Trademark Confusability and the Role of Collaborations in Fashion Brand Disputes
The fashion industry’s reliance on brand collaborations has become a defining feature of modern marketing. Yet, these partnerships can blur trademark boundaries, creating complex legal questions about consumer perception and brand identity. A recent case involving Paige LLC and Sage and Paige Collective Pty Ltd underscores how courts navigate these challenges, particularly when similar brand names may mislead consumers.
Paige LLC, a U.S.-based fashion house, opposed the registration of trademarks owned by Australian retailer Sage and Paige Collective Pty Ltd (S+P). Paige argued that the S+,P trademarks, which included the name “Paige,” were deceptively similar to its own registered marks. The dispute hinged on whether consumers would confuse the brands, especially given the prevalence of collabs in fashion.
The court ultimately ruled in favor of S+P, emphasizing that while collabs are a common trend, they do not inherently create a likelihood of confusion. Key factors influencing the decision included the structure of the S+P trademarks: the placement of “Sage” as the primary element, the vertical stacking of the names in one mark, and the use of a plus sign instead of the typical “x” in collabs. These design choices, the court noted, reinforced the impression of a singular brand rather than a partnership.
Paige’s argument also rested on its reputation in the market. However, the court found that Paige’s limited marketing efforts in Australia and lack of country-specific records weakened its claim. This highlights a critical lesson for businesses: trademark protection must be proactive, especially in international markets where brand recognition may vary.
For companies navigating trademark law, the case illustrates the dual-edged nature of collabs. While these partnerships can drive innovation and consumer engagement, they also pose risks of diluting brand identity or triggering legal disputes. Businesses must balance creative collaboration with strategic trademark monitoring to avoid costly conflicts.
IP Defender monitors national trademark databases for conflicts and infringements, helping brands like Paige and S+P avoid the pitfalls of overlapping trademarks. By tracking registrations across 50+ countries, IP Defender ensures businesses can act before disputes escalate. The service is designed for companies that need to protect their intellectual property without the burden of manual oversight.
As the fashion industry continues to evolve, the interplay between brand collaborations and trademark law will remain a focal point. Understanding how courts assess confusability in such cases is essential for protecting intellectual property while fostering innovation.