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Fashion Intellectual Property Rights
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Fashion Law
Fashion law encompasses issues from intellectual property to employment within the fashion industry. Example in Fashion: Litigation over the unauthorized use of a patented shoe design.
Trade Dress
Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers. Example in Fashion: The layout and decor of an Abercrombie & Fitch store.
Trade Secret
A trade secret is any confidential business information which provides a competitive edge. Example in Fashion: The recipe for a fabric dye used exclusively by a designer.
IPR Enforcement
IPR Enforcement involves taking legal action to protect and assert one's intellectual property rights. Example in Fashion: A brand taking a counterfeiter to court over fake merchandise.
Artistic Works
Artistic works in the fashion industry are works that are intended to be appreciated primarily for their beauty or emotional power. Example in Fashion: An ornate, one-of-a-kind haute couture dress.
Utility Patent
Utility patents protect new inventions or functional improvements on existing products. Example in Fashion: A new type of breathable waterproof fabric technology.
Unfair Competition
Unfair competition laws prevent misleading, deceptive, or unethical practices that harm other businesses or consumers. Example in Fashion: A company copying the style of another brand's advertising to confuse consumers.
Moral Rights
Moral rights protect the personal and reputational value of a work for its creator. Example in Fashion: The right of a designer to be credited for their work and to object to distasteful modifications.
Certification Mark
A certification mark is a sign indicating that the goods or services comply with certain standards. Example in Fashion: The 'Woolmark' logo certifying the content and quality of wool in products.
Copyright
Copyright protects original works of authorship, such as artwork, literature, and music. Example in Fashion: Unique fabric patterns or original graphic t-shirts designs.
Design Patent
Design patents protect the unique visual ornamental characteristics of an item. Example in Fashion: The unique design of Adidas' Stan Smith shoes.
Industrial Design Rights
Industrial design rights protect the form, appearance, style or design of an industrial object. Example in Fashion: Protection of the three-dimensional shape of a handbag.
Parallel Imports
Parallel imports are non-counterfeit products imported from another country without the permission of the intellectual property owner. Example in Fashion: A retailer importing genuine branded watches intended for another market.
Fashion Design Legislation
Legislation specific to the protection of fashion design. Example in Fashion: A proposed bill aiming to give a three-year design protection to fashion designs.
Geographical Indications
Geographical indications are signs used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. Example in Fashion: 'Champagne' for the sparkling wine from the Champagne region in France can be extended to products like textiles from a renowned location.
Trademark
A trademark protects brand names, logos, and slogans used to identify and distinguish products or services. Example in Fashion: The Nike 'Swoosh' logo.
Fashion Licensing
Fashion licensing is the process of renting the right to use copyrighted designs, logos, or names from the owner to another party. Example in Fashion: A designer allowing a retailer to use their patterns for a clothing line.
Co-branding Agreements
Co-branding agreements involve partnering of two brands to create collaboratively products that feature both brands. Example in Fashion: A luxury fashion brand partnering with a sportswear company to create a new sneaker line.
Collective Mark
A collective mark is used by members of an organization to identify their goods or services and indicate membership in the group. Example in Fashion: A logo used by a consortium of eco-friendly apparel companies.
Counterfeiting
Counterfeiting involves the production of imitations of goods to be passed off fraudulently as genuine. Example in Fashion: Fake luxury handbags that bear the logos of well-known high-end brands.
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