News & Features

Generic trademarks: a headache or a blessing? 

By Diana Muller

Diana Muller of Gottlieb, Rackman & Reisman, P.C. looks at the importance of policing trademark usage, particularly when a brand name has evolved to b...

In The Press

A round-up of the latest luxury business news.

What retailers should keep in mind during the 2018 holiday shopping season

By Meryl Bernstein,Sahira Khwaja

The holiday season is the most wonderful – and the busiest – time of year for retailers. With the holiday season now in full swing, Meryl Bernstein an...

New York Luxury Law Summit Q&A: Ruthie Davis

Ruthie Davis, high-fashion and footwear designer, CFDA member, AAFA’s 2014 Designer of the Year and president of her own label, spoke at New York’s Lu...

New York Luxury Law Summit Q&A: Pamela Church

Pamela Church, Chair of Baker McKenzie’s North American Intellectual Property Practice and sub-committee member of the firm’s Luxury & Fashion Industr...

New York Luxury Law Summit Q&A: Douglas Hand

Douglas Hand, founding member of the law firm Hand Baldachin Amburgey LLP (HBA) and one of the few fashion lawyers in the United States, sat alongside...

New York Luxury Law Summit Q&A: Simon Spurr

Simon Spurr - British fashion designer and current creative director of Eidos, the younger cousin of ltalian luxury label Isaia - took part in the pan...

French authorities in social media tax evasion crackdown

By Jodi Bartle

French financial authorities will turn to social media in a bid to identify individuals who engage in tax avoidance practices as early as 2019, accord...

Chanel sues TheRealReal for selling counterfeit handbags

By Jodi Bartle

Luxury brand Chanel is claiming e-commerce platform The RealReal sells counterfeit hand-bags that the website had advertised as genuine and authentic...

L’Oreal takes Drunk Elephant to court in a bid to shut down ‘dupes’

By Jodi Bartle

Beauty giant L’Oreal, owner of the SkinCeuticals brand, is suing newcomer Drunk Elephant in an alleged patent infringement.

Smart wearables and athleisure: the legal challenges

By Subhash Bhutoria, Shrita Suri

Smart shirts, wearable technology and intelligent fabrics have changed the fashion and sportswear business and both the knowns and nobodies are keen t...

EU Commission provides guidance on new Geo-Blocking Regulation

By Nils Rauer

Dr. Nils Rauer, Partner at Hogan Lovells, on the European Commission’s plans to tackle geo-blocking.

Seeking an injunction has the power to blitz a ‘Brand’.

Becoming more than a figment in the imagination of others.

‘Love in the Bin’ does not amount to a broken heart

‘Caveat emptor’ has broken new legal boundaries

Scandal cost computations that uniquely impact luxury brands

Recent research from the Kellogg School of Management indicates that witnessing a moral violation can - and does - change people’s product choices. Th...

Luxury Law Alliance Member’s Q&A: Quentin Bargate, Bargate Murray

By Jodi Bartle

Fresh from attending 2018’s Monaco Yacht Show, the senior and founding partner of Bargate Murray discusses the issues facing the yachting industry....

Profile: Peter Coveney, General Counsel at Godiva

By Jodi Bartle

Peter Coveney talks to Jodi Bartle about supporting growth and overseeing legal and compliance for this international luxury chocolatier.  

North Korea buys luxury goods from China to the tune of $640m in 2017

By Jodi Bartle

North Korea imported at least $640m worth of luxury goods from China in defiance of UN sanctions, a South Korean opposition lawmaker Yoon Sang-hyun ha...

Seventies favourite Halston sues Calvin Klein for ripping off its designs in a new LA suit

By Jodi Bartle

Halston is suing Calvin Klein for copying its dresses and passing them off as authentic. The LA-based fashion brand is known for disco-era slinky desi...

California Consumer Privacy Act: The Challenge Ahead

The Act, which was fast-tracked, has raised considerable issues for companies. Harriet Pearson, Edith Ramirez and Britanie Hall of Hogan Lovells shed...

Alfred Dunhill wins landmark victory in China

Alfred Dunhill has won a major victory in a long-running trademark battle in China, the latest success in parent company Richemont’s global brand prot...

The Indonesian Supreme Court reaffirms the “First to File” system and the existence of well-known trademarks

Justisiari P Kusumah and Elsiana Inda PM of K&K Advocates explain how Indonesian trademark law favours first registered and well-known trademark owner...

