Law à la Mode: 10 tips when licensing a brand; a new provision for trademark parody; and more

INTA Special

Law à la Mode Series

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The French editorial team is delighted to bring you this special edition of Law à la Mode, marking the 138th INTA Annual Meeting in Orlando.

The focus for this special edition is the European Union trademark reform, which is the most significant reform since the introduction of the Community trademark system in 1996. The recently adopted European Trademark Directive and Regulation will bring substantial changes not only to Community trademarks (now called European Union Trademark, EUTM) but also for owners of national trademarks in the EU.

Read a selection of articles below, or download the full Law à la Mode as a pdf.

We hope you enjoy this edition of Law à la Mode. If you have any comments, please get in touch with the Fashion, Retail and Design group via our email address: [email protected].

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In this issue

  • Ten tips to consider when licensing a brand
    24 May 2016

    Fashion brands are recognized and loved by consumers for their ingenuity and innovative approach to apparel and accessories. Loyal consumers gravitate to high-quality products produced by a fashion brand and are eager to acquire these exclusive goods. Once earned, consumers’ enthusiasm, loyalty, and trust are powerful factors that drive the profitability of the enterprise.

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  • Whose name is it anyway?
    24 May 2016

    Designing under your own name is a natural, even intuitive choice for many designers and is an established practice in the fashion industry. To protect their brand, designers often register their own name as a trade mark. Associating your own name with your designs has many advantages, but it is also important to understand that your trade mark, incorporating your name, is also a commercial asset. Losing the rights to that asset (through corporate restructuring, insolvency, or assignment) can be costly to a designer.

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  • A new provision for trademark parody - is it a joke?
    24 May 2016

    A number of fashion players base their business on the very thin line running between tribute and misappropriation. In this context, it is difficult to understand how quotations of wellknown fashion trademarks made with humorous intent should be treated, especially as European Union legislation has not provided any guidance on the parody fair use defence – at least, up to now.

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