Why is an IP strategy vital to protecting your fashion brand?

Fashion is a competitive industry that relies on protecting your brand and designs to stand out from the crowd. Let’s look at why an IP protection strategy is vital in the fashion industry and some cases of intellectual property theft that affected some of the biggest names in retail clothing.

The domestic value of the Australian fashion market is estimated at $28.5 billion and has annual retail sales of $21.5 billion, according to sector analysts Fashion United.

If you are considering taking your brand nationwide or expanding abroad, you need to consider intellectual property protection. If you don't, your ideas may be copied and misused. Let's take a look at why an IP strategy is vital to protecting your fashion brand.

Protecting your product designs is vital in the fashion world to stop competitors stealing your ideas. Protecting your product designs is vital in the fashion world to stop competitors stealing your ideas. 

Why you need an IP strategy

You may have the best business model or the most creative designs in the world, but if you don't protect these ideas in the main market, they can be exposed to misuse. A dedicated IP protection strategy will:

  • Protect your branding from copycatting. This ensures the unique words or images that identify your brand in the marketplace will not be confused with anyone else's; and 
  • Ensure your product designs are not stolen.

In recent times there have been several cases of fashion brands embroiled in IP protection cases. Uncle Martin vs Under Armour is a particularly good example of a successful IP strategy at work: 

Uncle Martian vs Under Armour

In July 2016, sportswear brand Under Armour discovered Chinese clothes manufacturer Uncle Martian had blatantly stolen elements of the Under Armour logo for use in their own branding. Uncle Martian had also released a new line of trainers that looked exactly like a number of Under Armour products.

Although Uncle Martian claimed to have no knowledge of Under Armour's brand or their place in the market as a competitor, Under Armour nevertheless launched a trade mark infringement lawsuit. In August 2017, a Chinese High Court ordered Uncle Martian to destroy all infringing products and pay over $375,000 AUD in damage compensation.

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What we can learn from this case

Under Armour were diligent in scanning the market for copy cats. By identifying misuse of their brands and products, they were able to both minimise customers associating knock-off clothing with their brand image and prevent Uncle Martian from financially gaining from stolen footwear designs.

Uncle Martian is a cautionary tale from two points of view:

  1. If they WERE unaware of Under Armour's brand, it shows the need for diligent research and professional advice on branding in your intended market place.
  2. In the likely case of their blatant copying of Under Armour's branding and product designs, it shows the power of a dedicated IP strategy to protecting your rights.

Protecting your fashion brand

Keeping ahead of competitors in the Australian fashion industry is challenging as it is – but with specialist guidance and the right legal protection, you can maintain the integrity of your unique brand. For more information on intellectual property rights, contact Alder IP today.