Lux Juris | Fashion & Luxury Law

Paul Smith vs. Judy Stabile: Stripes, Patterns, and Copyright For those interested in stripes, patterns, and intellectual property, this old case is worth a look. Paul Smith and The Rug Company were accused of copying Judy Stabile’s painting Extrapolations #3 for their "Carnival Rug", both featuring stripes. However, the court found that Stabile couldn’t prove Paul Smith had access to her work, and the designs, though similar, weren’t close enough to qualify as infringement. While Adidas fights for its stripes, this case makes one thing clear: not every striped pattern is an infringement. Without concrete evidence, a claim simply doesn’t stand. Read the full article here: https://lnkd.in/eM-B5Sum #Fashionlaw #Copyright #Infringement

Public Domain, but Not Free: Uffizi’s Case Against Gaultier In 2021, the Uffizi Galleries filed a lawsuit against Jean Paul Gaultier for using Botticelli’s "The Birth of Venus" in his collection. While the painting is in the Public Domain, Italy’s cultural heritage laws require permission for its commercial use, adding an additional layer of regulation. While a work may be in the Public Domain, Italy's cultural heritage laws still impose restrictions. So, even with no copyright, does it still require permission under these laws, or can it be freely used? Read the full article here: https://lnkd.in/gGPcpmm4

Christian Louboutin’s red sole has become synonymous with luxury, but its trademark protection has faced significant legal challenges. In Japan, a court ruled the red sole wasn’t recognized as a brand symbol, focusing on local consumer perception. In France, the red sole trademark was invalidated due to registration flaws and inconsistent color descriptions. These rulings raise important questions about protecting design elements that mix function and aesthetics. Can a brand truly own a feature like the red sole, or is it simply part of the design? Read the full article here. https://lnkd.in/e742DSQU

In a recent ruling the Paris Court of Appeals found in favor of Chanel, affirming the distinct economic value of its iconic bicolor slingback heels. The case addressed allegations of parasitism, wherein Jonak was accused of exploiting the goodwill and reputation of Chanel for its own profit by manufacturing and distributing similar bicolor slingback shoes. This ruling not only benefits Chanel but also establishes a precedent in France that encourages brands to prioritize the protection of their intellectual property and maintain their mage in today's highly competitive fashion industry. Read more at Lux Juris: https://lnkd.in/euZ67wx4 #LuxuryFashion #FashionLaw #BrandProtection

Louis Vuitton Wins Trademark Case Over Unauthorized Refurbishment The Patent Court of Korea recently ruled that a bag repairer must pay 15 million won ($10,745) in damages to Louis Vuitton Malletier for altering Louis Vuitton bags without permission. The alterations misled consumers into thinking the bags were original, violating Louis Vuitton’s trademark rights. This case illustrates the importance of protecting brand integrity, especially as the refurbishment market grows. While minor repairs are acceptable, major changes that affect a product’s authenticity can lead to trademark infringement. Brands and refurbishers must ensure alterations don’t mislead consumers or damage brand identity. Read the full article for more details: https://lnkd.in/ghTGnXDw #Fashionlaw #Luxurylaw #Trademark #Law

Assos vs. ASOS Swiss cycling brand Assos has sued ASOS in the UK, building on their history of trademark disputes. In 2016, the two companies settled a similar case, with ASOS paying £20.2 million. Will this new lawsuit result in another settlement, or is there more at stake? For those interested, the 'Spotlight' on this story is on Lux Juris website, where you can find a bit more information. https://lnkd.in/gAfxkNmq #Fashionlaw #Asos #Assos

I have noticed many of you have been checking out the 'Contribute +' page on the website. I take it as a sign that some of you may be interested in contributing articles but might be limited by time constraints. Just a reminder, the inbox for this page is always open. You’re welcome to contribute in any way that works for you, whether it’s sharing ideas, suggesting article topics, or submitting articles if you would like. The site’s traffic continues to grow steadily, which is a great sign, and the engagement levels are strong. If you have any questions, feel free to reach out! #LuxJuris #Luxury #Fashionlaw

AI tools can verify sneaker authenticity with up to 95% accuracy. But when it comes to perfumes, this same technology isn’t used to establish legal protections. While A.I can identify and authenticate unique fragrance profiles, it is not yet recognised as evidence for granting copyright protection. Just as AI verifies genuine sneakers, it could help establish the uniqueness of a perfume’s scent, offering perfumers the legal protection they deserve. Read on to see why perfumes deserve the same level of recognition. https://lnkd.in/gurC3btT #PerfumeProtection #AI #CopyrightForPerfume #LuxJuris

Burberry, Manolo Blahnik, and Moncler: Overcoming China’s Trademark System China’s trademark system presents challenges for foreign brands. The cases of Burberry, Manolo Blahnik, and Moncler highlight how trademarks are enforced in China and the risks brands face, particularly under the ‘first-to-file’ system. These cases also remind us of the importance of registering trademarks early to protect brand rights in markets like China. Read the full article to learn how these brands tackled trademark issues in China: https://lnkd.in/gkpVQTfR #Fashionlaw #Luxurylaw #Trademark #IP #LuxJuris

Reclaiming a Legacy: How Manolo Blahnik took on China’s trademark system In 1999, a third party registered the name "Manolo & Blahnik" in China, blocking the brand from using its own name in one of the world’s largest markets. Despite years of legal challenges, it wasnt until 2022 that the company finally secured the rights, with the Supreme People’s Court ruling the original registration was in “bad faith.” This case sheds light on the complexities of China’s “first to file” trademark system, where the first to register a name holds the rights, regardless of who used it first. For brands planning to expand into China, this case is a reminder to protect trademarks early to avoid costly and lengthy disputes. Read more on how Manolo Blahnik reclaimed its name: https://lnkd.in/gH4gM9Vm