Fashion – Fashion Law Journal https://fashionlawjournal.com Fashion Law and Industry Insights Thu, 17 Apr 2025 06:31:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.8 https://fashionlawjournal.com/wp-content/uploads/2022/03/cropped-fashion-law-32x32.png Fashion – Fashion Law Journal https://fashionlawjournal.com 32 32 The Ultimate Guide to Building a Timeless Capsule Wardrobe https://fashionlawjournal.com/the-ultimate-guide-to-building-a-timeless-capsule-wardrobe/ https://fashionlawjournal.com/the-ultimate-guide-to-building-a-timeless-capsule-wardrobe/#respond Thu, 17 Apr 2025 06:31:17 +0000 https://fashionlawjournal.com/?p=9829 If you’ve ever looked at your overflowing wardrobe and thought, I have nothing to wear, you’re not alone. The secret to effortless, always-put-together style isn’t about having more clothes. It’s about having the right clothes. That’s where a capsule wardrobe comes in.

A capsule wardrobe is all about versatility, quality, and timeless appeal. It’s a carefully curated collection of pieces that mix and match seamlessly, making outfit planning a breeze. Whether you’re heading to brunch, the office, or a last-minute dinner date, your wardrobe should work for you, not against you.

So, where do you start? With the basics.

1.   Build on the Basics

Every timeless wardrobe starts with quality essentials. These are the pieces that you’ll reach for time and time again, the foundation of your style. Think:

  • A crisp white button-down (effortlessly chic, no matter the season)
  • The perfect pair of jeans (find a fit that flatters and never let it go)
  • A tailored blazer (because nothing says, ‘I’ve got my life together’ like a well-cut blazer)
  • A classic trench coat (an investment that will last for years)
  • A little black dress (because obviously)

The key here? Fit and fabric. Choose pieces that are well-made and flattering. Trust me, you’ll notice the difference.

2.   Add Versatile Statement Pieces

Once you’ve nailed the basics, it’s time to add a splash of personality. A capsule wardrobe doesn’t have to be boring! It should reflect you!

Think about:

  • A structured handbag that goes with everything
  • Gold jewelry that adds a touch of elegance to the plainest of outfits
  • A silk scarf (tie it around your neck, your wrist, or your handbag—instant chic)
  • A pair of killer heels or luxe flats that makes every step feel intentional

These subtle but impactful touches are what take an outfit from ‘just okay’ to effortlessly stylish.

3.   The Power of a Signature Scent

Style isn’t just about what you wear—it’s about the way you present yourself. The way you carry yourself, your confidence, and yes, even your fragrance.

A signature perfume is just as essential as a classic blazer or a go-to handbag. It should reflect you—timeless, refined, and truly original. Whether you want something rich and sophisticated or light and fruity, the best Amouage perfumes for women have you covered.

Think of your perfume as the finishing touch to your outfit—the detail that lingers in people’s minds long after you’ve left the room.

4.   Invest in Quality Over Trends

The goal of a capsule wardrobe isn’t to chase trends—it’s to build a collection of timeless pieces that stand the test of time. Instead of impulse-buying trendy items that won’t last beyond the season, focus on quality over quantity.

Look for classic silhouettes, neutral colors, and luxurious fabrics that feel amazing to wear—your future self (and your wardrobe space) will thank you.

Final Thoughts: Simplify, Elevate, Repeat

Creating a capsule wardrobe isn’t about restrictions—it’s about curation. With the right essentials, a few statement pieces, and the perfect finishing touches (like the best Amouage perfumes for women), you’ll never have to stress about what to wear again.

Because when your wardrobe works for you, getting dressed becomes effortless. And honestly, isn’t that what we all want?

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Different types of hairstyles to match a different prom dress style https://fashionlawjournal.com/different-types-of-hairstyles-to-match-a-different-prom-dress-style/ https://fashionlawjournal.com/different-types-of-hairstyles-to-match-a-different-prom-dress-style/#respond Mon, 07 Apr 2025 09:34:42 +0000 https://fashionlawjournal.com/?p=9796 Prom can be one of the most stressful moments of your life, even if the event itself should be fun and make memories for the future. Choosing a dress that fits your body shape, buying comfortable shoes, and picking all the right accessories can be exhausting. On top of that, you need a hairstyle that matches the dress and is wind-proof in case the weather starts to act up. 

Of course, that gets more complicated as you allow it to be. For example, not all types of hair can be transformed into certain hairstyles despite the amount of hair mousse you put in your hair. Usually, you’d have something between fine and thick hair, but these two categories can expand, so you’d have to figure out porosity and other factors before choosing the most appropriate hairstyling products. 

But don’t worry, because you can make things simple if you only take a look at your outfit. So, let’s see what some of the best hairstyles are for different prom dresses and accessories. 

Evening gowns 

The gown dress style is one of the most common for events like a prom, as it balances comfort with beauty. The long ball gown is usually embellished with intricate designs, but it can also be simple. The fitted bodice will be accompanied by different types of necklines, whether strapless or off-the-shoulder. 

The hairstyle could be as sophisticated, so you could try a classic chignon or a low bun that makes the final look more lavish. With the appropriate jewelry, including a necklace and bracelets, you can become the Prom Queen in no time. These gowns can also match soft curls that complement the dress and your body type, but you must use the right products to avoid frizz. 

One-piece dresses 

One-piece dresses tend to be less extraordinary and more comfortable, but that doesn’t make them inappropriate for an event such as prom. They usually include cocktail dresses or A-line dresses suitable for most body types. 

Considering they’re sleek and simple, you can approach similar hairstyles, so if the hair allows it, try a high ponytail for a sharp look. With enough bobby pins, hairspray, and enough patience, you can do it at home. If the dress is a bit tighter, you can try a casual blowout, especially for thinner hair, to offer more volume and attract looks to the upper part of your body. 

Traditional dresses 

Traditional prom dresses might involve cultural motifs and a cultural richness among their details, so it’s time to go all in with a special hairstyle. Woven braids decorated with ornaments can reflect your heritage, which will surely be part of some of the most beautiful prom pics ever. 

If you’re not specialized in braids, you could simply do a polished bun accompanied by classic accessories that match your dress. Some of the best colors for accessories include red and blue, but this depends solely on your culture. 

Shoulder dresses 

Shoulder dresses are perfect for highlighting your neckline and shoulders, and with the right hairstyle, you can accentuate your features. However, an off-shoulder dress might not be the best decision for petite girls or those with a rectangular body type because it accentuates these features instead of emphasizing them.

Regardless, shoulder dresses go well with a side-swept hairstyle, and it can be anyhow you like, whether braided or curls, but it has to cover the other shoulder asymmetrically. Or, you could choose a half-updo with waves that frame your face and cover what’s enough to allow the neckline to show. 

High neck dresses 

The flattering high-neck dress might be best for girls with longer necks who don’t want to feel self-conscious about them. Crewnecks and halters offer balance in this case, but you must choose your hairstyle carefully so as not to ruin the opportunity to look glamorous. 

A sleek bun or smooth ponytail should do the trick, as they don’t overcrowd the chest space too much. Depending on the type of high-neck dress, you could also do some braided crowns or loose waves. When it comes to jewelry, a necklace is usually not recommended, but rather long earrings and bracelets that even out the whole outfit. 

Backless dresses 

Backless dresses are some of the most elegant and can effortlessly highlight muscles. They have a dramatic effect on your outfit even without any accessories, but you can enhance that with the right hairstyle. A sleek updo or a sophisticated bun offers enough visibility into your back and creates an elegant sight. 

If your hair is shorter, you can opt for simple loose waves that fall over your shoulders. This is best for a romantic look, especially with additions like a back necklace and some dreamy earrings. Make sure you choose the right length for the backless dress according to your height to truly make an impact on the prom dance stage. 