Profile: Greer McMullen, general counsel at Coty

By Jodi Bartle

Greer McMullen is responsible for overseeing Coty’s legal affairs worldwide. He talks to Jodi Bartle about building an appropriate legal function for...

Trademark issues among ‘Youngtimers’: Ferrari and Testarossa

By Ben Natter,Jessica Sblendorio

Ben Natter and Jessica Sblendorio of Haug Partners LLP highlight the importance of maintaining historic unused trademark rights.

Luxury Law Alliance Member’s Q&A: Subhash Bhutoria, Krida Legal

Indian law firm Krida Legal is a boutique firm with expertise in sports, gaming, art and fashion law. The intellectual property rights, art & luxury l...

Sustainable fashion in India

By Shrita Suri

Saachi Bahl, a sustainable fashion consultant and Shrita Suri, a fashion lawyer at Krida Legal, provide an insight into the opportunities and challeng...

How would a no deal Brexit affect brands?

By Sally Britton,Nina O'Sullivan

With the chances of achieving a Brexit deal looking more perilous as time passes, the UK Government has been issuing a series of Notices setting out t...

#MeToo #WhyIDidn’tReport #WhatNext?

By Beth Hale

As #MeToo is followed by #WhyIDidn’tReport, it is clear that the issue of sexual harassment in the workplace is not going to disappear from the headli...

CFDA launches Fashion Trust

The Council of Fashion Designers of America (CFDA) has launched the CFDA Fashion Trust, a new charitable initiative that provides business support to...

LA moves to ban the sale of luxury favourite fur

Los Angeles City Council is taking steps to become the largest US city to ban the sale of new fur products, after unanimously agreeing to prohibit the...

All American brand Michael Kors snaps up Versace

In what is one of the biggest luxury deals of the year, Michael Kors has bought Versace.

Orla Kiely shops cease trading

The fashion designer's shops went into administration on Monday and 55 staff have been made redundant.

3D metal printers AddUp acquires a majority stake in Poly-Shape

French law firm Gide advised on AddUp's deal acquiring the majority of 3D printer Poly-Shape.

Tax win in the offing for Brazil's retail businesses

By Mattos Filho

The fashion retail industry's questions over PIS/COFINS credits could finally be solved, a white paper by Brazilian law firm Matthos argues.

The world of art recovery

General counsel James Ratcliffe is custodian of the Art Loss Register, the largest of its kind in the world, numbering over half a million items of l...

Blockchain and how it is impacting patents

By Barry Lewin

Blockchain technology is having a major impact has on the world of patents with patent-related opportunities arising as a consequence, says Barry Lew...

In the spotlight: Holland and Holland

The luxury British gunmakers have been in the business for over 180 years and are still innovating - with their eye on a younger clientele. Managing d...

Bologna Fiere acquires shares in Health & Beauty publishers

An Italian trade fair organiser has invested in a German health and beauty publishing firm.

The sweet smell of PLAY-DOH Is now a trademark

By Jeffrey Kaden

How did Hasbro successfully register a scent as a trademark? Jeffrey Kaden of Gottlieb, Rackman & Reisman analyses the application.

Climate change impacts the Indian fashion industry

By Subhash Bhutoria

Several luxury brands depend on Indian textile firms for fabrics, printing and production. However, climate change international obligations could di...

Indonesia strengthens trademark law

By Justisiari Kusuah

Indonesia has introduced a new regulation to deal with the registration of well-known trademarks. Justisiari P Kusumah and Siti Mariam Nabila of K&K A...

Louis Vuitton caught up in Greek tax crackdown

The Greek authorities have conducted a raid on the Greek island of Mykonos.

Nike faces class action over sex discrimination claims

The retailer has become embroiled in a class action lawsuit over a range of claims including being 'devalued and demeaned' by the company.

Luxury sector launches roadmap for sustainability

A roadmap was launched in mid August by fifteen luxury companies including Kering, Harvey Nichols, Chanel and Louis Vuitton to address sustainability...

The Interview: Catherine Palmer

Catherine Palmer, general counsel of luxury fashion brand and retailer Joseph, has a number of strings to her bow. Not only is she a member of the boa...

Cardshark files lawsuit over Gucci iPhone case

The luxury company is facing allegations of patent design infringement.

Ireland clamps down on photoshopped image

The Irish advertising regulatory body has made its first finding over the new photoshop disclosure requirement against a blogger.

Who should be identified as an inventor on a patent application?

By Jason Wachter

The inventor must be named on a patent to ensure it is not invalidated.

Inside: New Luxury 2018

A masterclass on how to grow a luxury business provided stepping stones for 75 new companies starting out in the sector with lessons from a group of c...

Inside: The Luxury Law Summit 2018

Leaders in luxury gathered in London to discuss the world of heritage and emerging brands at the 2018 Luxury Law Summit.

Trademark Law as a Strategy for Protection of Distinctive Signs

By Maíra Schweling Scala

Brazil's courtroom battle over jeans must be noted by apparel manufacturers, says IP and technology lawyer Maíra Schweling Scala of Mattos Filho.

How GDPR impacts luxury brands

By Suzi Sendama

Data protection rules across Europe have changed forever, following the introduction of the General Data Protection Regulation (GDPR) on 25th May. Suz...

Virtual Reality Throws Up New IP Challenges in the Real World

By Jonathan Purow

Virtual reality is creating novel IP issues in the real world, says IP lawyer Jonathan Purow of New York law firm Gottlieb, Rackman and Reisman.

Social Media, Apps, and Patent Eligibility

By Jason Wachter

Social media companies need to think about filing for patent protection, says Jason Wachter of GR&R.

US Customs take action against buyers of counterfeit goods

By Marc Misthal

Buying counterfeit goods online may preclude you from trusted traveller programmes, says Marc Misthal.

Is there Plagiarism of Lipstick Art in Brazil?

Maíra Schweling Scala and Isabela Fernandes Pereira of Mattos Filho discuss the implications of a recent lawsuit by the editor-in-chief of lips at cos...

Scent presents a new opportunity for IP registration

A possibility that scents could be trade marked opens up a number of possiblities for companies, says Céline Bondard of Cabinet Bondard.

In the name of luxury

By Bernardine Adkins

The recent landmark Coty judgment allows luxury brands to restrict the use of online e-commerce platforms to protect the prestige of their brand. Bern...

Supplier liability of well-known brands acquired abroad

By Fabio Ozi,Ligia Lima Godoy

Brazilian consumer law now gives protection to consumers when they buy a product abroad, says Fabio Ozi and Ligia Lima Godoy of Mattos Filho.

The Chinese art and antique market in Britain: challenges and opportunities

By Lauren Xandra

From authentication to legislation, China’s ascent in art and antiques presents a host of challenges and opportunities for legislative innovation, say...

Office banter is no joke

By Donna Martin

Companies need to take steps to ensure that policies are in place to deal with office banter which goes over the line, says Donna Martin of Mackrell T...

Manufacturers must act over likely UK microbeads ban

Bryan Cave's Nicola Conway has warned manufacturers to prepare for the impending UK ban on microbeads in cosmetics and beauty products.

“Intent to Use” and US Trademark Filing Based on Foreign Registration

By Ben Natter

Vigilance in maintaining records that demonstrate an intent to use the mark in US commerce is key in the face of trademark challengers, says Ben Natte...

Coty and Burberry complete unique licensing deal

Coty has completed its acquisition of the exclusive long-term global license rights for Burberry Beauty luxury fragrances, cosmetics and skincare.

Supreme Court rejects Louis Vuitton trademark lawsuit

A small company selling cheap canvass totes has won a trademark case citing the use of parody as its defence.

France enacts law over retouching of photographs

By Emer Tiernan

France has moved to enact legislation over retouching photographs for commercial purposes.

Managing risk around the gig economy

By Sarah Chilton

The ever-expanding gig economy is coming under the spotlight of government as evidenced by the recent Taylor report in the UK. Luxury businesses must...

New York set to introduce new work shift law

By Emer Tiernan

The city has introduced new labour law legislation which will impact retailers in New York.

The Golden Mile

By Maung Aye

Madrid's famous 'Golden Mile' was the subject of an ECJ hearing over a disputed trademark. Partner Maung Aye of Mackrell Turner discusses the finding...

How to plan a product design strategy for post-Brexit UK

By Ewan Grist

Unregistered design rights will pose a problem for companies following Brexit. But there are solutions, says Ewan Grist of Bird & Bird.

The protection of fashion in the Brazilian luxury industry

By Júlio Regoto ,Felipe Bueno

Protecting exclusive fashion collections from being copied is one of the challenges for luxury brands. Felipe Bueno and Júlio Regoto of law firm Matt...

