In the article “5 Trends Affecting Luxury Fashion IP in 2024,” Knobbe Martens partners Lynda Zadra-Symes and Jeff Van Hoosear and associate Talisha Faruk* share their predictions for the IP issues that will impact the luxury fashion industry in the upcoming year.
According to the authors, the issues likely to shape the IP landscape of luxury fashion in 2024 include:
- IP protection strategy will continue to be paramount for brands as IP infringement cases proliferate in response to the rapid growth of fast-fashion retailers.
- The rise of virtual goods such as non-fungible tokens (NFTs) could give way to more trademark disputes.
- Brands and the court system will continue to evaluate the fine line between artistic expression and IP infringement.
- Parody evaluations will not always receive heightened First Amendment protection from infringement claims, in light of a high-profile 2023 SCOTUS decision on the matter.
- Considering updated Federal Trade Commission guidelines, brands will need to mitigate risks of false advertising when contracting influencers in the luxury fashion space.
Read the full article here.
*CA Bar Admission pending
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