Beauty & Fashion

The Beauty and Fashion industry has unique concerns when it comes to IP, especially considering the relatively short life span of fashion trends, the proliferation of counterfeits and imitation products, and the prevalence of social media posts of beauty and fashion items. Strong brand protection is essential to prevent counterfeits and to protect a company’s goodwill.

IP protection for things such as the color and design of apparel, jewelry, and shoes, and the unique formulations, textures, and scents of perfumes, cosmetics, and skin care products, may be vitally important to differentiate a client’s products from that of its competitor. Confidentiality and non-disclosure agreements and licensing are also critical in this industry. Gray market and first use considerations are common issues. Various phone apps that let consumers try on makeup and products before buying should be considered for patent protection. Counterfeiting and imitations are common in this industry and the advent of 3D printing brings additional infringement concerns. Finally, different jurisdictions around the world have differing laws in protecting fashion and beauty. OBWB has the expertise and background to advise its clients on all IP and related issues in this nuanced arena. Some of the more common areas in which we represent our clients include: