Legal services in fashion law

KIEŁTYKA GŁADKOWSKI has vast expertise in handling cases and supporting all entities (particularly with international shareholding structure) operating in the fashion industry in the Polish market:

1. we represent foreign intermediaries in all legal problems of the supply chain and mass retailing in large areas;

2. we advise owners of large fashion brands in the process of clothing production and design, based in, among others, the economic zone in Łódź (Central Poland);

3. we use our experience in legal protection of greenfield investments in manufactories and factories in the greenfield clothing industry;

4. KIEŁTYKA GŁADKOWSKI negotiates the terms of cooperation of foreign clients of fashion brands in VC transactions in the development of blockchain technology with Polish software service providers in order to improve supply chains;

5. We negotiate the terms of participation and financing of industry events also with the participation of legal issues related to METAVERSE and NFT.

KIEŁTYKA GŁADKOWSKI advises on investments and legal support for brand development in Poland based on the METAVERSE environment and NFT technology:

– we negotiate the development of software and dedicated NFT digital platforms for selected fashion brands;

– we create a legal environment for end users;

– we create legal conditions for the issue of intellectual property and industrial design property;

– we negotiate the terms of cooperation of foreign investors with Technology Transfer Centers of public institutions in Poland and universities in spin off and spin out investments;

– we support the processes of rebranding store space in consumer turnover;

– we deal with and assist with all legal aspects of FINTECH for foreign entities in the fashion industry.

The fashion area, like any other industry, entails a number of legal problems. The intensive development of the fashion industry results in the conclusion of agreements and contracts, often international ones, which concern intellectual property, are associated with advertising or the use of trademarks.

Establishment of a clothing brand in Poland

The very establishment of a fashion brand must be done in accordance with the law. Selling your own products or distributing another brand’s products requires the establishment of a business or partnership. Each case should be treated individually and the choice of business model should suit the client in terms of taxation, liability and the way of running the client’s fashion brand.

Trademark and product design

After deciding to run a business, one of the first things to do is to come up with a name for the business or product. This involves the transfer of proprietary copyrights and the registration of a trademark in the appropriate Polish, European Union or US register.

The same applies to the product design – it can also be registered. In addition to registration, it is protected by Polish copyright law, and in the case of counterfeits or other actions to the detriment, it is possible to use claims under the Act on Combating Unfair Competition.

Relations and cooperation with other entities

The issue of employment or other forms of cooperation is important due to its basis, which is agreements or contracts. The terms of cooperation are set out in the contract with the employee or other external subcontractor. Legal assistance in negotiations is of great importance, because incorrect provisions in the contract may result in, for example, unfavourable jurisdiction of the court, problems with the deadlines for implementation, or acceptance of individual stages of cooperation. Certain rules of relations with other entities can be regulated already at the stage of establishing a brand in an agreement called founders’ agreement. However, the individual elements of contracts and the manner they are constructed depend on the type of contract, so an individual approach to each situation is needed.

Brand protection against unfair competition

An act of unfair competition is an action contrary to the law or fairness, if it threatens or violates the interest of another entrepreneur or customer. Imitation of products, unfair or prohibited advertising, or secret entrepreneur – all this is subject to legal regulations. The fight against employee poaching is also important, but the use of appropriate clauses protects the business against the takeover of employees by a competitor.

The distributor or manufacturer of a given product may specify whether the contractor may sell other products, and if so, which ones. It is necessary to properly protect oneself from competition in the case of counterfeits.

Marketing and advertising on the Internet

Advertising and marketing activities must comply with the law and important issues must be settled with the subcontractor – employee or advertising agency. This is important due to copyright . It is worth securing oneself so that after the cooperation is completed, one will become the owner of the copyright.