Midi dresses 

If you’re not into long and elegant dresses, and short ones are usually out of the question at prom, you can choose a midi dress with various lengths that make you feel comfortable. Midi dresses are fabulous for those who love a bit more of a casual look but still have to fit in within the guidelines. 

You can make the outfit look more sophisticated with hairstyles like a French braid on the crown that you can accessorize with flowers, pearls, or metallic jeweled clips. Or, you could simply let your hair down in beachy waves if the dress is more colorful or a textured lob for a more serious look. 

Are you ready for prom? 

Prom is one of the most important parts of your life. It is where you look amazing while having fun with friends and colleagues. However, the pressure of being flawless is crushing, so make sure you’re not overanalyzing it or stressing out because you will look amazing otherwise. You can achieve the perfect look if you pair your outfit and accessories with the right hairstyle that balances certain aspects, such as your neckline with the length of the dress or the neck exposure.

 

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The Sneaker Boom: How They Became the Ultimate Fashion Statement in 2025 https://fashionlawjournal.com/the-sneaker-boom-how-they-became-the-ultimate-fashion-statement-in-2025/ https://fashionlawjournal.com/the-sneaker-boom-how-they-became-the-ultimate-fashion-statement-in-2025/#respond Sat, 29 Mar 2025 12:47:09 +0000 https://fashionlawjournal.com/?p=9772 In 2025, sneakers have solidified their position as the ultimate fashion statement. Their appeal is undeniable, with styles ranging from nostalgic retro designs to sleek suede finishes and eye-catching metallic accents. High-top silhouettes are back, vibrant hues are adding bold splashes of color, and the mix of comfort and style is more evident than ever. Whether you’re pairing them with denim, skirts, or dresses, sneakers are now a wardrobe essential. In this blog, we’ll explore how these versatile shoes have transformed into a must-have for fashion enthusiasts in 2025.

The Rise of Retro: Nostalgia-Driven Designs Take Center Stage

The influence of retro sneakers is undeniable, with many embracing the vintage aesthetic in 2025. From classic designs like the Adidas Samba to the Nike Air silhouettes, these shoes capture the essence of nostalgia.

Retro Sneakers and Their Timeless Appeal

Retro sneakers are making a huge impact this year. With gummy soles and vintage designs, they evoke a sense of timeless style. As fashion-conscious consumers seek out a blend of history and modernity, these sneakers tick all the boxes. Whether you’re opting for sleek black and white or bolder hues, retro sneakers are a versatile choice for everyday wear.

One iconic example is the New Balance 992 a sneaker that has captured the hearts of sneakerheads and fashionistas alike. Its perfect balance of performance and style makes it a top contender in the retro sneaker category for 2025, offering both comfort and timeless design.

Sleek and Sophisticated: Suede Sneakers for Elevated Style

Suede sneakers are a major trend for 2025, offering a refined look that elevates casual style. Whether they’re vintage-inspired or sleek and modern, suede sneakers are everywhere this season.

Vintage-Inspired Suede Runners

Suede runners, inspired by styles from the ’70s and ’10s, are dominating the scene in 2025. These shoes blend earthy tones with vintage vibes, perfect for pairing with flowing skirts or wide-leg trousers.

Celebrities Sporting Suede

Celebrities like Kendall Jenner and Gigi Hadid are helping to push suede sneakers into the spotlight. These influencers sport them in chic and versatile ways, seamlessly incorporating them into high-fashion looks.

Spring’s Must-Have Material

Suede sneakers are this spring’s standout trend. Their versatility and sophistication make them an easy addition to any wardrobe, elevating casual outfits with ease.

Metallic Mania: Adding Glamour to Casual Footwear

Metallic sneakers are stepping up in 2025, adding a touch of luxury to everyday footwear. The fusion of performance-driven features with metallic aesthetics makes these sneakers both stylish and functional.

High-Top Comeback: The Return of a Classic Silhouette

High-top sneakers are making a significant return this year, with both street style and runway shows embracing the silhouette.

Designer Interpretations

High-tops are enjoying a revival with designer interpretations from brands like Loewe and Stella McCartney. Converse’s Chuck Taylor high-tops remain an enduring classic, loved for their versatility and comfort.

Color Me Bold: Vibrant Hues Dominate the Sneaker Scene

Bold, vibrant colors are taking over the sneaker scene in 2025. Brands like Adidas and Reebok are embracing retro-inspired hues, offering sneakers in shades of orange, blue, and yellow.

Ballerina Meets Sneaker: The Graceful Fusion of Two Worlds

The Mary Jane sneaker trend perfectly blends the grace of ballet flats with the practicality of sneakers. This fusion creates a versatile footwear option suitable for both casual and dressier looks.

Elegant Comfort

These hybrid shoes combine delicate feminine design with the comfort of sneakers. With the iconic Mary Jane strap and sneaker-inspired soles, these shoes offer the best of both worlds.

Versatile Styling

Mary Jane sneakers offer endless styling possibilities, from casual jeans to dressier outfits. Brands like Salomon x MM6 Maison Margiela and Vans are offering stylish interpretations of this trend.

Frequently Asked Questions

How Has the Sneaker Industry Impacted the Global Economy in 2025?

You’ve witnessed the sneaker industry’s explosive growth, generating billions in revenue and creating jobs worldwide. Its influence on fashion and culture is undeniable, driving innovation and shaping consumer trends across the global marketplace.

What Technological Advancements Have Revolutionized Sneaker Design and Production?

You’ve seen 3D printing transform sneaker design, enabling customization and rapid prototyping. AI-powered design tools and robotic assembly lines have streamlined production. These advancements have made sneakers more innovative, sustainable, and accessible than ever before.

How Have Collaborations Between Brands and Celebrities Shaped the Sneaker Market?

Collaborations between brands and celebrities have skyrocketed sneaker popularity. You’ve seen limited-edition designs sell out instantly, driving up resale prices. These partnerships have created a thriving secondary market and turned sneakers into coveted collectibles.

What Role Do Limited-Edition Releases Play in Driving Sneaker Demand?

Limited-edition releases drive sneaker demand by creating exclusivity and hype. They make you feel like you’re part of an elite group when you score a pair, fueling a sense of urgency to buy before they’re gone.

How Have Sustainable Practices Been Integrated Into the Sneaker Industry?

You’ve seen brands embrace eco-friendly materials and production methods to reduce their environmental impact. They’re using recycled and organic materials, minimizing waste, and investing in more efficient manufacturing processes to create sustainable sneakers without compromising style.

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Navigating Las Vegas Legal Pitfalls: When Glitz Meets Real-World Problems https://fashionlawjournal.com/navigating-las-vegas-legal-pitfalls-when-glitz-meets-real-world-problems/ https://fashionlawjournal.com/navigating-las-vegas-legal-pitfalls-when-glitz-meets-real-world-problems/#respond Fri, 28 Mar 2025 05:44:55 +0000 https://fashionlawjournal.com/?p=9764 Las Vegas dazzles with its lights, entertainment, and allure, but beneath the glamour lies a complex web of legal challenges. Issues such as tenant disagreements, personal injuries, and contract disputes aren’t uncommon for locals and visitors alike. Working with a trusted Las Vegas Law Firm in such a fast-paced city can provide the expertise needed to address these high-stakes situations effectively.

The Vegas Illusion vs. Reality

The reputation of Las Vegas often revolves around excitement and indulgence. However, the reality often brings unexpected hurdles:

  • Accidents on the Strip: Crowded sidewalks and busy streets can lead to slips, falls, or car crashes.
  • Tenant Conflicts: From questionable leasing agreements to unfair evictions, renters face challenges navigating state-specific housing laws.
  • Contract Disputes: Whether it’s event planning, a wedding venue, or a vendor agreement, disputes can arise when terms aren’t met.

The glamorous exterior makes it easy to overlook these challenges, but being proactive—and prepared—can prevent situations from escalating.

