Created by Olivera Medenica, a U.S. attorney widely recognized for her expertise in fashion law and intellectual property, the Fashion Law and Innovation Conference has become a leading annual forum for practitioners and stakeholders in the creative industries. Since 2017, the French-American Bar Association (FABA) has co-sponsored the event, and as of 2018, the Federal Bar Association (FBA) has also joined as a sponsor, further strengthening its institutional and transatlantic dimension.
The October 4, 2019 edition was held at La Maison du Barreau in Paris, a landmark venue located on the Île de la Cité and dedicated to fostering dialogue between legal and business professionals. Co-sponsored by FABA, the conference brought together attorneys, in-house counsel, intellectual property specialists and representatives of professional organizations to discuss contemporary fashion law issues from a comparative France–United States perspective.
The morning opened with welcome remarks and breakfast, including introductory comments by Céline Bondard, President of FABA in France, and Olivera Medenica. Conducted entirely in English and accredited for continuing legal education, the program was structured around three successive panels designed to provide both strategic and practical insights.
The first panel, “The Five Senses: The Rise of Non-Traditional Trademarks in the Fashion Industry,” examined the growing importance of non-traditional trademarks in an industry where the functional aspects of products may complicate brand protection strategies. Panelists discussed the limits of trademark and trade dress protection, as well as the higher evidentiary burdens and costs associated with obtaining and enforcing such rights. A comparative review of recent litigation in the United States and France highlighted differences in judicial approaches and their strategic implications for fashion companies.
The second panel, “Modern Silk Road: Cross-Border Anticounterfeiting Strategies,” focused on the global impact of counterfeiting and the evolution of distribution channels, particularly online. Discussions addressed the sale of counterfeit goods through social media, online marketplaces and second-hand platforms, as well as the legal and operational strategies implemented to combat these practices. Speakers shared innovative solutions and practical experience in international cooperation and rights enforcement.
The third panel, “Social Media Marketing and Fashion: Confluence of Influencer and Native Advertising?”, addressed digital marketing and communication challenges within the fashion industry. Topics included the legal framework governing advertising campaigns, the negotiation and enforcement of contracts with model agencies, the legal status of influencers, and the evolving protection of image rights in a context marked by increased scrutiny, particularly since the #MeToo movement. The discussion underscored the need for an integrated approach combining advertising law, employment considerations and intellectual property protection.
The 2019 edition confirmed the added value of the Fashion Law Conference as a privileged forum for dialogue between French and U.S. practitioners. By co-sponsoring the event, FABA contributed to strengthening ties between the two legal communities and to promoting comparative analysis on issues central to contemporary fashion law practice. Beyond the panels, the conference fostered professional exchanges and reinforced a dynamic transatlantic network.