Intellectual property exists in many industries, if not in every one, and fashion is no exception. Each brand is built not only on clothes and accessories, but on its name, by which customers recognize it again and again. Apart from that, the distinctive look and feel of a product or even a retail space can also be protected by intellectual property law. In addition, unique patterns and graphic prints might also be covered. In this article, we will explore the patchwork of intellectual property rights that exist in the fashion industry and what measures can be taken to protect them from copycats and counterfeiters.
Trademarking Brand Names & Company Names
First of all, let’s start with the actual brand name which is protected by trademark law. When hearing a name, for example, Ralph Lauren, the customers tie it with a certain image in their head. So it is not just a label, it is information about origin, reputation and style. A trademark gives the owner the right to use that name in connection with specific goods or services exclusively. Generic and merely descriptive names would not qualify for protection, so it should be distinctive. While registering the trademark with the U.S. Patent and Trademark Office (USPTO) is not mandatory, such registration may strengthen legal rights, making it easier to stop counterfeiters. You can get more precise information on this by consulting with the trademark attorney.
The trademark should not be confused with the owner company name, since major fashion corporations own multiple brands and their names absolutely can differ. For example, Tapestry Inc., an American company, is the owner of three large brands: Coach New York, Kate Spade New York and Stuart Weitzman. Customers are usually more familiar with the trademarks than with the owning entities' names.
While the brand name is usually protected by a verbal trademark, the logo on the other hand is protected by a visual trademark. Many famous logos are trademarked, for instance, Chanel interlocking double-C logo or Gucci interlocking double-G logo. There is also an option to file an application for a combined trademark, meaning such application includes both verbal and visual elements.
Trademarking Your Brand
A trademark attorney can consult you on what type of trademark would be most beneficial for your brand. Another captivating aspect is the trade dress which also works as a brand identifier for customers, yet this one acts in a more subtle way. A showcase example of the registered trade dresses can be the red bottoms of high-end footwear for women by Christian Louboutin. Another example is the distinctive design and specific blue color of Tiffany & Co.’s iconic packaging. Both show how consumers have come to associate the overall look directly with the brand.
The design of a product, its packaging, or other unique features can be granted trade dress protection by the USPTO. In order to be registered as a trade dress, the element (packaging or design features, for example) should be distinctive but non-functional. The latter means that it cannot be connected with the functionality of use of the product. For example, the mesh part of the hat that is designed for ventilation will be considered a functional feature. Competitors must be allowed to use functional features freely, even in case of their distinctiveness.
Copyright Law in Fashion
Last but not least, let's discuss elements protected by copyright law in the fashion industry. As mentioned above in this article, textile designs, graphic prints and photographic works are within this scope. Patterns, motifs and fabric prints, as well as graphic prints and illustrations, are considered original creative expressions (but only if they show a sufficient degree of creativity, in other words, if they are beyond basic or common patterns). You can even copyright artwork printed on clothing pockets, as long as the design is original and is conceptually separable from the garment. Please note that copyright protection does not apply to clothing designs as a whole. The photographs of fashion goods, for example, used for promotion of fashion brands, are considered original works of authorship and therefore are eligible for copyright protection.
Protection of intellectual property rights plays a significant role in the fashion industry, where uniqueness helps a brand stand out, attract customers, and stay competitive. A knowledgeable trademark attorney or copyright attorney can help the brand grow by creating a tailored protection strategy and consulting the brand on various aspects of IP law.
