At the International Trademark Association conference, IP lawyers discussed a range of issues affecting brands, including new legislation, NFTs and the metaverse, customs protection and counterfeiting.
The new law “puts fashion to the test,” Kolsun said, in a good way. “The fashion industry is pretty much self-regulating and there has been a lot of push to add more regulation.” Ultimately, she said the law will require companies to work harder on supply chain transparency and to “hire more people to manage enforcement, but that’s happening anyway.”
She said panelists recommended explicitly mentioning NFTs in any trademark coexistence or licensing agreement and creating mandatory guidelines for their use. “For example, you have to make sure the NFTs are going to be used on marketplaces that have a good reputation and that are consistent with the brand’s, or the IP owner’s, values,” she said. “You also have to ensure that to the extent a third party is creating the NFT, the brand retains all related IP rights.
As for NFTs, Benoliel-Claux said legal chitchat touched on artists’ liberal use of brand trademarks in the. “There was talk of what rights holders can do in response to ensure the best protection of their brands, but also of the fact that artists are asserting their creative freedom,” she said. APRAM will host a conference on NFTs in Paris on June 22, together with INTA.
“In Italy there are major counterfeiting operations, not all of them are flying under the radar,” he noted. “But what’s good in Italy is we have a highly efficient system of injunctions, so that if you have an urgent situation, you can block those goods quickly. Then, to get damages you would have to prove your case on the merits.” In addition to actual damages, brands can seek to recoup an infringer’s profits under the Italian Industrial Property Code.
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