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Perfume Law: Can the Law Keep Up with the Art of perfumery?
The idea of ‘perfume law’, though not a formal branch of intellectual property, captures a growing effort to treat fragrance as more than a fleeting commercial good. Long dismissed as decorative and too elusive to merit legal recognition, perfume has for decades remained on the fringes of intellectual property protection, overshadowed by visual and auditory
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Steve Madden and Intellectual Property Disputes: Understanding the Legal Context
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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From Trademarks to Transparency How Fashion Law Is Evolving
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