Canada’s Intellectual Property Firm

Luxury Goods & Apparel

Luxury goods require strong brand protection and IP enforcement

Intellectual property, an essential element of business success in the luxury goods and apparel sector, must include both defensive and proactive strategies.

In the modern marketplace, well-known companies and luxury brands are a primary target for counterfeiting. Name recognition and the perception and allure of luxury goods are valuable, intangible assets that need protection by strict enforcement of IP rights to avoid loss of sales, brand name dilution, and other damaging effects caused by counterfeit and grey-market goods, and piracy. Focused and targeted anti-counterfeiting strategies require the full scope of defensive IP, including protection of copyright and trademarks against infringement, cooperation with customs and other authorities, and constant online monitoring and enforcement. Protecting against counterfeiting is vital and must be factored into every IP strategy.

Proactive, focused and detailed IP strategy should be skillfully aligned with each brand’s unique business and marketing objectives to advance a company’s overall economic goals. From the first stages of development through to advertising and marketing, precise and focused IP counsel and advice can protect market share, and identify and capitalize on trends and emerging markets.

Technical expertise

With the growth and evolution of the luxury goods industry, the team at Smart & Biggar stays on the leading edge of this important sector both in Canada and internationally. For more than a century, Smart & Biggar has been at the forefront of innovation and change relating to all aspects of the luxury goods market. As the world moves into an increasingly competitive era, our depth of technical expertise remains unrivalled.

The team at Smart & Biggar has strong expertise in anti-counterfeiting measures, online and cybersecurity, and emerging technologies. Many of our lawyers have extensive industry experience in product development, engineering, and research and development. With an interdisciplinary approach and a sophisticated understanding of product development and manufacturing processes, our lawyers ensure our clients capitalize on cutting-edge IP strategies to support their business objectives and corporate vision.

Legal expertise

Our lawyers develop trademark and copyright strategies to establish exclusive IP rights for companies and brands, including the registration of names and logos for a new product or business, the protection of existing trademarks against infringement, or handling claims of trademark infringement. Whether our client is an innovative startup or a world-famous fashion brand, our team of experts offer precise and targeted strategies tailored to each unique brand.

As the largest firm practising exclusively in intellectual property law in Canada, our clients are some of the most innovative and well-known companies in the luxury goods sector. We are highly effective strategists who have handled a significant share of Canada’s most commercially important and technically complex intellectual property law cases, with many leading Canadian precedents. Our lawyers are also highly skilled litigators who have appeared at the highest appellate levels of common law and civil law courts, including appearing before the Supreme Court of Canada on more than 50 occasions. We have significant experience in multijurisdictional cases, not only representing clients in the Canadian aspects of the dispute, but participating in the coordination of litigation, enforcement and anti-counterfeiting strategies worldwide.

The global luxury good industry is hotter than ever

There has been worldwide growth in the luxury market with overall positive performance across all segments, including luxury clothing, shoes, jewelry, bags, and beauty products as well as in gourmet food and fine dining, and luxury hospitality and cruises. This trend is expected to continue, led by demand from China and other Asian countries, a strong U.S. economy, the acceleration of online channels, and demand from younger, logo-driven consumers.

Companies and brands must be proactive in protecting international IP rights. Counterfeiting is a global problem and misappropriation of IP rights can cause significant market share and sales losses to companies and brands. It is critical that luxury brands identify global market trends and stay up-to-date on new emerging technologies. IP protection for luxury goods remains challenging and an important issue continuing to affect international trade. With a global vision and a vast network of contacts worldwide, Smart & Biggar offers strategic IP management and protection for both our domestic and international clients.

Our depth of experience is unmatched

Our technical and legal expertise allow us to offer integrated, forward-thinking IP solutions quickly and efficiently. We provide strategic and focused IP protection and handle every situation with focus and precision.

Our services include:

  • Copyright and trademark filing & prosecution
  • Advising on brand names & logos
  • Design protection & enforcement
  • Infringement and validity counselling
  • Anti-counterfeiting strategies & enforcement
  • Licensing opportunities
  • Business development

Client Success

Unparalleled Expertise in Luxury Goods & Apparel