Three Common Legal Missteps in Sin City

Renting Roulette: Rental Scams and Tenant Rights

Las Vegas sees frequent housing turnover due to its vibrant tourism and business environment, which can result in predatory leasing practices. Renters should watch out for fake listings, misleading lease terms, or hidden fees. Nevada laws allow tenants protections against unsafe conditions or wrongful evictions.

Key steps to protect yourself include:

  1. Reviewing leases carefully before signing.
  2. Researching rental agencies or landlords for legitimacy.
  3. Retaining copies of agreements, payment receipts, and correspondence.

An experienced law firm can guide tenants through disputes or illegal practices and uphold your rights.

The Aftermath of a Night Out: DUIs and Personal Injury Claims

Las Vegas’s nightlife is unmatched, but driving under the influence can lead to serious legal repercussions. Under Nevada laws, driving under the influence carries steep penalties for visitors and residents alike, including fines, license suspension, and even jail time.

Personal injuries, such as car accidents or pedestrian incidents, add another layer of complexity. Here’s what victims need to do immediately after an accident:

  • Gather Evidence: Take photos of the scene, vehicle damage, injuries, and any relevant surroundings.
  • Exchange Information: Get contact and insurance details from all parties involved.
  • Contact Authorities: File a police report to document the incident.

Partnering with local legal professionals can help you navigate claims, handle insurance negotiations, and fight for fair outcomes.

Contract Confusion: Weddings, Events, and Small Business Pitfalls

Las Vegas is the go-to destination for weddings, parties, and business events, but poorly written contracts can cause disputes. Common issues include hidden cancellation fees, unexpected charges, or vendors failing to deliver promised services.

Small business owners also face legal headaches in situations like breach of contract by suppliers or disputes over property leases. Protect yourself by:

  • Carefully reviewing all contracts before signing.
  • Negotiating terms to fill loopholes or clarify vague points.
  • Keeping records of payments, communication, and agreements.

Legal professionals experienced in Nevada statutes can help resolve disputes while ensuring your contracts provide solid protections.

Why Local Knowledge Makes the Difference

Legal matters in Las Vegas often require a deep understanding of Nevada’s unique statutes and Clark County court practices. Attorneys familiar with tourist-heavy areas understand specific nuances such as casino liability, zoning regulations, and state-specific protections.

For example, evaluating liability for an injury inside a Las Vegas casino involves understanding state law, property owner obligations, and intricate insurance policies. With guidance from attorneys who understand the city, clients benefit from strategies tailored to local regulations and conditions.

Steps to Protect Yourself Legally in Las Vegas

Whether you’re living in Las Vegas or just visiting, legal preparation is key. Here are proactive ways to safeguard your rights in difficult situations:

  • Document Everything: Photos, signed contracts, and witness information can serve as critical evidence.
  • Stay Off Social Media: Avoid sharing details of accidents or disputes online, as these can be used against you.
  • Act Quickly: Reach out to legal counsel promptly to prevent mistakes that could weaken your case.

A timely consultation with local legal experts ensures you avoid unnecessary complications and take the right steps toward resolution.

Real Stories: Lessons from the Courtroom

Here are two examples of cases where prompt legal action made a meaningful difference:

Situation Outcome
Rideshare Accident: A tourist sustained injuries in a collision. Legal counsel helped secure a fair settlement from the rideshare service’s insurance company.
Contract Dispute: A small business owner faced losses due to a supplier’s breach of contract. An attorney filed suit, leading to a negotiated settlement that recouped financial damages.

Both cases underline the importance of preparing for the unexpected with the help of experienced legal professionals familiar with local laws.

Prepare for Challenges in a City That Never Sleeps

Las Vegas moves quickly, and so do the legal challenges that can arise here. Being vigilant, documenting agreements, and knowing who to call for expert help can make all the difference when problems hit.

Whether it’s a contract dispute, a rental issue, or an injury claim, ensuring legal protection is smart—and necessary—in such a dynamic city.

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Best Hair Color Choices for Different Skin Tones in Photography https://fashionlawjournal.com/best-hair-color-choices-for-different-skin-tones-in-photography/ https://fashionlawjournal.com/best-hair-color-choices-for-different-skin-tones-in-photography/#respond Wed, 19 Mar 2025 07:52:36 +0000 https://fashionlawjournal.com/?p=9750 Have you ever wondered why some individuals radiate brilliance in photographs while others appear drained? The answer frequently lies in the harmony between their hair color and skin tone. Discovering this perfect balance can elevate ordinary snapshots into captivating portraits. For those not naturally blessed with their ideal shade, utilizing a photo hair color changer can provide visual previews of various options before taking the plunge with permanent dye.

Selecting appropriate hair color transcends merely following popular trends — it requires comprehending what specifically enhances your distinctive complexion. Let’s explore both the scientific principles and artistic elements behind selecting flattering hair colors for various skin tones when capturing those memorable images.

For Fair/Light Skin with Cool Undertones

Pale complexions featuring pinkish or bluish undertones can appear particularly striking with:

  1. Ash blonde variations that minimize unwanted warmth introduction.
  2. Platinum blonde creating bold contrast without diminishing natural coloring.
  3. Cooler brown shades such as mushroom or ash brown providing depth without overwhelming heaviness.
  4. Burgundy or plum tints for those seeking dramatic transformation without harsh results.
  5. Silver or pearl accents that harmonize with inherent coolness.

These cooler-spectrum hues prevent complexions from appearing excessively flushed in photographs. Tools available through RetouchMe allow visualization of these potential colors on existing images before committing to permanent alterations.

Light reflects distinctively across cool-toned hair colors, establishing balanced harmony with fair cool-toned skin that translates exceptionally well through camera lenses.

For Medium Skin with Warm Undertones

Medium complexions featuring golden, peachy, or yellowish undertones blend beautifully with:

  • Golden or honey blonde shades enhancing natural warmth characteristics.
  • Caramel or toffee highlighting techniques creating dimensional depth and luminosity.
  • Rich chocolate browns featuring subtle reddish undertones.
  • Copper or auburn variations that brighten facial features.
  • Golden ombré effects lightening features without overwhelming the overall appearance.

These warm-spectrum hair colors reflect light in ways that render medium skin luminescent in photographic captures. The complementary relationship between these hair colors and warm-toned skin generates natural radiance that photographs exceptionally well.

For Deep Skin Tones

Deeper complexions offer remarkable versatility, supporting both dramatic contrasting elements and subtle enhancement techniques:

  • Rich espresso or blue-black shades for pronounced definition.
  • Vibrant burgundy or merlot red tones capturing light reflection beautifully.
  • Caramel or honey highlights strategically positioned to frame facial features.
  • Deep violet undertones creating fascinating dimensional aspects across various lighting scenarios.
  • Mahogany brown with subtle warmth elements enhancing darker skin tones.

The contrast between deep complexions and strategically selected hair colors generates stunning visual interest in photographic works. For those uncertain about optimal shade selection, RetouchMe provides digital tools for testing various options before salon appointments.

Lighting conditions significantly influence how these combinations translate into images, so testing across various environments ensures satisfying outcomes.

Practical Tips for Testing and Photographing New Hair Colors

Discovering your ideal match involves experimentation and understanding color translation into photographic media. Consider these success strategies:

  • Evaluate potential hair colors under varied lighting conditions — natural daylight, sunset/golden hour, indoor artificial lighting, and flash photography each affects color appearance differently.
  • Account for seasonal complexion changes — colors working beautifully during summer months might require adjustment during winter periods.
  • Request temporary coloring options from stylists before permanent commitment
  • Utilize accessories in potential hair colors near facial areas to gauge complexion interaction.
  • Recognize that camera settings, white balance, and post-processing can alter color appearance in final images.

The intricate relationship between hair color, skin tone, and photographic representation requires thoughtful consideration, but mastering these elements leads to consistently flattering results. Understanding these fundamental principles transforms not merely your appearance but also your confidence before the camera.

