Fashion

Legal risks and implications of hyper-realistic videogames

Although digital consumption was already rising before the Covid-19 outbreak, the pandemic has undoubtedly accelerated this trend. In this context, the gaming industry is one of the wealthiest of all entertainment industries, with revenues projected to reach $159.3 billion in 2020 by the Newzoo 2020 Global Games Market Report and experts don’t see growth taking …

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The makeup of protection of a makeup store layout: a missed chance to apply the Cofemel decision?

By Valentina Mazza and Andrea Michelangeli In our fashion law predictions for 2020 (available here), we anticipated Italian case-law following the trend set by the CJEU in the Cofemel decision (for the illustration of the case, see our previous post here) by making it easier to access copyright protection in Italy. No magic wand, but …

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Milan Fashion Week and Fashion Law Trends – Wearable and Smart Clothing: The Next Frontier of Fashion

As we already discovered in some of our previous articles on tech & fashion, innovative technology within the fashion industry is more apparent than ever. From updating retail experiences, to wearable technology like smartwatches, technology and innovation are continuously inspiring and influencing trends and fashions. In fact, as Marty McFly introduced smart clothing that could …

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Milan Fashion Week and Fashion Law Trends – The magic realm of the right of publicity!

As the Milan Fashion Week Fall/Winter 2021 goes on, another hot topic getting the attention of fashion houses is the issue of celebrities’ right of publicity, i.e. the right to control the commercial use of their identity. To what extent are fashion brands free to use celebrities’ name or image in their marketing communication and …

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Paparazzi v. celebrities copyright lawsuits – the last American trend!

It is common to spot groups of paparazzi taking pictures at celebrities, fashion icons and influencers on the streets not only during fashion weeks and events, but also in their day-to-day lives. At the same time, it has become increasingly frequent in the United States for paparazzi to file copyright infringement lawsuits against celebrities for sharing those pictures on the Internet, i.e. on social media platforms, without the photographers’ “permission or consent” or without paying them any licence fee.

The latest to be sued by a paparazzi for copyright infringement is no less than Victoria Beckham, but the list includes both celebrities like Jennifer Lopez, Ariana Grande, Gigi and Bella Hadid and brands such as Marc Jacobs and Versace. In general, these cases tended to end with out-of-court settlements that led celebrities to pay steep monetary damages. This created a precedent and many other lawsuits, which are still pending, followed, in the last few months.

Milan Fashion Week and Fashion Law Trends – Karl Lagerfeld’s heritage: who is going to award the rights on his image? Does the cat really take it all?

Last July, with “The Dawn of Romanity” haute couture show against the Colosseum backdrop, Fendi paid tribute to its longtime Creative Director Karl Lagerfeld, with 54 outfits to represent his 54-year tenure at the maison. But who owns the rights in the image of the recently deceased iconic fashion genius?

According to some leaks, the worldwide famous designer Karl Lagerfeld, before his death, would have left the entirety of his heritage to his beloved cat Choupette. This is not the first time a person decides to nominate his pet as the universal heir: from Countess Karlotta Liebenstein to Alexander McQueen, leaving everything (or a big portion of one’s assets) to a pet has become a sort of trend for many celebrities… But what are the legal consequences in relation to the rights of image of the celebrity according to the Italian law?

Milan Fashion Week and Fashion Law Trends – Fashion and Parody: a trendy combo?

The retail and fashion sectors need to deal with new legal issues due to the adoption of IoT technologies as a consequence of the rapid digital revolution of the industry.

The “wave” of the Internet of Things is heavily impacting the retail sector leading to new legal issues that have never been experienced by most fashion brands, and in general retail companies.

Milan Fashion Week and Fashion Law Trends – Can Artificial Intelligence create a style? The relationship between fashion and technology

As we already discovered in some of our previous articles, from 3D avatars to wardrobe advisers, passing through CGI and Robot IT girls, artificial intelligence (“AI”) is shaping our outfits and looks.

Indeed, AI is transforming the fashion industry in every element of its value chain and marketplace. In last years, all retail giants are using AI to improve the efficiency of sales systems and processes and to enhance clients’ shopping experience, offering a personalized service tailored on their interests and preferences.

Most of the biggest fashion houses – from H&M to Tommy Hilfiger – are now investing in algorithms that suggest styles to their customers.

Milan Fashion Week and Fashion Law Trends – Does the Cofemel decision marks the end of “artistic value”?

As the Milan Fashion Week goes on in these days, we are eager to keep you updated with the very most recent fashion law topics and matters.

This time we speak about copyright after that on 12 September 2019, the CJEU issued the long-awaited decision on the Cofemel case C-683/17, which opens a new path for the copyright protection of designs in the EU and in Italy.

The case involved G-Star Raw CV and Cofemel – Sociedade de Vestuário SA, two companies active in the sector of clothing, including design, production and sale of materials. G-Star accused Cofemel of copying its designs related to jeans, sweatshirts and t-shirts products, claiming that its models constituted original intellectual creations qualified as “works” and protected under Portuguese Copyright Law. On the other side, Cofemel argued that such models could not be qualified as “works” and, hence, were not copyrightable.

Milan Fashion Week and Fashion Law Trends –  Monograms: just letters or powerful trademarks?

By Elena Varese e Lara Mastrangelo The Milan Fashion Week has just started and from today we are glad to host for the second time some highlights on the major fashion law trends of this season. “A rose by any other name would smell as sweet” used to claim Juliet in the famous Shakespeare’s play, …

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Milan Fashion Week and Fashion Law Trends – The never-ending saga of cultural appropriation in fashion

Over the last years we have witnessed extensive disapproval of the fashion world when dealing with collections or campaigns inspired by different cultures. As a fact, criticism on alleged cases of cultural appropriation has been rising to the stars throughout the years and does not seem to come to an end.

Generally speaking, cultural appropriation is defined as the unrecognized or inappropriate adoption of traditions, practices, ideas, etc. of one culture by members of another cultural, usually the latter being more dominant.

Milan Fashion Week and Fashion Law Trends − New brand identity in the fashion industry: is the “sans-serification” the right move? 

In recent months many fashion companies have been restyling their brands by simplifying and minimizing their visual impact: big fashion industries are dropping unique fonts, words and design features − which until now have significantly contributed to differentiate their brands from their competitors’ ­− in favor of most popular and common fonts, such as sans-serif.

“Less is more”, we may say.