Luxury Fashion Industry
The luxury fashion industry is facing a major change as Tapestry Inc., which owns brands like Coach, Kate Spade, and Stuart Weitzman, plans to buy Capri Holdings Limited, the parent company of Michael Kors, Versace, and Jimmy Choo. This merger, valued at about $8.5 billion, has sparked considerable discussion, especially since the Federal Trade Commission…