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ADIDAS VS. SKECHERS (2015-2019) https://fashionlawjournal.com/adidas-vs-skechers-2015-2019/ https://fashionlawjournal.com/adidas-vs-skechers-2015-2019/#respond Sat, 15 Mar 2025 04:30:20 +0000 https://fashionlawjournal.com/?p=9742 Introduction

Fashion plagiarism is increasing in the fashion industry across the world, and companies frequently charge their competitors with plagiarizing designs. Imitation has long been a component of fashion, but fast fashion and mass manufacturing have worsened the problem. Fashion designers dedicate a great amount of time and effort to design exclusive items, but the fashion design protection varies by nation and is not a simple task to pursue. Compared to book or painting, clothing and shoes involve use along with fashion, rendering it hard to subject it to copyright protection. Instead, designers usually resort to trade dress and trademark protection in order to protect against infringement of their brand image.

One of the best-known fashion trademark and copyright cases is the Adidas vs. Skechers case (2015-2019). The case is significant as it illustrates the application of copyright, trademark, and trade dress law to fashion. Although copyright defends artistic creations, trademarks and trade dress assist in defending the identity of a brand. The case provided a significant example of how courts address claims of design copying in fashion. This paper will examine the legal arguments, design comparisons, and ultimate decision to determine whether Skechers illegally copied Adidas or whether the similarities were merely common industry trends.

Case Background

The Adidas vs. Skechers case was a dispute between two major footwear brands: Adidas, a well-known global sportswear company, and Skechers, a California-based brand known for making affordable shoes inspired by popular designs.

In 2015, Adidas brought a lawsuit against Skechers in the U.S. District Court for the District of Oregon, alleging that Skechers had infringed on two of its iconic designs—the Stan Smith sneaker and the three-stripe trademark. Adidas contended that Skechers’ “Onix” sneaker was nearly identical to the Stan Smith, with the same shape, perforated stripes, and green heel. Adidas also accused Skechers of ripping off its three-stripe logo, a registered trademark, that it claimed might confuse consumers and dilute its brand identity.

Adidas’ complaint was on the grounds of trademark infringement under the Lanham Act, alleging that Skechers’ identical designs would confuse consumers. The case also involved a trade dress infringement since Adidas claimed that Skechers had imitated the overall appearance of the Stan Smith sneaker, making it difficult for shoppers to differentiate between brands. Adidas further charged Skechers with unfair competition and “passing off,” i.e., Skechers was supposedly attempting to capitalize on Adidas’ already established reputation.

Legal Framework Analysis

Under U.S. copyright law in the form of the Copyright Act of 1976, useful articles such as clothing and footwear are not afforded protection. Since the design of the Stan Smith sneaker itself—white leather upper, perforated stripes, green heel tab—is functional in nature, Adidas was not able to depend upon copyright protection. Rather, it employed trademark and trade dress protection to safeguard its brand identity.

The Lanham Act (15 U.S.C. §§ 1051 et seq.) formed the primary basis of Adidas’ claims. Under 15 U.S.C. § 1114, Adidas charged Skechers with trademark infringement, contending that the Onix sneaker resembled the Stan Smith too much, causing confusion among consumers and damaging Adidas’ reputation. Adidas further alleged trade dress protection (15 U.S.C. § 1125(a)) in that the Stan Smith’s appearance was distinctive and distinctive enough to qualify as protectible under law. Adidas contended that Skechers borrowed these aspects and made it more difficult for customers to differentiate the brands.

Additionally, Adidas brought trademark dilution (15 U.S.C. § 1125(c)), alleging that Skechers’ Onix sneaker diluted the distinctiveness of the Stan Smith model. Unlike trademark infringement, dilution does not require evidence of consumer confusion—only that a celebrity mark’s distinctiveness is being undermined. Adidas also charged Skechers with unfair competition and passing off (15 U.S.C. § 1125(a)), arguing that Skechers deliberately borrowed Adidas’ designs to profit from its fame and mislead buyers.

This case was influenced by some important legal precedents. In Adidas America, Inc. v. Payless Shoesource, Inc. (2008), Adidas prevailed with a $305 million judgment against Payless for the sale of shoes featuring analogous three-stripe designs, strengthening trademark and trade dress enforcement for footwear. In Louboutin v. Yves Saint Laurent (2012), the court held that unique fashion features—like Louboutin’s red-sole design—could be eligible for trademark protection, affirming the significance of trade dress in fashion law. Finally, Star Athletica, L.L.C. v. Varsity Brands, Inc. (2017) held that fashion designs may be copyrighted as long as they were separable from the garment’s functional element. Although this decision centered on cheerleading uniforms, it clarified that some elements of fashion design could qualify for copyright protection under certain circumstances.

Comparison Of Design

The Adidas and Skechers case was centered around the close similarities between Adidas’ Stan Smith sneaker and Skechers’ Onix sneaker, and also on Skechers’ adoption of a three-stripe design from Adidas’ trademark.

The Adidas Stan Smith sneaker is widely recognized by a clean white leather upper, three rows of perforated stripes, and a green heel tab, making it a familiar sight. Skechers’ Onix sneaker also incorporated most of these same elements—a white leather upper, a green heel tab, and the same pattern of perforations. Adidas alleged that Skechers had duplicated its design to deceive consumers and benefit from its reputation. Adidas further contended that Skechers’ application of three-stripe-like designs on other shoes infringed its trademark.

While Skechers’ design was not a duplicate, Adidas maintained that the general appearance, form, and main elements of the Onix sneaker rendered it a blatant imitation instead of merely a generic sneaker design. Adidas asserted this similarity would mislead consumers into believing Skechers is Adidas and diluting its brand identity.

For its part, Skechers refuted imitating Adidas, insisting that its design was merely an adaptation of overall sneaker fashion, not Adidas’ particular style. Skechers contended that white tennis shoes with colored accents at the heel had been around for decades and were not Adidas-specific. It further insisted that consumers could distinguish the two companies easily.

Final Legal Opinion

The court sided with Adidas, preventing Skechers from selling the Onix sneaker. This ruling established the significance of trademark and trade dress protections in fashion, demonstrating that even slight design similarities could give way to legal action.

Adidas won by claiming that the unique aspects of the Stan Smith shoe—its simple form, perforated lines, and green heel stripe—had become a trademark of the company, not just a run-of-the-mill shoe design. The court determined that Skechers’ Onix shoe was too close to the Stan Smith and would confuse consumers and violate Adidas’ rights to trade dress under the Lanham Act. Moreover, Skechers’ adoption of a three-stripe-like look on other collections was regarded as diluting the brand image of Adidas, and this made the position of Adidas even stronger.

Skechers claimed that its design only inspired from general sneaker designs, but the court held that the similarities tipped over into inspiration and gave an unfair edge to Skechers through utilizing Adidas’ popular brand image. The case was settled confidentially in 2019 and most likely involved Skechers halting production of the contested designs. This was a significant legal victory for Adidas in defending its brand.

This case emphasizes the boundaries of fashion copyright, where artistic pieces are protected but functional products such as shoes and garments are not. Governments can introduce reforms such as the EU’s unregistered design rights to enhance intellectual property (IP) protection. Strengthened enforcement of trade dress must be applied to fight brand dilution and counterfeiting. Quickened IP registration can help brands fight back on their designs in the fast-changing world of fashion. Since fashion is a global business, stronger global IP protection is needed to avoid confusing consumers globally with counterfeit products.

 

Author:

Sidratul Muntaha is an academically driven fourth-year BA LLB student at GGSIPU, dedicated to excellence in legal research and writing. Sidratul’s interests span corporate and financial regulation, criminal justice, and the intersection of fashion and law, where she brings a unique legal perspective to a creatively dynamic industry.

