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 2026

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

Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
The initial contempt of court claim targeted Stobbs and the firm’s client for allegedly interfering with the administration of justice
Acquisition of platform developed by Boehmert & Boehmert lawyer set to create a combined platform for patent drafting and prosecution in Europe
Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
Gift this article