The global handbag business is a prime example of the convergence of fashion, celebrity influence, and intellectual property rights. Statista projects the market to reach 68.31 billion dollars this year. The WIPO pointed out that recent occurrences, like the Jolene bag by Marc Ozias that went viral when Beyoncé highlighted it, highlight the revolutionary potential of social media and celebrity endorsement in catapulting up-and-coming designers into immediate stardom.
Established houses are using patents, copyrights, and trademarks to protect their inventions. Examples of this include Hermès’ successful action against digital infringements and Louis Vuitton’s fervent defense of its renowned monogram. The boundaries of confusion and dilution in trademark law are being redefined by landmark cases.
The Fashion Law revealed last week that a Chinese company has not been successful in its trademark application for a tote bag design that has a striking resemblance to a well-known Marc Jacobs bag. The company’s claim to exclusive rights to the phrase “THE TOTE BAG” was rejected by the U.S. Patent.