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The Beauty and the Beckham: A Legacy in Luxury https://fashionlawjournal.com/the-beauty-and-the-beckham-a-legacy-in-luxury/ https://fashionlawjournal.com/the-beauty-and-the-beckham-a-legacy-in-luxury/#respond Thu, 13 Mar 2025 05:30:47 +0000 https://fashionlawjournal.com/?p=9738 Burgeoning Beckham Beauty

Be it the illuminating Morning Aura moisturizer and primer or the glowy Modern Mercury Highlighter birthed by the magnificent collaboration between Estee Lauder and Victoria Beckham in 2017[1], the beauty world gasped in utter admiration. Fast forward to 2019, when Posh Spice aka Victoria Beckham elevated the cosmetic charcuterie by unveiling her niche beauty brand- Victoria Beckham Beauty. A closer look at Beckham’s marketing strategy reveals how she transformed her reputation for elegance into a luminous luxury brand. The celebrated fashion designer’s expedition into the domain of beauty products has been a sensational soiree, toasting to cleaner, greener and classier beauty routines. In a field that has been particularly characterized by monopolistic forces, fierce strategies and a compelling prospective, the Beckham Beauty brand has been successful in brewing a pleasant review around the world. The brand’s marketing strategies reveal a multifold approach to ensure consumer satisfaction and foster the formula of perfection in all the products.

The Digital Honeycomb

One glance at the marketing tycoon of any beauty brand- the VBB website, donning earthy hues and matte tones, provides umbrella navigation to all product ranges, inclusive of fashion as well. This approach leads to twofold benefits enhancing brand visibility and facilitating seamless user shopping experience. The burgeoning revenue by 44% in 2022 (through the Mango collaboration)[2] stands as a testament to the rigorous brand upliftment endeavors taken. The brand entered 2023 with a commendable double-digit growth trajectory supplemented efficiently by the fascination stirred by the Netflix documentary ‘Beckham’, which was followed by Victoria Beckham’s social media handles overflowing with followers. On the flip side, with each dawn declaring a new reigning beauty brand, VBB could cultivate more user interactive features and algorithms on its website, including personalized beauty quizzes and tailored marketing messages to its loyal consumer base to enhance consumer loyalty and cater to global foliage of new clients. Continued and increased emphasis on building a brand community will ensure a prosperous customer basis for futuristic brands like Victoria Beckham Beauty.

The DTC approach

With new seasons welcoming new launches and ultimately leading to the creation of a pool of products and swarms of confused yet excited buyers, VBB decides to stray away from the conventional cyclical launches and present an amalgamation with frequent and limited launches to cajole the anticipatory levels of the consumers. One of the cornerstones of VBB is its direct-to-consumer (DTC) strategy, which allows the brand to control pricing, ensure a pleasant shopping experience, and shape its narrative. By engaging directly with customers, VBB offers a unique shopping experience through an easy-to-use website and premium customer service. However, despite the rise of online sales, unanimity amongst studies reveal that majority of consumers still prefer browsing in shopping malls and familiarizing themselves with products before purchasing. Brands like Goop have successfully blended physical stores with their online presence, creating a multichannel approach with broad appeal. Strategic placement of luxury stores globally enhances branding and provides a tangible customer experience. By attracting traditional clientele who favor offline shopping, VBB could draw these customers to its luxury locations, further strengthening its market position. A combination of physical and digital sales channels would increase VBB’s market share and customer goodwill, allowing the brand to cater to a broader range of client preferences. With a stronghold on direct consumer engagement, VBB now turns to the power of partnerships, leveraging collaboration culture to elevate its brand presence.

Zooming in on Collaboration Culture

While VBB’s face card- Victoria Beckham, herself remains the undisputed queen of being the crème de la crème in the beauty and fashion industry, the brand’s marketing strategies have typically revolved around creating a niche for inclusivity, sustainability and beauty- all through the portals of luxury. With the ever-growing PR trends and influencer collaboration coaster, deploying a marketing army has some major benefits as witnessed by another leading beauty brand birthed in the same year as VBB- Rare Beauty. Such influencer-led ambassador programs and ventures play a pivotal role in shaping the brand’s consumer base and type. Pop-up events and grassroots-level interaction would provide the brand with higher levels of consumer engagement and heightened experiences. However, a shift in the perspective would provide that perhaps centralizing the brand’s identity and carving a strata-centric consumer base underlies the essence of its ventures.

Details, Details, Details

The brand exemplifies luxury at all steps- ranging from the online surfing and shopping experience to the packaging of the product. What sets the brand apart from other luxury beauty brands in the arena is the holistic commitment to detail and building on the client’s awareness regarding the brand’s perennial commitment to excellence. This obsession with attention to detail is based on the premise of the founder’s clear vision of finding something that did not exist before, and VBB has made sure, either through marketing campaigns or interviews with the creative directors and even Beckham herself, that the client is well versed with the degree of trials a product is put through to achieve the pinnacle of excellence.

The Deeper Folds

A meticulous study into the brand’s vision is well reflected in its purposeful marketing tactics that aim to spread purposeful and scientifically backed beauty. While skimming through brand strategies might lead to similar conclusions, VBB’s collaboration with Augustinus Bader[3] for the super supple and scientifically luxurious range of skincare products caters to the categorical needs of the consumers. A noteworthy highlighter in the entire prospectus of the skincare range is how the brand has specifically concocted items that respond to modern environmental stressors which provide a competitive edge to the brand.

Conscious Calls

Claims of clean beauty, sustainability, and cruelty-free products serve as compelling attractions for conscious consumers who prioritize ethical fashion and deeply value the harmony between social responsibility and beauty. VBB’s products are invariably a result of an arduous journey with minimal carbon footprints. Another initiative that could potentially aid the brand in strengthening its ethical goals further would involve incorporating greater transparency in its supply chains by revealing more information surrounding production processes.

The True Beauty Mantra

Victoria’s healthy lifestyle philosophy forms the cornerstone that sets apart her beauty products. Her widely publicized commitment to unleashing one’s best potential is the pinnacle of her marketing endeavors. Her repeated emphasis on the beauty brand being a “scratch on the surface”[4] to achieving one’s exalted version goes a long way in transforming the clientele’s outlook from being focused on transient outer beauty to embracing and flaunting inner beauty. VBB highlights itself as a high-end beauty brand that maximizes traditional cosmetic utility experiences.

The Beckham Brand

Another key contributor to the success of her beauty brand is the wide fascination and respect for ‘Brand Beckham.’ David Beckham’s global career set up the foundation for building a base away from home. 2024 has also witnessed the persistent glory associated with the duo through the Super Bowl ads for Uber Eats. What pushes the aspirational consumers to get their hands on a VBB cosmetic is largely attached to the walking master class Victoria herself is. She presents a juxtaposition of desires- in one instance she is reserved, posh and elegant on the front row of a fashion show, and on the other, she is posing without a care in pajamas on the ‘gram. The sculpting of her brand is largely attributable to how effortlessly relevant and relatable Victoria has remained through inspirational confidence and embracing herself. Clinging relentlessly to authenticity and having no presumptive sense of entitlement as to the success of her ventures indeed markets the genuine intent of Victoria Beckham Beauty as well as the hard work put in by the curators. What is, is and what isn’t, isn’t? This makes brands look endearingly powerful and committed to wanting the best for their customers. The personal branding shows the duo as a powerhouse for authenticity, adaptability and consistency.

The Legal Veil of Luxury
Beyond the shimmering allure of luminous highlighters and precision-crafted lip definers, Victoria Beckham Beauty stands as a testament to the intricate legal tapestry governing the luxury beauty industry. Trademark fortification ensures that the brand’s distinctive identity remains impervious to counterfeiting, while diligent adherence to regulatory frameworks such as the EU Cosmetics Regulation and FDA guidelines upholds consumer trust. The brand’s ‘clean beauty’ claims rest on a foundation of rigorous compliance, ensuring transparency in ingredient sourcing and formulation safety. As the industry tightens its grip on green washing and deceptive marketing, VBB’s commitment to ethical luxury is not just an aesthetic pursuit—it is a legally fortified promise of integrity.

