When fashion brands get in trouble over trademarks: Three lessons for small labels

1) Locked out of China: The Manolo Blahnik case

For more than twenty years, luxury shoemaker Manolo Blahnik could not sell under his own name in mainland China. A local businessman had registered the trademark “Manolo Blahnik” long before the designer entered the market.

It took years of legal battles before the brand finally reclaimed its name in 2022. By that point, the company had missed out on one of the world’s largest luxury markets.

In many countries, trademark rights go to whoever files first, not necessarily to whoever created the brand. If you plan to sell or manufacture internationally, register early. Waiting until you expand globally might be too late.

2) Rebranding overnight: Zara vs ZaraBumba

In 2014, Canberra business owner Neda Luketic was forced to rename her children’s clothing brand ZaraBumba after receiving a legal notice from global retailer Zara. Luketic had named the business after her daughter and registered it as a business name, but she never filed a trademark.

Zara claimed the name was too similar to its own and could confuse shoppers. Luketic considered fighting the case, but the costs were too high. She eventually rebranded to Z & Co, relaunching her products with new labels and packaging.

This case shows a common misunderstanding among small business owners: registering a business name is not the same as owning a trademark. Only a trademark registration gives you exclusive rights to use that name and the legal grounds to defend it.

3) The “David vs Goliath” win: Katie Perry vs Katy Perry

In 2023, Australian designer Katie Taylor, who sells clothing under her birth name Katie Perry, won a trademark battle against pop star Katy Perry. Taylor had registered “Katie Perry” as a trademark in Australia back in 2008, a year before the singer became internationally famous.

When the pop star’s merchandise for her 2014 Australian tour used the name “Katy Perry,” Taylor sued for infringement. The court agreed that the merchandise breached her trademark, ruling that Taylor’s registration gave her clear legal ownership of the name in Australia.

The judge dismissed a request from the singer to cancel the designer’s trademark, and Taylor described the outcome as a “David and Goliath” victory for small businesses. Her story shows that even when facing a global celebrity, having a properly registered trademark can level the playing field.

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Lessons for small brands

Every brand starts small: from a home studio, a sewing table, or an online shop. But the moment your name starts getting attention is also the moment it becomes vulnerable. Someone could copy it, register it first, or force you to start over just when things are finally taking off.

The difference often comes down to timing, knowledge, and a few smart steps at the start. Here’s what every growing label should keep in mind:

• Choose a distinctive name. The more unique your brand name, the easier it is to register and defend.
• Register early, even if you’re small. Filing as soon as you choose your name is the best way to secure it as a long-term business asset.
• Think globally. If you manufacture abroad or sell internationally, file in those markets too. First-to-file countries like China can lock you out of your own name if you delay.

Before you launch your next collection, take a moment to secure your brand’s future. A free trademark check can help you find out if your name is available and what steps to take to protect it, so that when your moment comes, your story stays your own.