Fashion industry

We provide pragmatic focused advice that clients working in the fashion industry need.

Whether the work involves contractual drafting, or negotiating the best deal for our clients -be they fashion houses, manufacturers, distributors, model agencies, retailers, photographers and models, or individual designers - or overseeing merchandising deals, we are able to use our industry knowledge combined with our close understanding of business and intellectual property matters to make a difference.

Branding is the key to protecting designers. We register trademarks in the UK, Europe and worldwide at cost effective, value for money, fixed prices. Take a look at our trademark pages to read more about our trademark registration services.

We help designers understand how copyright, and designs, protect their works, and what additional steps they may usefully take to protect their creative products. Invariably, we suggest the evolving stages of designs be protected before showing them. We are also able to register garments and products as registered designs not only in the UK and Europe, but also internationally.

By registering single design items, the design itself can be protected rather than just a specific garment. So a fabric pattern, once registered, would be protected wherever it appeared, on any type of garment or another product. Designers have up to a year from first displaying their novel designs in which to apply for registration, enabling them to test the market before deciding which designs they wish to protect. An EU wide single design registration system means that once a registration is accepted it will be enforceable across all the Member States.

However, design registration is, in practice, not a significant method of intellectual property protection in this fast moving industry because it is little used by the industry even though it would be a lot easier to protect designers ideas from theft if the design registration system were used. It would make a stronger case against counterfeiters.

To bring an action against counterfeiters through unregistered design right and copyright, you have the burden of proving the infringer copied your work. Conversely, if your design is formally registered, no such proof of copying is required. If a later design is the same or similar to a registered design, whether or not it is a copy, then the later design will be an infringement of the registered design. The owner of the registered design will be allowed to demand a licence fee, or order the infringing designs to be removed from the market.

For manufacturing or subcontracting work abroad, you need agreements that protect your brand and secure your rights.

Another key area in which our advice is sought is in relation to terms and conditions. Clearly drafted terms and conditions reflect your business and how it operates – from delivery times to payment details. We recommend you deal on standard terms to manage relationships with suppliers and customers more easily.

Licensing and Manufacture

As your brand matures, the range of products you offer will grow. Licensing gives you the opportunity to move into new product areas and geographic markets, broadening your brand's appeal at minimal risk by specifying who can use your brand and how.

Distribution

Maintaining a good relationship with your distributors worldwide is an important aspect of your business. To help with this, a well-drafted distribution agreement is essential to clarify each party's rights. This avoids disputes.

Agency and Franchise

We can assist in drafting and advising on the terms of agency and franchise agreements, one of the most crucial relationships for fashion businesses.

To discuss how we might be able to help you please either telephone us or if you prefer email us, letting us have your contact details.