Refined Beauty Defined

Although Victoria Beckham Beauty is using a beautiful confluence of conventional and modern methods of marketing, the brand in itself speaks volumes. The long, creative gestation periods, soft launches, reminiscent color palette of the 90s and an eternal commitment to elegant luxury codify what, how and where the brand provides. While initial internal calls may prompt beauty enthusiasts to stick with their brand choices, a single foray into VBB would make anyone want to stay. The brand and the brand leader empower and elevate through aspirational luxury and embracing one’s truest self. Victoria Beckham’s excursions in the domains of skincare and her experimentations with perfection are, in reality, the true market drivers for the brand. Victoria Beckham Beauty isn’t just a brand—it’s a movement, redefining luxury with purpose, elegance with authenticity, and beauty with a lasting legacy.

References: 

[1] The Estée Lauder Companies Inc., Press Release, The Estée Lauder Companies Inc. (Apr. 15, 2016), https://www.elcompanies.com/en/news-and-media/newsroom/press-releases/2016/4-15-2016

[2] Chavie Lieber, What the Mango Collaboration Means for Victoria Beckham’s Business, Business of Fashion (Mar. 6, 2023), https://www.businessoffashion.com/articles/luxury/what-the-mango-collaboration-means-for-victoria-beckhams-business/.

[3] Samantha Conti, Victoria Beckham’s Big Bet on Beauty, WWD (Mar. 16, 2022), https://wwd.com/feature/victoria-beckham-big-bet-on-beauty-1234978542/.

[4] Arden Fanning Andrews, Victoria Beckham Beauty: What’s Next?, Vogue (Mar. 30, 2023), https://www.vogue.com/article/victoria-beckham-beauty-whats-next.

Author Name: Aastha Kastiya

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From Fast to Fair: Fashion’s Reckoning with Responsibility https://fashionlawjournal.com/from-fast-to-fair-fashions-reckoning-with-responsibility/ https://fashionlawjournal.com/from-fast-to-fair-fashions-reckoning-with-responsibility/#respond Wed, 12 Mar 2025 06:30:09 +0000 https://fashionlawjournal.com/?p=9735 The growing global concern over the extravagance of couture highlights an undeniable truth—Corporate Social Responsibility (CSR) is no longer an option in fashion; it’s a necessity. As sustainability shifts from a marketing buzzword to a necessity, CSR has taken on a multifaceted role. The fashion world, with its Renaissance-like character, requires a holistic and closely knit CSR framework to address the industry’s deep-rooted inequalities, environmental footprint, and consumer expectations.

Intergenerational equity has led over 91% of consumers to become vigilant watchdogs, scrutinizing the social responsibility endeavors of their favorite fashion houses and labels.[1] Take Adidas and Stella McCartney for example —their collaboration in reusing leftover fabric has set a benchmark for responsible fashion.[2] As American economist Howard Bowen pointed out, an industry plagued by ethical dilemmas must align CSR with societal values.

But is the industry truly listening?  The integration of ethics into the fashion industry necessitates due diligence, ethical trade practices, transparency in green washing claims, and genuine brand-consumer communication. Unethical practices remain rampant- Hermès’ controversial and condemned use of alligator skin in gruesome, gilded watch straps; Gap’s undisclosed employee working conditions; ASOS’s infamous employment of child labor; and the staggering 10 million tons of CO₂ emissions from Nike and Zara.[3] These aren’t just statistics; they’re stark reminders that fashion’s impact extends far beyond the runway.

Today, the call for fashion transcends exquisite leathers and synthetic fibers, advocating instead for a responsible and inter-generational approach to fashion. It’s no longer just about who’s wearing what, but how and at what cost. The era of blind luxury is fading, replaced by a demand for conscientious couture and sustainable style. Fashion’s true elegance lies not in excess, but in a conscience woven with sustainability.

[1]Sarika Singh, Unraveling the Impact of Corporate Social Responsibility in Fashion, Rural Handmade (Feb. 24, 2024), https://ruralhandmade.com/blog/unraveling-the-impact-of-corporate-social-responsibility-in (last visited June 13, 2024)

[2] Ryan Moschetti, Corporate Social Responsibility in the Fashion Industry, BU PRLab (Mar. 25, 2019), https://www.bu.edu/prlab/2019/03/25/corporate-social-responsibility-in-the-fashion-industry/ (last visited June 14, 2024)

[3] Sustainably Chic, Fast Fashion Brands to Avoid, Sustainably Chic, https://www.sustainably-chic.com/blog/fast-fashion-brands-to-avoid (last visited June 14, 2024)

Author Name: Aastha Kastiya

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The Parallel Paradox: When Fashion Law Clash with Consumer Demand https://fashionlawjournal.com/the-parallel-paradox-when-fashion-law-clash-with-consumer-demand/ https://fashionlawjournal.com/the-parallel-paradox-when-fashion-law-clash-with-consumer-demand/#respond Tue, 11 Mar 2025 06:45:16 +0000 https://fashionlawjournal.com/?p=9730 Introduction

Fashion parallel imports are a sensitive topic: they make customers able to obtain authentic luxury products at more reasonable prices on one side, disturb the strong brand control over price and distribution on the other side. These “grey market” products are not counterfeited, they’re authentic products offered through unofficial markets, taking sometimes advantage of variations in prices across countries. For consumers, parallel imports are simply a smart means of acquiring designer fashion without breaking the bank. Who will not be willing to possess a luxury handbag at a lesser price? The companies, however, argue that it ruins their exclusivity and disrupts their well-planned prices. Such incessant wrangling raises great concerns about the balance between protection of brands and rights of customers, which places into the foreground the dynamic aspect of the world fashion market. As the world of fashion evolves, so does this point, and it illustrates that fashion is not what you’re wearing, but how you’re buying it.

More and more people want luxury fashion without the luxury price tag, and that’s exactly why parallel imports are on the rise. Shoppers are constantly looking for ways to get high-quality designer pieces at lower prices, and when they spot a big price difference between countries, they take advantage of it. In places where brands set sky-high prices, savvy buyers are finding ways to work around it, hunting down better deals through parallel imports. It’s not just about saving money; it’s about beating the system. It’s a growing trend that shows just how much consumers are willing to challenge traditional pricing models to get the best deal.

This growing market creates a real struggle between government rules and the way businesses actually operate.  Although parallel imports have the potential to make luxury items more accessible to all, they also put enterprises’ hard-earned pricing policies and brand identity in jeopardy.  The legal environment surrounding parallel imports is unclear since different jurisdictions have different opinions on whether they are legitimate and how they affect trademark rights.

This article goes in-depth into the questions that are on everyone’s minds regarding parallel imports and the fashion industry. A big question is their effect on brands, whether they dilute the exclusivity of a brand, or if they even increase the allure of luxury fashion by making it more widely available. And then there’s the law side, where the tricky trademark regulations, territorial protection, and intellectual property rights add confusion to brands and consumers alike. As demand for luxury fashion at affordable prices continues to grow, brands are faced with a crossroads—do they fight it, conform, or find a smart way to stay ahead?

By exploring these questions, this article will be used to break down the complex world of parallel imports in fashion, where cheap luxury is being sought against legal restrictions. It’s a balancing act, consumers want more access to luxury fashion, but brands need to keep it exclusive. This article sheds light on this paradox and the evolving rules that dictate it.

Parallel Imports in Fashion

Parallel imports refer to the importation of genuine products between markets without the intellectual property owner’s permission. It is most commonly a result of wide price differences between zones, which encourage enterprising consumers and importers looking for bargains.

These activities are most typically facilitated by grey markets selling authentic designer goods at lower prices but outside of authorized brand selling networks. Grey markets present a tempting loophole for customers who want luxury at discounted prices, but to firms, they are a thorny issue, undermining well-designed price strategies and eroding product distribution control.

The existence of such markets compels firms to refine price strategies and re-evaluate distribution structures. In turn, they can limit supply chain management or re-set regional pricing to mitigate the impact of parallel imports.

