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

Emma Green, partner at Bird & Bird, shares why the Iceland v Iceland dispute could prompt businesses and lawyers to think differently about brand enforcement
Attain IP, developed by two UK patent lawyers, will meet ‘forensic’ needs of patent attorneys by showing a verifiable reasoning chain, according to its co-founders
The High Court of Australia has allowed a fashion designer to retain her registered ‘Katie Perry’ trademark for clothing
Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Abion says integration with Baylos marks an important step in the company’s international expansion plans
Via Licensing Alliance continues its China push as another smartphone manufacturer joins patent pool as licensee
Law firm mergers have the potential to reshape IP teams, and partners who were at the coalface of previous tie-ups say early coordination and flexibility can make the difference
Gift this article