“It's not that the laws [for fashion] are any different, it's that when a lawyer speaks your language from the very beginning, everything becomes much easier. There are many questions that need to be worked through at the earliest stage,”— Diane von Furstenberg
Our practice covers the entire product life cycle — from design and manufacturing to distribution, international supply, e-commerce, and dispute resolution. This approach requires a lawyer not only to know the rules of law, but also to understand the logic of the industry, its pace, and the specifics of decision-making. It allows legal issues to be considered in the context of real-world tasks, rather than in isolation from them.
How we can help.
Protecting the brand, creative output and innovative developments
- Registration and management of a trademark portfolio in Russia and abroad
- Protection of design, signature elements and technological solutions: registration of inventions and industrial designs in Russia and abroad
- Fighting counterfeits: blocking the circulation of fakes, including through customs control mechanisms and work with marketplaces
Protecting the brand's reputation
- Handling disputes and pre-trial conflicts over similar marks, countering "raider" trademark applications before Rospatent and the courts
- Representing interests in disputes concerning the protection of the business reputation of the brand and its founders
- Protecting the brand's market positioning: fighting unfair competition and the copying of key brand elements
Team, creativity and rights to results
- Contracts with employees, freelancers and creative partners (photographers, stylists, models, SMM and production teams) with a focus on the allocation of rights
- Setting up trade-secret and confidentiality regimes to protect processes and internal information
Partnership and growth
- Structuring collaborations and other partnership projects
- Structuring and supporting M&A deals: sale and purchase of a brand, investor entry and protection of investments, transfer of an IP portfolio taking tax and labor aspects into account
- Supply contracts with fashion brands and manufacturers (quality, deadlines, liability, payment terms)
- Setting exclusivity terms and restrictions on working with the brand's competitors
- Drafting, reviewing and negotiating franchising agreements in the fashion segment
Advertising and marketing
- Influencer and advertising agreements: contracts with bloggers and ambassadors, creating limited collections together with partners, using content from the brand's customers and followers in advertising campaigns
- Reviewing advertising materials and communications for compliance with the law
Personal data
- Advising on the processing of customers' personal data, cookies, ad-tech, CRM and personalization tools (approaches, risks, acceptable data-handling models)
- Developing and updating privacy policies, consents and internal procedures for processing customer data, including assessing the lawfulness of the CRM tools and mailings used
Selected projects.
Project 1. Brand control and protection from unfair distribution (Fashion & Retail)
Advising an international lingerie brand in a dispute with a former local partner over the unlawful registration of a trademark and use of the brand on the market. We built a comprehensive defense strategy that restored control over the brand, stopped the unfair practices and protected the client's market position.
Project 2. Protecting the design of an iconic product (Fashion & IP)
Advising an Italian premium brand on protecting the design of an iconic handbag model and the related trademarks in connection with their copying in the digital environment and the launch of a competing production. We developed a defense strategy that quickly halted the spread of the disputed products and preserved the exclusivity of the design as a key commercial asset.
Project 3. Sanctions restrictions and refusal to supply (Fashion & Trade)
Representing the client in a dispute with a European fashion house, part of the largest French luxury holding, over the unilateral termination of a distribution agreement and the return of advance payments under the influence of sanctions regulation. We developed a legal position taking into account the specifics of the sanctions regime and cross-border supplies, aimed at recovering the funds and protecting the client's commercial interests, which led to the return of the advance payments out of court.
Project 4. Managing rights to advertising content (Fashion & Media)
Resolving a complex conflict over rights to audiovisual content (including the rights of actors and the production company) that arose from the incorrect structuring of contracts when creating an advertising campaign. We worked out a legal strategy based on the rules on complex works and case law, which made it possible to unblock the use of a key marketing asset and preserve the client's investment in the rebranding.
Project 5. Restructuring an IP portfolio under sanctions
Developing a cross-border model for protecting the client's trademarks amid sanctions pressure and the risk of losing rights in unfriendly jurisdictions. We created a roadmap for redistributing IP rights (including assignment and localization of ownership), which made it possible to preserve the commercial value of the brands and ensure their continued use on international markets.
Project 6. Brand protection in the digital environment and stopping "look-alike" registrations
Comprehensive protection of the trademarks of an international premium spirits producer against the registration and use of similar marks in Russia, including a case involving a mark that copied the original brand. We developed a multi-level defense strategy (Rospatent, social networks, hosting providers, interim measures through the courts), which made it possible to quickly block the infringements and significantly reduce the risk of brand dilution.