Jankowska Marlena, Brand Imitation. A Cul-de-Sac or an Opportunity for Fashion Lawyers?

It has long been anticipated that from the idea of an ‘information society’ operating in a data-driven economy we will shift to the idea of an ‘information-based economy’ and, subsequently, to that of a ‘knowledge-’ and ‘wisdom-based economy’. Although it is challenging to put a specific date on these periods of civilization, one can easily speculate that the knowledge-based economy is a phenomenon that forces the entrepreneur to forge a distinct intellectual or professional identity. This is because the Internet and new technologies boost competition (via, e.g., Facebook, Instagram, etc.). They also change consumer experiences, expectations, and possibilities. Brand owners must operate in an increasingly hostile environment, as – and this will be discussed later – their brands are copied no longer just by their market competitors, but also by their own clients.

This paper presents a legal analysis of the idea...