Let’s learn some Fashion Law basics. As company grows, it will require various types of legal protection. Many fashion designers lack a clear understanding of the difference between legal knockoff and illegal infringements, some rely heavily on trademark and/or trade dress protection.
™️: Distinctive logos, names, images, designs that indicate the source of the product.
Trade dress: The characteristic and distinctive visual presentation of a product; may include packaging and design elements.
Famous trademarks include Nike “swoosh”, “Juicy” logo, the Lacoste alligator 🐊, Louise Vuitton “LV”.
Examples of trade dress include the “Tiffany blue” shade on jewelry boxes, the red sole of Louboutin’s line of women’s shoes 👠.
❗ Trade dress can be protected even prior to registration, considering that company is able to demonstrate that the people associate the particular design element with the company that produce it.