The legal status of parallel imports relies on the principle of exhaustion of rights, which differs from jurisdiction to jurisdiction. Some jurisdictions follow the national exhaustion doctrine, which grants trademark proprietors rights over their products within domestic markets and the right to restrict foreign imports. Others adopt international exhaustion, in which a product’s initial sale anywhere in the world eliminates the trademark owner’s right to restrict its resale across markets. This legal dichotomy determines the international flow of goods, balancing brand power with consumer access.

Trademark legislation is responsible for defining the legal framework regarding parallel imports. For example, according to Section 30(3) of India’s Trademarks Act, if products are lawfully acquired with a registered trademark, they do not fall under infringement by resale.[1] It reflects the clash between brand integrity protection and facilitating consumer access to products.
The doctrine of exhaustion is a fascinating balance, once the marked-up item has been sold, the brand no longer has its finger on its next move. Global compacts like TRIPS put it in each country’s hands to make its own policy, quantifying to a patchwork quilt that dictates the passage of goods across borders. It’s a legal grey area where intellectual property rights collide with the realities of global marketplace.[2]

Several landmark cases have shaped the legal landscape surrounding parallel imports:

  • S. trademark law is a balancing act, attempting to safeguard brands without keeping the market unfair to consumers. The Lanham Act allows companies to prohibit parallel imports, but only if there is a genuine difference between the imported and the one they originally authorized for sale. The Lever Rule goes one step further, if the imported good is the same, it’s game; if it’s not, it can be excluded. The method emphasizes the ongoing tug of war between preserving brand integrity and accepting the disciplines of a globalized world marketplace.[3]
  • India’s approach towards parallel imports is a fine balancing act, as is seen in cases like Western Digital Technologies Inc. v. Ashish Kumar.[4] The Delhi High Court has held that brands cannot shut their eyes to parallel imports just because they happen. They only have a case when the products weren’t lawfully obtained or when they have been modified in some way that impinges on quality and brand name. This move recognizes the need for trademark protection but at the same time leaves consumers to have access to goods lawfully acquired.

The law, as shaped by territorial limits, trademark law, and the principle of exhaustion, is no easy one. It can potentially liberate consumers through greater access to goods or reassert restrictions that maintain brands at the pinnacle. Ultimately, regulation of this two-sided paradox requires a shrewd strategy, one that balances legal rights, commercial interests, and changing consumer habits in an increasingly globalized world.

Legal Restrictions vs. Market Realities

Parallel imports into fashion introduce an intractable contradiction between harsh legal control and the realities of open world marketplace conditions. High fashion designers attempt to maintain pricing and distribution control over their markets, but in an age where consumers are constantly out searching for deals, maintaining such control is problematic. Meanwhile, governments and free trade agreements determine a large measure of whether those imports are barred or free to thrive.

Parallel imports make it difficult for brands to have control over their pricing strategies by bringing in cheaper alternatives into higher-priced markets. This erodes their margins and forces them to re-think their pricing just to stay competitive. Instead of being fully in control of their pricing and positioning in the market, they find themselves reacting to a volatile marketplace, attempting to balance exclusivity with affordability.[5]

The case for parallel imports is an easy fight, brands want control and consumers want affordability. Luxury brands will do anything to maintain their image and price, but when parallel imports arrive on the shelves, they lose some of that control. When products are handled poorly, it can hurt the brand image. But to consumers, parallel imports are a win, offering genuine products at lower prices, which often happens at the cost of items like lower quality control and no warranty support, making consumers angry.

The battle between brand integrity and consumer accessibility is further complicated by international and national trade laws, with brands caught in a labyrinth of the law. With fashion evolving, balance between upholding brand integrity and making consumers able to access luxurious products at a price is more crucial today than ever. To arrive at that point, brands will require wiser strategies, governments will require responsive and balanced legislation, and both parties need to recognize the fact that legal prohibition and consumer desire aren’t necessarily complementary.

Ethical Implications

Parallel imports in the fashion world raise a host of serious ethical issues, mainly the balance between intellectual property rights and consumer rights. This section discusses the ethical implications of parallel imports from different stakeholders such as fashion houses, legal scholars, and consumer activists.

The ethical debate concerning parallel imports is one of the confrontation between maintaining intellectual property rights and ensuring consumer accessibility to affordable commodities. Owners of intellectual property rights argue on the one hand that parallel imports affect their right of controlling distribution and pricing, causing damage to the reputation of their brands and profit margins. Consumers and consumer rights organizations argue on the other hand that parallel imports provide essential access to premium products at lower prices, increasing consumer welfare and competition in the market.

Fashion brands tend to perceive parallel imports as a source of threat against their brand integrity and pricing policies. They contend that the unauthorized imports can take away control of product distribution, which may lead to compromised quality control and warranty service. This can undermine consumer trust and water down brand equity. Fashion brands lobby for stronger legal shields against unauthorized imports to protect their brand image.

Legal professionals point out the intricacies of intellectual property legislation and global trade agreements that regulate parallel imports. They stress the importance of consistency and clarity in legal systems to protect both intellectual property rights and consumer interests. Legal professionals tend to contend that the doctrine of exhaustion of rights should be applied uniformly across jurisdictions to prevent confusion and legal conflicts.

Parallel imports are advocated by consumer rights campaigners because they increase choice for the consumer and drive prices down, so that the luxury item can be bought by a wider clientele. They feel that consumers ought to be entitled to buy original products at affordable prices, provided that the product is not being fake or changed in a manner that undermines their originality. Activists further highlight the need for transparency in parallel import labelling so that consumers can understand the potential absence of warranty support.

Overall, the moral considerations of parallel imports in fashion constitute a balance of competing interests between safeguarding intellectual property rights and consumer welfare. Stakeholders have to manage these competing interests to ensure legal frameworks facilitate brand integrity as well as consumer access to affordable luxury items.

The Future of Parallel Imports in Fashion

The destiny of parallel imports within fashion will depend on the future development of law to reconcile brands’ and consumers’ interests. Parallel imports have been permitted by some nations, such as India, provided products are authentic, while others reserve stricter controls over local markets. The principle of exhaustion is the core of debate, with measures such as TRIPS providing the autonomy to set rules for any country. Brands prefer to have control over distribution and price to preserve their reputation and profit margins, but customers are aided by cheaper prices and greater availability. Finding the balance is key—too many limits can price products out of reach, and unregulated parallel imports can damage brand reputation. The difficulty is to find an equitable solution that serves both without choking off competition or innovation. Proposed solutions are to make global legislation more standardised, enhance regulation for transparency, narrow price differentials across markets, and employing tiered pricing according to regional purchasing power. Open labelling of parallel imports and consumer education about the risks and advantages of parallel imports can also be beneficial. A harmonious combination with legal certainty, equitable pricing, and protection of consumers can both serve brands and consumers.

[1] The Trade Marks Act, 1999, § 30 cl. 3, No. 47, Acts of Parliament, 1949 (India).

[2]  Siddharth Varshney, Whether Parallel Import Of A Literary Work Is Permitted Under The Copyright Act?, (December 30, 2020). Available: https://www.algindia.com/article-whether-parallel-import-of-a-literary-work-is-permitted-under-the-copyright-act/

[3] Jain, Sneha, Parallel Imports and Trademark Law, JIPR Vol.14(1) (January 2009), pp 14-27.

[4] Western Digital Technologies Inc. v. Ashish Kumar & Anr. 2016 LawSuit(Del) 5879.

[5] Mittal, Sugandh, PARALLEL IMPORTATION IN THE WORLD OF TRADEMARKS, International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6(3), (March 2019) pp 106-113. Available :http://www.jetir.org/papers/JETIR1903617.pdf

 

Author:

Sidratul Muntaha is an academically driven fourth-year BA LLB student at GGSIPU, dedicated to excellence in legal research and writing. Sidratul’s interests span corporate and financial regulation, criminal justice, and the intersection of fashion and law, where she brings a unique legal perspective to a creatively dynamic industry.

