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IP protection in collaborations: "Just Do It"

Black Nike Air Force Ones with Tiffany blue tick, against a Tiffany blue background
15 March 2023
Abigail Dews
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Fans of Nike’s Air Force Ones will have recently seen the launch of the Nike X Tiffany & Co Air Force 1-1837, the first for the luxury jewellery brand, including your very own silver shoebox.

Shoppers should note that the 23-Pound Sterling-Silver shoebox is not included within the $400 price tag. However, shoppers will be lucky to get their hands on a pair of the new trainers following their immediate sell out since launching last month. Nike is no stranger to the success that collaborations with luxury brands can bring. Some of their recent collaborations include collections with Jacquemus, Louis Vuitton & Comme des Garçons.

2022 saw a growing rise in athleisure, with many brands recognising the business opportunities it brings, including reaching new markets and increasing market share through their own performance lines or through collaborations with existing active wear brands.

Brands are increasing the functionality of their products to include features more commonly seen within the active wear space, such as antiviral heating/cooling effects making garments more wearable for consumers. Nike’s collaboration with Jacquemus saw the designer utilise Nike’s Dri-FIT technology, an innovative polyester fabric designed to help keep users dry so they can exercise more comfortably, harder and for longer. Nike’s VP of Catalyst Apparel Design at the time stated that the collaborations enable each partner to advance the other forward in ways that could not have been done alone, embracing both style and performance.

Miu Miu & New Balance also recently announced that they will be releasing new colourways of their popular ‘574 sneaker’ following the success of their first collaboration that debuted during Miu Miu’s Spring/Summer 2022 runway.

As with any collaboration, it is important that brands ensure their Intellectual Property (IP) is in place, and that existing trade mark registrations adequately cover their intended activities, particularly if expanding into a new product range. Care should be taken to identify existing IP and that appropriate licensing agreements are in place between the parties, as well as any new trade marks, registered designs and patent applications that may be required as part of the collaboration and address ownership of such rights at the outset.

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