While fashion is a global industry, this article focuses primarily on U.S. design-patent and trade-dress protection, with comparative notes on European Union design law. The distinction matters: the United States places greater emphasis on design patents and the limits imposed by §43(a) of the Lanham Act (15 U.S.C. § 1125(a)), while the European Union offers immediate, automatic protection through unregistered Community design rights (UCDs). As “quiet luxury” shifts brand identity away from logos and toward silhouette, craftsmanship, and construction, understanding how these two systems diverge has become essential. This legal conversation is unfolding against a fragmented market backdrop. The Row reached a $1 billion valuation in 2024, and Brunello Cucinelli outperformed its peers despite a difficult year for luxury. Meanwhile, Gucci saw a 26% revenue drop, and LVMH posted its first decline in five years. Increasingly, the brands gaining market share are those protecting their design language rather than their logos.

While fashion is a global industry, this article focuses primarily on U.S. design-patent and trade-dress protection, with comparative notes on European Union design law. The distinction matters: the United States places greater emphasis on design patents and the limits imposed by §43(a) of the Lanham Act (15 U.S.C. § 1125(a)), while the European Union offers immediate, automatic protection through unregistered Community design rights (UCDs). As “quiet luxury” shifts brand identity away from logos and toward silhouette, craftsmanship, and construction, understanding how these two systems diverge has become essential. This legal conversation is unfolding against a fragmented market backdrop. The Row reached a $1 billion valuation in 2024, and Brunello Cucinelli outperformed its peers despite a difficult year for luxury. Meanwhile, Gucci saw a 26% revenue drop, and LVMH posted its first decline in five years. Increasingly, the brands gaining market share are those protecting their design language rather than their logos.