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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…