Fashion law attorney
Bespoke law for the fashion industry.
In the dynamic fashion and luxury industry, our fashion law expertise provides essential legal protection for businesses and creators. Our specialized attorneys understand the unique challenges facing fashion brands and the luxury industry, and we are determined to defend their interests with rigor and precision.
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Alexandre Bigot-Joly
Partner
Music law, influence, media, communications & criminal law. Lecturer at CELSA, ISCOM and ESP.
Raphaël Molina
Partner
Intellectual property, business law, criminal law & influencer law. Contributor to the 2023 influencer legislation.
Maria Berrada
Partner
Intellectual property, AI, Web3, GDPR, digital criminal law & eSports. Legal counsel for the French Video Game Federation.
Our services
How we can help you.
Practical examples
Infringement action against fast-fashion copying a textile pattern
A textile designer found a fast-fashion retailer reproducing their exclusive pattern on thousands of pieces. The infringement was documented by a bailiff, stock seizure obtained, and €55,000 in damages awarded.
License contract negotiation for a luxury brand
A young leather goods brand wanted to license its name to an eyewear manufacturer. Royalties, quality control, territorial exclusivity, and termination clauses were negotiated to protect brand image.
Client reviews
What our clients say about us.
“Great responsiveness from all team members, with solutions found quickly and efficiently.”
Christ C.
“We entrusted INFLUXIO with a complex case. Their technical expertise, strategic vision and the quality of their legal briefs were decisive.”
Mia-Line C.
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Insights
Learn more about this area.
Our legal services in fashion law.
Fashion law protects clothing, accessories and collections through a cumulation of rights: copyright (IP Code L.111-1), designs and models (Book V of the IP Code), trademarks and unfair competition. Our firm advises haute couture houses, independent designers and DTC brands on filings, anti-counterfeiting, licensing contracts and environmental compliance (AGEC Act, duty of vigilance).
Trademark filing and management.
Our firm helps you file and manage your trademarks, ensuring robust protection of your identity and reputation in France and worldwide.
Design and model protection.
Our firm ensures your fashion creations benefit from adequate counterfeiting protection.
Copyright for fashion creations.
We advise you on protecting your original creations through copyright, guaranteeing fair recognition and compensation.
Anti-counterfeiting.
Our firm pursues legal actions against counterfeiting, protecting your brand and product integrity.
Licenses and franchises.
We assist in negotiating and drafting distribution, license, and franchise contracts, facilitating your national and international expansion.
Intellectual property audit.
We conduct thorough intellectual property audits, identifying strengths and weaknesses of your portfolio and proposing improvement strategies.
Strategic advice for collaborations and partnerships.
We guide you in concluding strategic collaborations and partnerships, and in your advertising campaigns. We negotiate brand agreements on the French and international markets.
The Legal Framework for Fashion Design Protection.
Fashion creations benefit under French law from a cumulation of protections rarely as favorable in other countries.
Copyright (Article L.112-2 of the Intellectual Property Code) automatically protects original creations, garments, accessories, textile patterns, without filing formalities, provided the imprint of the author's personality can be demonstrated (originality criterion). Design and model filing (Articles L.511-1 and following of the CPI) offers complementary protection based on the novelty and individual character of the creation, for a period of 5 years renewable up to 25 years.
Three-dimensional trademarks can protect the shape of a product when it is distinctive. The case law of the Paris Court of Appeal (pôle 5, chambers 1 and 2) has developed a fashion-specific approach, distinguishing the notion of originality (copyright) from that of individual character (designs and models), allowing creators to choose the most appropriate protection route for their situation.
Sustainable Fashion and Contemporary Regulation.
The fashion industry faces major regulatory developments. The AGEC Law (loi Anti-Gaspillage pour une Économie Circulaire) of February 10, 2020 prohibits the destruction of unsold non-food goods, requiring brands to donate, recycle, or reuse their stock. Decree No. 2022-748 of April 29, 2022 specified the implementation modalities for the textile sector.
At the European level, the proposed Ecodesign for Sustainable Products Regulation aims to impose sustainability and traceability requirements on textile products marketed in the EU.
The French Law of March 27, 2017 on the duty of vigilance (devoir de vigilance) requires large fashion companies (more than 5,000 employees in France or 10,000 worldwide) to establish a vigilance plan covering their entire supply chain.
Online counterfeiting constitutes a major challenge for the sector: the DSA (Digital Services Act) regulation now requires platforms to quickly remove notified counterfeit content, thereby strengthening the tools available to combat the illicit copying of fashion creations.
Contracts, distribution and anti-copy enforcement in fashion.
The fashion industry mobilizes a complex contractual chain: creation contracts, trademark licenses, selective distribution agreements, influencer partnerships and artist collaborations. Our firm secures every link to preserve brand image and maximize the valorization of intangible assets.
Creation contracts and rights assignment.
The assignment of the creator's economic rights (designer, pattern maker, illustrator) must be express, in writing and specify the domain of exploitation, scope, destination, place and duration (IP Code L.131-3). Without these mentions, the assignment is null.
The contract must also organize remuneration (proportional or lump-sum under the conditions of Article L.131-4) and provide for respect of moral rights, including the right to authorship and respect for the work.
Selective distribution and e-commerce.
