Law and Order in the Fashion World

In 2021, artist Mason Rothschild began a project called “MetaBirkins,” NFT Birkin bags he sold for $450 piece. Alarmed by the exact likeness to its signature Birkin bag, Hermès immediately took legal action as more MetaBirkins were released and successfully sold online. The historic French brand argued that the digital bags are a violation of its trademark considering they are not affiliated with the label. The defense debated back that it's not a violation of trademark policies due to NFTs being defended by First Amendment rights. In February 2023, the jurors officially decided in the favor of Hermès finding that the NFTs were not protected by free speech. As a result, Hermès was awarded $133,000 in damages.

On January 3, 2023, Adidas and Thom Browne went to court after Adidas filed a trademark infringement and dilution complaint against Thom Browne stating that the label was “selling athletic-style apparel and footwear featuring two, three or four parallel stripes in a manner that is confusingly similar to [Adidas’s] three-stripe mark.”

Adidas sought a little more than $867,000 in damages and $7 million in additional profits. In rebuttal to Adidas' claims, the high fashion label expressed that the sportswear brand did not push any action in 2008 after Browne revealed his signature four stripes, therefore it was not acceptable to wait so long to claim there was a problem. The design house also stated that Thom Browne and Adidas aren't even direct competitors, meaning that consumers shouldn't be confused about the stripes since the brands serve two different customers. Ultimately, the court ruled in Thom Browne's favor as the jury decided that the brand was not liable for damages or profits earned from selling their trademark product items.

In July 2022, Dior sued Valentino for staging a fashion show that blocked the house's Rome boutique. Dior alleged that Valentino prevented would-be customers from entering the Dior boutique by blocking the barriers and refusing to let them leave the Spanish Steps area. Consequently, the boutique was empty and unable to operate on Friday. The house is demanding 100,000 euros within 15 days from Valentino and will take "necessary measures" if the designer fails to pay. 

Hermès’ relationship with LVMH (Moët Hennessy Louis Vuitton) has always been a tense one. Its identity as a family-run French brand conflicts with LVMH’s position as a major international conglomerate. In 2010, LVMH owned 14.2 percent of Hermès and claimed that it did not intend to garner any more control over the brand. However, in a matter of years, LVMH announced that its holdings increased to 22.3 percent. This news came to Hermès’ then-CEO Patrick Thomas just a few hours before it hit major news outlets everywhere. This unanticipated move caused a series of lawsuits to ensue until LVMH agreed upon divestment in 2014.

In 2010, the legendary motorcycle club, Hells Angels, sued luxury designer Alexander McQueen on the basis that the British fashion house was misusing its trademarked winged death heads symbol. The Hells Angels, which operate a fully-functioning corporation, cited that a four-finger knuckle duster ring and a women's handbag both carried the group's signature winged death motif. McQueen settled the lawsuit by agreeing to destroy the merchandise which showcased the signature.

In 2011, John Galliano was removed as head of Dior in the wake of his use of problematic anti-semitic slurs. After his dissapointing outburst was captured on camera, Galliano's position as a notable figure in the fashion world was tainted. However, just a matter of months later, he filed a lawsuit against his former employer for approximately $18.8 million. Galliano alleged that he was wrongfully terminated, but the court ultimately rejected his claim.

In 2012, Christian Louboutin entered a legal dispute with Yves Saint Laurent after the luxury brand released a high-heeled shoe that included an all-red sole. After an 18-month-long battle in court, both brands ultimately had their way. The court concluded that Louboutin had the right to trademark protection over its red soles and that other companies may continue to sell shoes with a red sole, so long as the entire shoe is red. Saint Laurent was able to keep this shoe as a part of its collection due to the fact that it was completely red. 

Gucci and Guess were wrapped up in a nearly decade-long legal battle that ultimately ended in an agreement in 2018. The litigation, which was centered around Gucci's claims that the retailer used a logo and diamond pattern that infringed its trademark, spanned multiple countries including Italy, France, Australia, and China. The first legal action was taken in 2009, when Gucci accused Guess of counterfeiting, unfair competition, and trademark infringement. 

Gucci first took Guess to a New York federal court in 2009, accusing the brand of counterfeiting, unfair competition, and trademark infringement, based on a pair of branded sneakers. In 2012, the Italian luxury label was awarded $4.7 million in damages. In its international proceedings, Milan and Paris sided with Guess, while China and Australia ruled in Gucci's favor. The terms of the 2018 agreement were not discussed, but both brands made a joint statement saying, “The agreement is an important step for both companies in recognizing the significance of protecting their respective property portfolios and design creativity."

In June 2020, Maison Valentino teamed up with Amazon to file a joint lawsuit against an Amazon marketplace seller who was producing and selling countless counterfeit versions of Valentino's famous Garavani Rockstud shoes. Despite Amazon's stringent policies against counterfeits, the e-commerce powerhouse has provided a platform for major dupe distributors to reach international buyers ever since its inception. With Valentino, Amazon alleged that the Kaitlyn Pan Group engaged in “knowing and willful” infringement of Valentino’s patented design, and as a result, the seller was removed from Amazon entirely.