Fashion Law

Would you buy smelly pants?

Scratch and sniff the denim. Yes, the denim.
I found the scratch and sniff denim below and I’m sharing it as a piggy back on my last post.

Source: tateandyoko.com via Fashion on Pinterest
I told you that design patents are granted for inventions that are new, original, and have ornamental design for an article of manufacture. But I would argue that these jeans should receive protection since the scratch and sniff aspect is not functional. Yet, as I mentioned, design patents protect only the appearance of articles.

I imagine that Naked and Famous denim’s scratch and sniff creation can qualify for trademark protection. As for the process of how they put the scent on the jeans and how they make it stay, they could have also qualified for a patent or possibly have a good trade secret* on their hands.

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*a trade secret is a protected process, practice, formula, pattern, recipe, confidential information, and the like, which is not general public knowledge and protected for an economic benefit. Naked and Famous may have a problem here since they have released information, such as that the scent is baked onto the jeans.

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