Fashion and luxury brands frequently use selective distribution, validated by the CJEU (Coty judgment, C-230/16) when selection criteria are objective, qualitative and applied in a non-discriminatory manner. Restrictions on resale via third-party marketplaces are lawful to preserve the luxury image. The Block Exemption Regulation 2022/720 and the Commission's 2022 guidelines frame these networks.
Fighting copies, dupes and 'inspirations'.
Copying fashion items can be combated through a cumulation of grounds: trademark infringement (IP Code L.713-2), design infringement (IP Code L.521-1), copyright infringement (IP Code L.122-4) and unfair competition (Article 1240 Civil Code). Fighting dupes sold online also involves notifications to platforms under the DSA and customs actions under Regulation (EU) 608/2013.
NFTs and virtual copies raise unprecedented questions progressively settled by case law (TJ Paris, 21 December 2022, Hermès v. MetaBirkins).
How is fashion-design copyright enforced in France?
France remains one of the most protective jurisdictions for fashion creators thanks to the principle of cumulative protection: a garment may simultaneously qualify as an original work of authorship (Articles L.111-1 and L.112-2, 14° CPI), as a registered or unregistered design (Regulation EU 2024/2822) and as a three-dimensional trademark when its shape acquires distinctiveness.
Originality is assessed through the imprint of the author's personality. The CJEU ruling Cofemel (C-683/17, 12 September 2019) confirmed that the same originality standard applies across the EU, ending the French requirement of artistic merit.
INFLUXIO secures evidence of creation (envelope Soleau, blockchain timestamp), files designs at EUIPO and litigates infringement before the Paris Judicial Court (specialised IP chambers).
Counterfeiting, parasitic competition and customs.
Beyond pure infringement, fashion houses may invoke parasitic competition (Article 1240 of the Civil Code) when a competitor exploits investment without copying a protected sign. Customs seizures under Regulation (EU) 608/2013 stop infringing shipments at EU borders, frequently coordinated with criminal complaints under Article L.716-9 CPI.
We combine counterfeiting and unfair competition actions for maximum leverage.
Sustainability claims and the AGEC Act.
Since 1 January 2023, the French AGEC Act (10 February 2020) requires environmental information on textiles (composition, traceability, recycled content). The Climate and Resilience Act bans misleading carbon-neutrality claims without certified offset. Brands must adapt marketing assets and supplier contracts accordingly.
Useful glossary in fashion law.
- Cumulative protection
- a garment may simultaneously qualify as copyrighted work (Article L.112-2, 14° CPI), registered design (Regulation EU 2024/2822) and three-dimensional trademark when its shape is distinctive.
- AGEC Act
- French Act n° 2020-105 of 10 February 2020 mandating environmental labelling of textiles (composition, traceability, recyclability) since 1 January 2023.
- Parasitic competition
- wrongful exploitation of a competitor's investment without infringing a protected sign (Article 1240 of the Civil Code), commonly invoked against « in-the-style-of » copies.
FAQ
Frequently asked questions.
Fashion creations can be protected through multiple legal mechanisms: copyright (automatic protection of original designs), design and model filing with INPI or EUIPO, and trademark registration for your brand identity. Our attorneys help you build a comprehensive protection strategy combining these tools.
Key contracts include licensing agreements (brand, design, or trademark licenses), franchise contracts, distribution agreements, manufacturing contracts with confidentiality clauses, and collaboration agreements with designers or influencers. Each must be carefully drafted to protect your intellectual property and brand value.
In case of counterfeiting, it is crucial to act quickly: collect evidence (photos, purchase receipts, screenshots), consult a specialized attorney to initiate a seizure-counterfeiting procedure, and pursue legal action before the competent courts to obtain cessation and compensation for damages.
A fashion law attorney plays an essential role in protecting creations and interests of industry professionals. They advise on intellectual property matters like copyright, trademarks, and designs, handle licensing and franchise agreements, fight counterfeiting, and ensure compliance with sector-specific regulations in France and internationally.
Counterfeiting of fashion products on online marketplaces is a major challenge. The DSA regulation requires marketplaces to implement seller identity verification mechanisms and to promptly process counterfeit content reports. In parallel, platform-specific tools (Amazon Brand Registry, eBay VeRO) allow reporting and removing counterfeit listings.
INFLUXIO combines these tools with traditional judicial procedures.
The Climate and Resilience Law of 22 August 2021 and its implementing decrees progressively require producers and distributors of textile products to display the environmental impact of their products. This obligation aims to combat greenwashing and enable consumers to make informed choices.
The AGEC Law of February 10, 2020 prohibits the destruction of unsold non-food products (clothing, shoes, accessories). Brands must donate, recycle, or reuse their unsold stock. Non-compliance is punishable by a fine of up to €15,000 per infraction for the destruction of unsold non-food products (art. L.541-21-1 Environmental Code).
Yes. Copyright (IP Code L.111-1) automatically protects any original creation from its creation, without formality, for the author's lifetime + 70 years. The unregistered Community design also provides automatic 3-year protection against slavish copying within the EU (Regulation EC No. 6/2002), useful for seasonal collections.
The AGEC law of 10 February 2020 imposes on fashion brands environmental labeling (decree 2022-748), the ban on destruction of unsold non-food items since 2022, eco-contribution via Refashion (eco-organisation), and a duty to inform on traceability, incorporation of recycled materials and presence of plastic microfibers.
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In short
INFLUXIO is a law firm specialized in fashion law, based in Paris. Collection protection, INPI/EUIPO trademarks, designs and models, copyright, counterfeiting actions and fashion licensing.
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