The Future of Fashion Law: Key Takeaways from The Fashion Law Conference

Redefining brand value and marketing strategy for the future

As trends emerge overnight, effective brand management depends on authentic storytelling, timing, and adaptability.

• Authenticity Storytelling. Consumers reward brands that can convey a story or narrative with authenticity and purpose. Narrative remains a powerful driver of connection, but panelists cautioned that “buzz for the sake of buzz” can dilute brand integrity. Campaigns should be anchored in strategy and tested for timing, tone, and authenticity before launch.
• Adaptability as a competitive advantage. Successful companies balance legacy with agility. As one panelist noted, “You can’t be stuck with one playbook.” Collaborations such as the partnership between LVMH’s Moynat brand and Labubu exemplify how even heritage brands evolve to engage emerging audiences without sacrificing identity.
• Distinctiveness through defensibility. In saturated markets such as beauty, brands that can point to proprietary ingredients or protectible formulations are better positioned to sustain long-term value.
• Market segmentation as growth strategy. While brands often focus on major metropolitan markets, panelists highlighted the value of engaging regional and secondary markets, where untapped loyalty and purchasing power can bolster stability and long-term growth.

Enforcement in the "age of attention"

Traditional IP enforcement remains essential, but panelists emphasized the need for a nuanced, strategic approach tailored to the realities of modern media and consumer engagement.

• Targeted enforcement. Focused action against high-impact counterfeiters yields greater results than broad, resource-intensive campaigns.
• Reputation management as enforcement. In an “attention economy,” legal actions can be co-opted for publicity. Some companies have found success by deploying non-legal strategies, such as partnering with influencers to counter misinformation or spotlight bad actors, to complement traditional enforcement approaches.
• Experiential marketing as a defensive moat. Experiential brand marketing remains one of the few assets that cannot be replicated or “duped.” Offering in-person engagement opportunities enhances both brand protection and consumer connection.

Disrupting and monetizing the new retail model

Technology and data analytics are transforming how companies understand and engage with consumers. The next wave of retail growth will be defined by personalization and accessibility.

• AI-enabled insight. Companies increasingly leverage AI and consumer data to study the shifts in demand and refine product strategy.
• An evolving view of data. The panelists stated that certain data has indicated that younger consumers are more willing to exchange personal information for convenience and personalization, though breaches or misuse can quickly erode trust.
• Responsive product strategy. The panelists also noted that inflation and changing consumer sentiment are reshaping perceptions of value. One jewelry brand, for example, successfully introduced 10k gold alternatives to its 14k offerings in response to rising material costs, aligning with consumer preferences for accessible luxury.

Takeaways

For in-house and outside counsel alike, the panels underscored that an IP protection strategy extends beyond registration and enforcement; it requires understanding how cultural relevance, consumer perception, and data stewardship contribute to a brand’s value. Those who can align and adapt the legal strategy with commercial, technological, and reputational considerations will be best positioned to help clients maintain market leadership in a rapidly evolving environment.

Authored by Angela He.