Trademarks

The Devil Wears Prada 2: fashion as an intellectual property asset

The Devil Wears Prada 2: fashion as an intellectual property asset

· Trademarks

Watching the sequel, one thing is obvious: this is not a film about clothes. It is a manual on how a fashion house converts design into property.

Four layers of protection in one garment

A single product can carry several rights at once. The brand name and logo are trademarks. The shape or ornamentation can be an industrial design. A distinctive print or pattern is an artistic work protected by copyright. And in some markets a colour or a shape used consistently becomes a non-traditional trademark, as with a red sole or a quilted pattern.

Why fashion litigates so aggressively

Because the value sits almost entirely in the intangible. Manufacturing capacity is available to anyone. The reason a bag sells for a hundred times its production cost is the sign on it, and signs only stay valuable if unauthorised use is stopped consistently.

The lesson for a Mexican brand

If you design and sell physical products, do not stop at the logo. Register the industrial design of anything with a distinctive shape, record original prints with INDAUTOR, and file the brand in class 25 for clothing plus any class you will realistically enter.

Copying is cheap and fast. The only thing that slows it down is a registration you can put in front of a judge or a marketplace takedown team.

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