Matal v. Tam: The death knell of the Lanham Act’s Disparagement Clause and implications for the fashion industry

By Laura Chubb,Joseph Saphia,Ben Natter

Fashion companies may choose more controversial brand names moving forward following the Supreme Court's decision over disparaging names when it paved...

Making up names

By Alison Stein,Brittany Lamb

Fashion and cosmetic companies using songs or movie titles for their products should check out the legality of doing so as the entertainment and makeu...

Benelux: My brand is not there for your political speech

By Guillaume de Villegas de Clercamp,Auriane Schockaert

Brand reputation is one of the most valuable assets businesses own. Trade mark owners will want to avoid undesired political exploitation of their bra...

The Ikea 'Frakta' bag – a novel approach to dealing with look-alike products

By Daisy Dier

Balenciaga has recently launched what is widely being billed as their interpretation of the iconic Ikea 'Frakta' bag. While readers may not instantly...

Sustainability is back

By Kat Higgins

Luxury leaders gathered in London recently to look at the challenges and opportunities in a turbulent world. From building a sustainable company to se...

Why the grey market isn’t a grey issue

Luxury brands dislike the grey market which impacts on their revenue streams as products are sold in different regions for different prices. Helen Sau...

US outlet pricing class action update: another dismissal but no death knell

By Jeremy Creelan ,Nicolas Keller

In the last few years, luxury fashion brands have faced a spate of class actions in the U.S. alleging that the brands engage in misleading pricing pra...

Unpacking the preliminary ruling on the Coty-Parfümerie Akzente dispute

By Evie Kanagasooriam

The so-called Coty ruling is underway at the Court of Justice - and there will be major implications for luxury companies on the controversial topic o...

3D printing: The future of fashion?

By Christine Danos ,Zara Lim

Technology has come a long way in the past decade. One big game changer is the 3D printer. 3D-printing works by deconstructing a 3D object into 2D sli...

Why choose to register an aircraft in the Isle of Man?

By Stephen Dougherty

The Isle of Man Aircraft Registry was created in May 2007 and it is specifically aimed at private and corporate business jets and helicopters. The Reg...

‘Born free – now I’m expensive’: Managing increasing staff costs and a dynamic workforce

By Andrew Rayment ,David Smedley

The world of work is changing. Non-standard, atypical employment arrangements designed to be agile enough to meet the ebb and flow of business demand...

A new lease on leases?

By Mariana Spoto Cobra

You walk in front of Chanel’s display window several times eying the purse. You get something to eat and walk by again. It seems to beckon you as if b...

Resale Price Maintenance: a fashionable issue for luxury brands

By Lauro Celidonio ,Esther Lobato

Empowered by social networks and digital devices, today’s luxury goods consumers are dictating increasingly when, where and how they engage with luxur...

Fashion copyright in Denmark: Even easier than unregistered designs?

By Lars Karnoe

Denmark has a wide protection of applied art under the copyright law, however one particular field stands out as difficult – articles of clothing, or...

There would be no fashion without immigration

By Sarah Gogan

With London Fashion Week having taken place last month and with the next round of shows in autumn, we need to ensure that the brightest and best globa...

For the love of fashion: protecting the beauty of fashion through Community design rights

By Lara van Huizen ,Linda Brouwer

While most fashion trends may come and go in a heartbeat, some never go out of style. The Birkin bag, Cartier's L⊝Ve bracelet, Chanel's classic flap b...

The unforeseen consequences of celebrity endorsements

By Dilpreet Kaur

Celebrity endorsements and sponsorship are a key element of many brands’ marketing strategies. While it’s by no means a new phenomenon, today the prac...

Luxury wine distributor secures major IP victory in China

By Mohit Pasricha

Treasury Wine Estates (TWE), an Australian-based global wine distributor, secured a landmark victory in respect of the right to use the ‘Ben Fu’ trade...

Labour and employment challenges faced by the Brazilian luxury industry

By Sólon Cunha ,José Daniel Gatti Vergna

Brazil’s political and economic crisis is far from finished, but the forecast looks optimistic for companies and entrepreneurs.

New general data protection regime: The countdown has started, will you be ready?

By Gwendoline Davies ,Vikki Hoyle

With less than 15 months to go until the new EU General Data Protection Regulation (GDPR) takes effect on 25 May 2018, Walker Morris’ Gwendoline Davie...

