Ms. Emanuela Bianco Mrs. Valerio Capasso European Fashion Law - A Practical Guide from Start-up to Global Success Ms. Emanuela Bianco Mrs. Valerio Capasso 1 1

INTRODUCTION Fashion law is a legal field encompassing issues that arise throughout the life of an article of clothing or a fashion accessory. 2 2

The importance of IP rights in the Fashion Industry IP rights are one of the most harmonized sets of law worldwide, they provide fairly consistent protection over trade origin, creative works, inventions and to a less consistent extent, product design. 3 3

IP METRO fonte EUIPO 4 4

TRADE MARKS In an economy where most goods and services come from competing enterprises, trade mark owners typically use their marks to distinguish their products and services from the others on offer. 5 5

Trademarks can be words or figurative… … name of person … 6 6

…letters and/or numbers … 7 7

Quirky trademarks ….. sounds, olfactive, movement… 8 8

In the fashion industry the role of the shape marks are strategic … 9 9

A trademark could consist of colours and their combinations … 10 10

SHAPE MARKS A shape mark consists of, or extends to, a three-dimensional shape. It can include containers, packaging, the product itself or its appearance. 11 11

Pattern mark A pattern mark consists exclusively of a set of elements which are repeated regularly. 12 12

Position Marks A position mark consists of the specific way in which the mark is placed on or affixed to the product. 13 13

Longchamp c. EUIPO Longchamp’s shape trade mark 14 14

Fendi c. EUIPO Fendi’s Double Baguette trade mark application Fendi’s Peekaboo Bag trade mark application 15 15

Social Media Social Media is the key to build reputation or if handled badly to brand destruction. 16 16

Hashtags Hashtags are increasingly being registered as trade marks. 2016 saw a major uptick 64% in registrations of hashtags as trademarkswith around 2.200 trade mark applications globally (wipo magazine). HASHTAG may be registered as a trade mark if they have a wording function as a trade mark – as an indicator of the origin of the goods or services offered or sold under the hashtag. 17 17

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