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fashion, design & lifestyle

Schoenherr provides fully integrated legal advice to clients across design-driven and brand-sensitive industries.

The fashion, design & lifestyle industry is built on creativity, innovation and brand identity – and demands increasingly robust legal protection. Product piracy, "dupe culture", lookalikes, parasitic trade dress, AI-enabled ultra-fast copying and sophisticated unfair competition practices pose serious and evolving threats to businesses whose value is built on design and brand identity.

Schoenherr combines deep expertise in trademark and design law, anti-counterfeiting and unfair competition with transactional IP, regulatory and dispute resolution capabilities. We advise on complex domestic and multi-jurisdictional matters throughout Central Eastern Europe.

Whether you are a global luxury house, an established consumer brand or an emerging design-driven business, we advise on the protection, enforcement and commercialisation of your most valuable assets: your designs, brand identity and product authenticity.

our services

Protecting individual designs and distinctive trademarks is essential to preserving their commercial value. Schoenherr advises on the protection and enforcement of intellectual property rights and product authenticity. Beyond brand protection through registered trademarks, our expertise covers:

  • Registered and unregistered design protection (EU and national)
  • Strategic design filing and portfolio management
  • Trademark protection for product shapes, packaging and get-up
  • Design and brand audits – identifying gaps in existing IP portfolios
  • Licensing and commercialisation of design rights 

For further information, see trademark & design management.

Counterfeiting and product imitation undermine brand value, market share and consumer trust. Schoenherr protects your interests through targeted enforcement strategies across online and offline channels.

From classic lookalikes to AI-enabled imitation, Schoenherr helps you tackle unfair competition in all its forms. We advise on and pursue legal action against, as well as defend against claims involving:

From how fashion is sold and experienced to how it is made and marketed, the industry raises complex legal questions. Schoenherr provides integrated, sector-specific legal advice to help you navigate these challenges.

Content creator marketing has become central to the industry, but the digital landscape brings significant legal challenges, from advertising compliance to the unauthorised use of content and brand assets. Schoenherr advises brands, agencies, platforms, content creators and digital entrepreneurs on the legal complexities of digital marketing.

Turning creative assets into commercial opportunities requires agreements that protect brands, define relationships and support long-term growth. Schoenherr drafts, negotiates and defends the full range of commercial agreements in the luxury, design & lifestyle sector.

When intellectual property rights are challenged or commercial disputes arise, swift and effective legal action can be critical. Schoenherr represents you before national and EU institutions and courts in all manner of IP, unfair competition and commercial disputes.

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our experience

A selection of our recent work:

Schoenherr is running large-scale, ongoing piracy enforcement for internationally leading luxury products companies on the Austrian market, combining registered trademark and design rights with copyright and unfair competition law.

Schoenherr coordinated a cross-border anti-counterfeiting programme for internationally active branded goods companies, tackling counterfeit and manipulated-label products across CEE, Turkey and Northern Africa through customs detentions, cease-and-desist actions and criminal complaints.

Schoenherr is representing an internationally renowned collectible toy and lifestyle brand in the enforcement of rights across its best-known collections, including trademark, copyright and unfair competition claims, preliminary injunctions and seizure of counterfeit products.

Schoenherr has represented international clients operating in the fashion and interior design industry in several pan-EU design infringement proceedings, including preliminary injunction proceedings before the Austrian Supreme Court based on registered EU designs.

your experts

Our dedicated team brings together experts from across the Schoenherr network to deliver seamless, industry-focused legal support wherever your business needs it. 

Contact us.

Birgit
Kapeller-Hirsch

Counsel

austria vienna

Anna Katharina
Tipotsch

Associate

austria vienna

Christian
Schumacher

Partner

austria vienna

Yoana
Strateva

Attorney at Law

bulgaria

Tiberiu
Protopopescu

Senior Attorney at Law

romania

Dominik
Hofmarcher

Partner

austria vienna

Antonia
Hirsch

Attorney at Law

austria vienna

legal updates

blog

23 September 2026

austria

B.Kapeller-Hirsch

When even icons fall: design lessons from the Crocs saga

The Crocs clog is one of the most recognisable shoe designs in the world. The Design Museum London even included it in its publication Fifty Shoes That Changed the World. Yet, on 22 April 2026, the General Court of the EU (GC) declared the corresponding Registered EU Design invalid for a second time (T-228/25). The message is clear: no design is untouchable, regardless of how famous, commercially successful or culturally significant it may be.

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blog

The double life of design

Between originality and individual character: protecting design objects under EU copyright and design law

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publication

Zwischen Originalität und Eigenart - Schutz von Designobjekten durch Urheber- und Designrecht

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blog

11 August 2025

austria

B.Kapeller-Hirsch

Share, tweak, register: your one year safety net for EU design rights

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blog

12 September 2025

romania

T.Protopopescu

The future of IP: blockchain vs. counterfeiting

Counterfeiting is an increasingly prevalent phenomenon within the EU, to the detriment of both its citizens and holders of intellectual property rights. To put this into perspective, counterfeit and pirated goods within Member States have an estimated value of up to EUR 119bln, representing up to 5.8 % of all imports.

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blog

The new EU design legislation: key updates and changes

The European Union has recently enacted a significant overhaul of its design protection legal framework, aimed at modernising and aligning it with the digital age by addressing new challenges posed by technological advances and market globalisation. The new EU Design Legislative Reform Package, published in the Official Journal on 18 November 2024, introduces substantial changes that will impact design holders and practitioners across the EU.

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publication

Schwerpunkt Produktausstattungsschutz

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blog

Shush, don't tell! Secret design applications in Austria and the EU

Both Austrian national designs as well as Registered Community Designs with EU-wide protection can initially be filed without disclosure (i.e. secret applications). This means that their publication will be deferred. Secret design applications generally make sense if the applicant is interested in keeping a design undisclosed for as long as possible. The precise national and EU-wide regulations are not completely uniform.

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blog

Tips & tricks to ensure legal validity of a design registration

What do the terms "novelty" and "individual character" mean and why are they so important?

As mentioned in our blog post of 23 April 2024 (link), several criteria must be met to ensure the legal validity of a design registration.

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blog

What do you need for a design application in Austria?

Designating designs

As we already noted in our blog article of 19 March 2024 (link), intellectual property covers more than "just" trademarks. A design is particularly recommendable if the external appearance of a product or part of it is to be protected.

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newsletter

EU: Puma faces design protection hurdle after Rihanna's Instagram exposure

The publication of designs prior to filing for EU-wide protection can lead to invalidity. A sneaker design by Puma was declared invalid due to its prior publication by Puma creative director Rihanna on Instagram.

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media coverage

Rihanna revealed design with post on Instagram

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roadmap

I spy with my little eye …

There has been a lot of movement and prognosticating lately in the world of IP to gear up for the future of an oft-forgotten but all the more useful legal instrument: designs.

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publication

Fashion 3.0 - Modedesign im Metaverse

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newsletter

EU: How to rescue a design

Have you ever wondered whether you can modify a registered community design ("RCD") that is challenged by an application for declaration of invalidity by removing certain prohibited design elements to maintain the registration?

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publication

podcast | Brands Pop-Up: Fashion 3.0

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newsletter

30 August 2021

austria

B.Kapeller-Hirsch

Unregistered community designs: a secret weapon in design protection?

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