How luxury culture will shape the law

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

How luxury culture will shape the law

How will shifting consumption patterns affect brand protection? That was one of the questions posed at the INTA panel, Trademarks at the Crossroads of Trade and Culture

Professor Irene Calboli of Marquette University Law School and the National University of Singapore pointed out that though trademarks are intended to be a source indicator, there has been a shift in the last 50 years and trademarks now play a much bigger role in our cultural dialogue.

Shifts in cultural norms are now bringing changes to trademark law. Professor Dan Hunter of Queensland University of Technology and New York Law School said that as luxury buyers move away from goods with large and highly visible logos to more subtle design-based indicia, such as flared gussets on women’s handbags, companies will increasingly rely on trade dress protection. This, Hunter explained, can be legally very challenging.

“Some of the areas in trademark law that are the most problematic from a theoretician’s point of view stem from the interaction between trade dress and functionality, trade dress and distinctiveness,” he said. “You end up having to make these extremely difficult determinations that end up being a crapshoot as to whether they turn out the way you want.”

more from across site and SHARED ros bottom lb

More from across our site

The five-partner team enhances Sheppard Mullin’s technology and life sciences capabilities, expanding its IP practice to more than 130 practitioners
In an exclusive interview, Rouse CEO Luke Minford, Arnold & Siedsma managing partner Steve Duxbury, and Wrays executive chairman Gary Cox discuss plans to build the world’s first ‘truly integrated’ global IP services business
Benjamin Grzimek, partner at Casalonga’s new Düsseldorf office, believes the firm is well-placed to challenge German UPC dominance
A lot of the reporting around the Anthropic settlement misses something critical: it isn’t that relevant to AI training, argues Rebecca Newman at Addleshaw Goddard
Justin Hill and Marie Jansson Heeks, part of an 18-strong team to have joined Crowell & Moring, explain why IP client advice must go beyond only being called upon for patent disclosure
To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Gift this article