Brexit and its impact on design rights for luxury brands in the UK

By Evie Kanagasooriam

In light of the UK’s decision to leave the EU in last year’s referendum, it's well worth predicting -- or at least thinking about -- what Brexit will...

Marijuana: The next luxury frontier?

By Kat Higgins

Luxury entrepreneurs are hoping to propel America’s burgeoning market for marijuana products and paraphernalia to new highs.

LVMH to unite luxury brands under an e-commerce platform

By Kat Higgins

Luxury brand owner LVMH is lining up to become a major player in the blossoming luxury e-commerce market.

The case for strong trademarks in the Brazilian luxury industry

By Júlio Regoto ,Felipe Bueno

The last two years were very challenging for Brazil. The country faced several changes in the political, social and economic landscapes. All sectors a...

Brexit delivers boost to the American shopper spend in the UK

Traditionally, U.S. tourists enjoy shopping when they travel abroad. According to a report by UNWTO, the World Tourism Organization, in 2014 U.S natio...

Tynwald to legislate on beneficial ownership in 2017

By Adam Killip

2017 already looks like being a busy year for Tynwald, the Island’s parliament, but one of the most important bills likely to be introduced into the H...

New anti-fraud law lands in the United Arab Emirates

By Melissa Murray ,Shannon Rogers

A new law aimed at combating commercial fraud and the importation of counterfeit goods (Federal Law No. (19) on Combating Commercial Fraud) was issued...

Accessing luxury in the sharing economy: legal issues

By Alan Hunt

With London Fashion Week recently drawing to a close, luxury clothing is at the front of centre of minds. The designer clothing that paraded down the...

Key antitrust enforcement trends in the fashion industry in Europe

By Francesco Carloni ,Alessandro Di Mario

With the growth of the Internet as a distribution channel, the question of what kinds of restrictions companies can include in their distribution agre...

'Care, Collaborate and Create': Kering Group unveils new sustainability strategy

By Kat Higgins

French luxury holding group Kering is stepping up sustainability efforts across its 16 top-tier brands – among them, Gucci, Stella McCartney and Balen...

Chinese shoppers have regained their appetite for luxury brands

By Kat Higgins

China’s luxury goods market is showing signs of growth for the first time since the beginning of President Xi Jinping’s austerity and anti-corruption...

Implications of Brexit for trade mark licensing in the European Union

By Nick Aries

In this bulletin, Bird & Bird IP partner Nick Aries considers what will happen to EU Trade Marks (EUTM) once Britain eventually withdraws from the EU....

‘Instabuy’: the power and pitfalls of instant shopping

High-end fashion brands may get protection from copycats as runway shows move towards 'see now, buy now, says Brand Protection expert Dilpreet Kaur at...

3D printing – a risk or an opportunity for the fashion industry?

The fashion industry need to wake up to the risks as well as the opportunities of 3D printing, say Eddie Powell and Michael Beaber of Fladgate LLP.

Introducing the 2017 Luxury Law Summit...

This year's event in London on 16 May will see luxury founders, CEOs and executives gather in London to discuss challenges and opportunities in a fast...

De Beers claims victory in domain name piracy dispute

By Evie Kanagasooriam

Luxury jeweller De Beers has defeated an individual who registered the domain name, one of the new Global Top Level Domain name regis...

Brexit heralds a new era of Tax Free Shopping in the UK

Tax Free shopping is growing in the UK, helped by the Brexit vote and the weaker pound - leading to demands for a bespoke service for elite tax-free g...

Vox Pop: Top predictions for luxury law in 2017

By Kat Higgins

What are leading figures in luxury hoping for, expecting from or fearing in 2017? We asked several of our Luxury Law Alliance members to give us their...

Insight: Brazilian anti-money laundering law and Luxury Goods Traders

By Paola Lorca ,Renato Portella

Mattos Filho attorneys Paola Lorca and Renato Portella unpack the implications of Brazil's anti-money laundering legislation for luxury traders in the...

Big data the key to cracking down on counterfeiting, says Alibaba

By Kat Higgins

An innovative joint operation between e-commerce giant Alibaba and Chinese law enforcement agencies last year managed to shut down 417 counterfeit pro...

Maritime Labour Convention introduces new rules on financial security

By Adam Ramlugon

On 18 January 2017, amendments to the Maritime Labour Convention will come into force that introduce a financial security 'safety net' for crew.