Publication details

Jméno jako ochranná známka v kontextu fashion law

Title in English Name as a Trademark in the Fashion Law Context
Authors

ŠILHÁNKOVÁ Šárka

Year of publication 2018
Type Article in Periodical
Magazine / Source Obchodní právo
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Keywords fashion law; name as a trademark; fashion designer
Attached files
Description Most luxury fashion brands are named after their founders. The name is of critical value for every fashion brand. And the use of a proper name adds a certain air of uniqueness and non-interchangeability. Considering a number of business-related aspects, it is highly advisable to register the name (fashion brand) as a trademark. Should the fashion designer decide to sell their company in future, the trademark would most certainly embody a key assert. However, the own sale of such trademark may force the fashion designer to face certain difficulties. If the fashion designer is not granted a license, it means that the fashion designer is no longer authorized to design fashion under the trademark, i.e. under his/her name. Concurrently, the fashion designer is often deprived of the possibility to influence in any way the products to be created under the fashion designer's name. The article analyses cases from Union practice while referring to practice in the U.S.A.

You are running an old browser version. We recommend updating your browser to its latest version.

More info