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 Veneta is known for its “intrecciato” weave and fought hard to win trademark rights in 2013, aiming to protect its design from fast fashion imitators.

But, not every brand is lucky enough to reach the finish line in the trademark game. As seen with NAGHEDI, getting a pattern legally recognized as your own is not always a guaranteed victory.

What Are Pattern Trademarks?

Pattern trademarks offer legal protection for specific designs or patterns found on products. They represent the appealing side of intellectual property. Unlike logos that are immediately recognizable, patterns demand more focus from consumers. To qualify for trademark protection, a pattern must be distinctive enough for consumers to link it to a particular brand.

Bottega Veneta: A Pattern of Success

In Bottega Veneta’s case, the United States Patent and Trademark Office (USPTO) didn’t roll out the red carpet at first. The brand’s request to trademark its leather weave was initially rejected for being “too pretty.” Well, not exactly, but the USPTO did say the weave was more ornamental and functional than a source identifier. In simpler terms, they argued that the pattern was more about looks than branding.

Bottega didn’t settle for that. Instead, it tightened up its description, defining the weave as a configuration of slim, uniformly sized leather strips at a 45-degree angle. Then, they provided plenty of proof, including a whopping $22.9 million in advertising, to show that this pattern was instantly recognizable as Bottega’s. Once the USPTO saw all that evidence, they agreed to let Bottega claim the weave as its own.

NAGHEDI: The Struggle Is Real

Meanwhile, NAGHEDI, a smaller brand with a woven neoprene pattern, is still working to make its mark; literally. But the USPTO has taken the position that NAGHEDI’s pattern is just another pretty design. To them, it seems like just another woven look with nothing unique enough to signal a specific brand. NAGHEDI claims its pattern is a true identifier, backed by sales and a growing consumer base, but this isn’t Louis Vuitton’s Epi leather yet, and gaining that level of recognition in the legal world is not easy.

This whole NAGHEDI case shines a light on a tricky issue for brands trying to protect what they think are distinctive designs: without a certain level of recognition and consumer association, it can feel like shouting into the void.

BAO BAO ISSEY MIYAKE: A Triangular Triumph

Next is the case of BAO BAO ISSEY MIYAKE. The Tokyo District Court ruled in favor of Issey Miyake against Largu Co., Ltd., which was selling bags that resembled BAO BAO’s iconic triangular design. Even though Largu’s bags were less expensive, the court determined that they could confuse consumers. This ruling illustrates that if your pattern is well-known, even minor imitations can result in legal problems.

It’s a reminder that having a recognizable pattern design is not only good for sales but also essential for success in court.

The Bigger Picture

Pattern trademarks can be complicated. Established brands like Bottega Veneta have the resources to manage legal challenges, while smaller brands like NAGHEDI find it harder to gain recognition. There’s also the risk of allowing anyone to trademark a design that just “looks nice”. If every brand can secure a pattern, we could end up in a situation where even simple stripes are owned by someone.

Conclusion

In the end, securing a pattern trademark is more than just about having a pretty design; it’s about proving it’s unique enough for consumers to notice. Bottega’s victory shows that with enough persistence and visibility, it’s possible to claim your place in the fashion industry. But for brands like NAGHEDI, the path is tougher, reminding us that in fashion, good looks alone won’t cut it. If you want to stand out, be prepared to prove that you are more than just another pretty face.

Sources:

1. WIPO. (2024). Patterns of Protection: Trademarking Designs. Retrieved from https://www.wipo.int/wipo_magazine_digital/en/2024/article_0012.html
2. The Fashion Law. (2024). NAGHEDI Looks to Beat Pushback in Bid to Register Woven Pattern Trademark. Retrieved from https://www.thefashionlaw.com/naghedi-looks-to-beat-pushback-in-bid-to-register-woven-pattern-trademark/
3. The IP Law Blog. (2013). Weaving a Trademark. Retrieved from https://www.theiplawblog.com/2013/10/articles/copyright-law/weaving-a-trademark/
4. Mondaq. (2014). No Logo Required: Bottega Veneta Secures Weave Trademark. Retrieved from https://www.mondaq.com/unitedstates/trademark/286670/no-logo-required-bottega-veneta-secures-weave-trademark
5. Marks, H. (2019). BAO BAO ISSEY MIYAKE. Retrieved from https://blog.marks-iplaw.jp/2019/07/21/bao-bao-issey-miyake/