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Brand Case Study: Cartier https://fashionlawjournal.com/brand-case-study-cartier/ https://fashionlawjournal.com/brand-case-study-cartier/#respond Mon, 10 Mar 2025 09:13:35 +0000 https://fashionlawjournal.com/?p=9725 Bedazzling Diamonds, Looming Lawsuits and Everlasting Elegance- Cartier epitomises it all.  The renowned jewellery house has several patents and design trademarks later, established itself as a titan of the industry. 

Origination

Dating back to 1847, the 27-year-old Louis-François Cartier took over his master’s workshop in Paris, giving rise to the Maison Cartier. Unbeknownst to him, this was just the start of the reign of the Cartier Dynasty. Humble beginnings described Cartier, until Princess Mathilde, through her purchases of the brand, launched this into the Persian High Society of 1856.  But, Louis-François isn’t the only force attributed to the rise of Cartier. The three siblings- Jacques, Pierre and Louis, together, built the empire as known today. Specialising in varied fields of Gem work, design, innovation and collective business acumen led to the triumph of the intent of “Never copy- Only create.”

Louis-François, 12 years after the beginning of Cartier, expanded and purchased an acclaimed jewellery house- Gillian. The signature red boxes were forthwith stamped with the freshly incorporated venture of Cartier GillianSuccession, a cardinal rule of nature, was observed in the house of Cartier as well, with the company being headed by Louis Joseph, the eldest grandson, who carried the legacy under the name of Cartier, restoring the brand for what it was. 

Following the establishment of the boutique in Ru De La Paix in Paris in the year, Cartier instituted various designs- the Garland style inspired by the neoclassical era, geometric and one-of-a-kind abstract pieces and signature wristwatches. Expansions to New York’s Fifth Avenue and Expeditions to India sparked the innovative fire within Cartier, having since patented and established a multitude of Unique propositions over the years.  An essential figurehead of the organisation is Jeanne Toussaint. Popularly known as “The Panther”, she has served as the creative director for the Maison, taking the notion of art deco and artistry to new heights. 

In 1993, the Cartier family noticed dwindling succession, and the company was subsequently purchased by Richemont Group, a Swiss luxury goods holding company. Since then, The Richemont Group has recorded record sales figures, with global expansion and greater innovations. 

Lately, talks of LVMH, one of the strongest luxury conglomerates globally, have surfaced in a bid to acquire the Richemont Group, beginning with the purchase of a small stake in the company. 

Patents & Product Lines

Trademarks held by Cartier fall under three primary classes of trademarks.

  1. Class 14: Precious metals, jewellery and timing devices. This class includes Engagement rings, Diamonds, Jewellery boxes and Movement for clocks and watches. 
  2. Class 16: Paper products, stationery and office supplies. This entails Art Prints, Graphic prints, Arts, Crafts and Modelling equipment. 
  3. Class 18: Leather products, bags, wallets and luggage. This class covers Backpacks, Bags, Purse, Handbags and more. 

Marketing Strategies

In a saturated market, Cartier thrives by leveraging certain key strategies to develop consumer connections and conversion to purchases. 

One of the primary factors drawing consumers towards the company is The History and Heritage associated with it. Receiving the Royal Certificate from the Court of King Edward VII, catering to Bhupindra Singh, the Maharaj of Patiala,Cartier is built on the foundation of imperial and exquisite elegance. 

Cartier’s innovation and ability to launch signature product lines is yet another marketing benefit. The Love Bracelet with the unique screwdriver, The Tank Watch, The Mystery Clock Model, La Panthère motif as a wristwatch are some of the original creations of the company. The novelty and ingenuity of the designs make it a status symbol and a desirable acquisition. 

Yet another modus operandi is creative and sentimental campaigns. The Proposal, a campaign featuring the variety offered by Cartier in their engagement rings, and the Shape Your Time campaign showcasing the convoluted craftsmanship of the wristwatches- each campaign seeks to communicate a story. A story so nostalgic and moving as to influence the audience. 

Moreover, Cartier is celebrated for partnering with the Louvre Museum in Paris, inculcating and enhancing the commitment towards art. This collaboration proves fruitful through contributions towards the reconciliation of Musée des Arts Décoratifs.  The Polo Cup, The Cannes Film Festival and corresponding associations place Cartier above the others. 

Legal Disputes

A company so original in its mode of operation is bound to be engaged in legal disputes. 

  • Cartier v. E.U.R.L Kristal, Azur et Soleil, and S.A.G., 2023 

Cartier sued the defendants, accusing the companies of  Trademark Infringement, Copyright Infringement and Parasitic Competition over “Love” and “Juste Un Clou” designs. Cartier claimed that the defendants of the case sold counterfeit goods and otherwise infringed designs of the two popular collections.  The defence opted for in this case was to question the credibility of the trademarks held by Cartier for both the “Love” and “Juste Un Clou” designs. It was contended that the trademarked designs lacked distinctiveness and specific utility.  The Marseille First Instance Court sided with Cartier and held the trademarks owned by the company to be valid under Article L.111-1 of the French Intellectual Property Code. Thus, the designs under question were valid for protection under the French Law. 

  • Cartier v. Tiffany & Co. 

Beyond the rem of copyright infringement and trademark violations, in the present case, Cartier alleged Tiffany and Co. of tortious interference in the contractual relations between an employee of Cartier and the company, in a bid to acquire confidential information about the business operations of North America, particularly the High Jewelry Division. A former employee of Cartier was allegedly contacted by the Vice President for a prospectus job offer, which later entered the realm of unlawful acquisition of information in violation of the confidentiality clauses and non-disclosure agreements.  Tiffany claimed that the information procured was not sufficiently enough to constitute trade secrets. However, the case was later withdrawn by Cartier through a “stipulation of discontinuance of lawsuit with prejudice” after the court granted an injunction, forbidding Tiffany from utilising the information so acquired. 

Conclusion

A riveting history and eternal simplicity have rightfully put Cartier on a pedestal. With rich eloquence and grace, Cartier has built an industry of its own. The intricate details, refined craftsmanship and well-thought-out strategies make Cartier what it is today- Not just a name, but a statement one wears. 

References

  1. Story and Heritage- https://int.cartier.com/en/the-maison/the-story/story-and-heritage.html#1898
  2. Louis-Francois Cartier’s 200th Birthday- https://www.the-cartiers.com/blogpost/louis-francois-cartier
  3. Cartier Prevails in Fight Over Rights in its Coveted Love, Nail Jewelry          https://www.thefashionlaw.com/cartier-lands-win-in-lawsuit-over-its-rights-in-coveted-love-nail-jewelry/
  4. Cartier’s Marketing Strategy Explained https://www.marketingexplainers.com/cartiers-marketing-strategy-explained/#ib-toc-anchor-0
  5. NOT ONLY DIAMONDS BUT SOME RIVALRIES ARE FOREVER – CARTIER VS. TIFFANY https://www.theippress.com/2023/03/28/not-only-diamonds-but-some-rivalries-are-forever-cartier-vs-tiffany/
  6. Understanding trademark classes – Class 18 https://www.tramatm.com/class-assist/trademark-class/18
  7. The History Of Cartier https://www.richdiamonds.com/inspiration/the-history-of-cartier?srsltid=AfmBOorIKFlwmq2GDBpMwQk8EB5hD8Zu2dFIxV2tP6_7KW7LTtVSn_8-
  8. The Wisdom behind Cartier’s Marketing, how it sells treasure https://www.brandvm.com/post/cartiers-marketing-sells-status

 

Author(s):

Meet Kanishka Chawla, an academically driven student at NMIMS School of Law, Mumbai. Kanishka strives for excellence in every field she is working in and overcomes challenges by providing pragmatic solutions. Enthusiastic about fashion, Kanishka brings a legal perspective to a creatively fuelled industry.

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