Importance of brand for fashion retailers

Аashion trends change at the speed of light, offering affordable and accessible clothing and accessories to consumers worldwide. However, the convenience and affordability of fast fashion come at a price for many luxury brands, who often find themselves battling issues like trademark infringement. One such legal battle has recently come into the spotlight, as the renowned luxury label Chrome Hearts takes on fast-fashion giant Shein. Chrome Hearts has filed a lawsuit, accusing Shein of trademark infringement and unfair competition, claiming that this has resulted in significant financial and reputational harm.

Footwear giant Skechers has found itself embroiled in yet another trademark dispute, this time against fellow shoemaker Steve Madden. The legal battle centers around Skechers' well-known "S" logo, which the company claims has been infringed upon by Steve Madden's use of a similar mark on its "Kennie" sneaker.

“I wanted to make sure that when our customers see the Citron brand, they could be confident that it offered the quality they depended on.” Read the whole story of Citron from the perspective of its Founder & CEO, Sara Chemmaa, and learn how Trama protects this inspiring brand for kids and families who want to have stylish and functional mealtime products that get the job done.

Trademark laws are designed to protect the intellectual property rights of individuals and businesses, regardless of their size or influence in the marketplace. This means that even a small business can take legal action to defend their trademark rights against bigger brands if they believe that their trademark has been infringed upon.

Trademark protection is crucial for companies to safeguard their brand identity, reputation, and prevent consumer confusion. Well-known brands often take proactive measures to monitor and enforce their trademarks and prevent others from using similar marks that could cause confusion among consumers. Contrary to its reputation when it comes to trademark enforcement, Adidas recently withdrew its trademark opposition against Black Lives Matter Global Network Foundation.

With its long-awaited decision in the Hermès International v. Mason Rothschild case, the jury found that an artist’s nonfungible tokens of Hermès’ iconic Birkin bags violated the luxury fashion house’s trademark rights. This case raises interesting questions about the scope of trademark protection and trademark law in the current digital age and in light of emerging technologies.

Adidas is currently pursuing legal action against an American luxury fashion designer Thom Browne, in particular against the designer's use of four-stripe designs on his clothing. "Three-Stripes" is undoubtedly one of the most prominent designs associated with Adidas by consumers, but does it also enjoy trademark protection?

Within fashion, quotation marks are immediately associated with Virgil Abloh and his Off-White brand, which uses them as a graphic-decorative element, creating clothing items with a sense of irony towards the rules of fashion itself. The use of quotation marks, however, is not the exclusive property of the brand on a commercial level and will never be, as it “merely describes a feature and purpose of goods,” according to the USPTO. Can Virgil challenge this claim and obtain trademark ownership of universally known symbols such as quotation marks?

In recent years it has been increasingly difficult even for well-known fashion houses to register their trademarks as public consumers are exposed to an abundance of design forms. Even Dior’s iconic saddle bag is not distinctive enough to diverge from the norm of rejected marks, as the recent EUIPO ruling proves.

On July 12, 2022, the Japan Patent Office (JPO) dismissed an opposition claimed by Italian fashion house Gucci against trademark registration for the term “CUGGL” with a hand-painted line in pink by finding less likelihood of confusion with famous fashion brand “GUCCI”. This case highlights the ongoing issues of insufficient measures against counterfeiting within Japanese IP Laws. But the situation is likely to change soon.