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When brands and designers fought over copyright

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When brands and designers fought over copyright

The fashion industry is most closely recognized with notable fashion houses ascending intricate and admiringly publicized runway shows in the major fashion capitals of the world. In reality, the fashion industry is, much more diverse, complex and global. Now and then brands are getting tangled with copyrights, pattern infringement and disputes. The fashion industry’s courtroom unravels the complexity and provides clear guidance on the wide range of legal and business issues faced by known companies. Industry participants, including manufacturers of apparel and accessories, suppliers, designers and retailers all have the lawful right to stand up and demand justice. Recent controversies include big names in the game, chasing small-time designers using their brand value and designs, and battling over registered logos and designs.
Hermès vs Mason Rothschild

Luxury fashion house Hermès catches sight of web3 and the virtual world as the next big space to venture into, so for that reason, the French brand is working on its own NFTs. The company’s global general counsel, Nicolas Martin, testified by the first week of February in a high- stakes trial pitting Hermès against Mason Rothschild, creator of the
colourful digital furry interpretations of its iconic Birkin. Hermès has been actively researching blockchain-based digital assets and other virtual goods which can be up to the brand league for their exquisite materials and accurate craftsmanship. Mason Rothschild has been confirmed guilty of violating a trademark by selling NFT ‘Meta Birkins’. Hermès won the lawsuit against the artist and the first trial to consider intellectual property infringement, luxury fashion house was awarded $133,000 in damages, $100,000 for intellectual property infringement and $23,000for cybersquatting or using the same name which has been registered under Hermès.

Nike vs Lululemon

At the beginning of the year, Nike knocked at the courtroom asking for their rights back from the activewear brand Lululemon. Nike filed a case against Lululemon, alleging they have infringed on patented footwear designs. Nike claims that their three styles and designs have been copied and the brand has suffered economic harm and irreparable injury. Patent claims are about textile elements, including knitted features, webbed areas, and tubular structures on the footwear. One patent claim also addresses footwear’s performance. Lululemon has denied all the allegations declaring that they will prove in court that Nike’s claims are unjustified. The case is seeking clarity from the court while Nike is seeking fair damage control coming in their favour. Nike is suing multiple designers such as StockX, Kool Kiy & Omi, and Bape for similar reasons in different manners.

Adidas vs Thom Browne

January month came along with Thom Browne and Adidas continuing on taking their differences over the same stripes to the courtroom. Adidas tried a hard angle for a finding of trademark infringement. Adidas is a known and well-established sports brand that was aiming for millions of dollars in damages, while Thom Browne a high fashion
contemporary brand was debating for a separate target clientele so for that withdrawing from being a competitor. Adidas loses four stripes battle with Thom Browne since the jury rejected the accusation. A spokesperson for Browne said the brand was pleased with the outcome. The designer hoped his two yrs fight inspires other brands to seek
victory as well when they face threats from larger companies. Fashion law is enormous in the fashion capitals of the world and a much more rapid, organised procedure of law but surprisingly it remains primarily underdeveloped in the Indian framework. The domain of fashion law is lucrative and brings various stakeholders within itself thus
the ambit of it is very wide. These stakeholders include designers, multi- billion corporate giants and metaverse space along with old-school retailers. If we analyse the perspective in India then mainly the issues of fashion law are wrapped under the copyright and design act if viewed in a very primitive sense.

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