Fashion and Apparel

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Fashion and apparel law that protects your designs and brand, closes licensing and retail deals, and tackles counterfeiting, built for an industry where design cycles move fast and IP protection has to move faster.

Fashion and apparel sit in an awkward spot for intellectual property. Design cycles turn over in months, manufacturing and distribution span the globe, and the protections that work for other products often fall short. We counsel fashion houses, apparel companies, and accessory and luxury brands on building IP strategies that fit how the industry actually operates, not how the textbook assumes it does.

Protecting Designs and Patterns

Protecting a design takes more than one tool. We advise on design patents for distinctive product shapes, trade dress for the look and feel that signals your brand, and copyright for original textile and surface patterns. We coordinate international design registration so protection follows your products into the markets where they sell and the markets where they get copied first.

Brand Building and Trademarks

In fashion, the name and logo often carry more value than any single garment. We build trademark portfolios that cover your house marks, sub-brands, and signature elements, file across the classes and countries that matter, and watch for conflicting filings. We also clear new marks before launch, so a collection does not ship under a name that draws an opposition or an injunction.

Fighting Counterfeits

Counterfeiting is a constant in fashion, especially online and across borders. We build enforcement programs that combine customs recordation, marketplace takedowns, and targeted investigations into the sellers behind the listings. When the situation calls for it, we pursue counterfeiters in court, going after the operations that fuel the fakes rather than chasing individual knockoffs one at a time.

Frequently asked questions

Protection is real but limited and depends on the element. Useful articles like garments get thin copyright protection, but original surface prints and graphics can be copyrighted, distinctive ornamental designs can be covered by design patents, and your brand name, logo, and signature trade dress are protectable as trademarks. The strongest strategy usually combines these so you cover the print, the look, and the brand rather than relying on any single one.

Prioritize the assets that protect quickly and last: trademark and trade dress protection for the brand elements that recur season to season, and copyright registration for original prints, which is fast and inexpensive. Design patents protect ornamental designs but take longer, so reserve them for signature pieces with staying power. Build a repeatable filing routine into each season's launch so protection moves at the speed of your line.

Define the licensed marks and products precisely, set quality-control standards and approval rights, fix territory and term, and tie royalties to clear reporting with audit rights. In trademark licensing, failing to control quality can actually weaken or forfeit your mark, so oversight isn't optional. Also address what happens to inventory and rights at termination so a former partner can't keep selling under your name.

Register your trademarks, record them with customs to intercept shipments, enroll in online marketplace brand-protection programs for fast takedowns, and pursue the larger sellers and suppliers directly. Counterfeiting in fashion is high-volume, so an automated, ongoing enforcement process beats chasing listings by hand. Going after suppliers and repeat sellers, not just individual listings, is what actually shrinks the problem.

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