"It's not that the laws [for fashion] are somehow different, it's that when a lawyer speaks the same language as you from the very beginning, everything becomes much easier. There are many issues that need to be worked through at the earliest stage,"— Diane von Furstenberg
Our practice covers the entire product lifecycle — from design and manufacturing to distribution, international supply, e-commerce, and dispute resolution. This approach requires a lawyer to have not only knowledge of the law, but also an understanding of the industry's logic, its pace, and the specifics of its decision-making. This makes it possible to consider legal issues in the context of real challenges, rather than in isolation from them.
How we can help.
Protection of the brand, creative outputs, and innovative developments
- Registration and management of a trademark portfolio in Russia and abroad
- Protection of design, brand elements, and technological solutions: registration of inventions and industrial designs in Russia and abroad
- Fighting counterfeiting: blocking the circulation of fakes, including through customs control mechanisms and work with marketplaces
Protection of brand reputation
- Handling disputes and pre-trial conflicts over similar marks, countering "raider" trademark applications at Rospatent and in the courts
- Representing interests in disputes over protecting the business reputation of the brand and its founders
- Protecting the brand's market positioning: combating unfair competition and copying of key brand elements
Team, creativity, and rights to outputs
- 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
- Formalizing 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 into account tax and labor aspects
- Supply contracts with fashion brands and manufacturers (quality, deadlines, liability, payment terms)
- Establishing 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, permissible models of working with data)
- Developing and updating privacy policies, consents, and internal procedures for processing customer data, including assessing the lawfulness of the CRM tools and mailings used
Examples of completed projects.
Project 1. Control over the brand and protection from unfair distribution (Fashion & Retail)
Advising an international lingerie brand in a dispute with a former local partner involving the unlawful registration of a trademark and use of the brand on the market. A comprehensive defense strategy was built that made it possible to regain control over the brand, put a stop to unfair practices, and protect 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 competing production. A defense strategy was formulated that made it possible to quickly halt the spread of the disputed products and preserve the exclusivity of the design as a key commercial asset.
Project 3. Sanctions restrictions and refusal to supply (Fashion & Trade)
Representing the client's interests in a dispute with a European fashion house that is part of the largest French luxury holding, in connection with a unilateral refusal to perform a distribution agreement and to return advance payments under the influence of sanctions regulation. A legal position was developed that took 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 due to the incorrect structuring of contracts when creating an advertising campaign. A legal strategy was developed based on the application of the rules on complex objects and on 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 under sanctions pressure and the risk of losing rights in unfriendly jurisdictions. A roadmap was created for redistributing IP rights (including the assignment and localization of ownership), which made it possible to preserve the commercial value of the brands and ensure their continued use in international markets.
Project 6. Protecting the brand in the digital environment and preventing the registration of "look-alikes"
Comprehensive protection of the trademarks of an international premium alcohol producer against the registration and use of similar marks in Russia, including a case involving a mark that copied the original brand. A multi-level defense strategy was developed (Rospatent, social media, hosting providers, interim measures through the courts), which made it possible to quickly block the infringements and substantially reduce the risk of brand dilution.