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Manolo Blahnik’s 20-Year Battle: Reclaiming a Brand in China
Manolo Blahnik, the renowned luxury shoe brand, endured a lengthy and challenging battle over its trademark in China. After more than two decades, the company finally secured the rights to its name in 2022. This case sheds light on China’s “first to file” trademark system, which gives priority to the party that registers a trademark…
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Our Legacy Secures Investment from LVMH Luxury Ventures to Support Expansion
Our Legacy, the Swedish brand known for its understated style, has entered a new phase with an investment from LVMH Luxury Ventures. The backing from LVMH gives Our Legacy a financial and reputational boost while allowing it to stay true to its original vision. Founded in 2005, the brand has built a strong following with…
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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…
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Christian Louboutin v. Yves Saint Laurent: Landmark Trademark Case on Red Soles and Fashion Law
The legal dispute between Christian Louboutin and Yves Saint Laurent was about Louboutin’s well-known red soles. This case was important for trademark law, especially in fashion, as it decided whether Louboutin’s red soles could be protected as a trademark. The ruling set an important precedent for how unique design features, like color, can be protected…
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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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The Changing Face of Fashion Law: How Legal Battles Are Shaping the Industry’s Future
The fashion industry is no stranger to legal disputes, but a significant shift is happening. Traditionally, fashion law has primarily focused on intellectual property issues, like trademarks, copyrights, and design rights. However, the future of fashion law is expanding beyond these areas, covering critical topics such as environmental practices, factory conditions, labor rights, and brand…