News & Features

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.