I’m happy to share my new article published in Fashion Law Journal – May 2023, quarterly (print/E-Magazine), “Selective Distribution System and protection from “misappropriation” of others’ Customer Experience”
Starting by a recent decision of the Court of Rome, by which Polo/Ralph Lauren Group obtained in Italy protection against an unlawful parallel channel of distribution, my reflection is linked to the increasingly attention granted by law (as for example the VABER, firstly adopted on 20 April 2010 and recently entered into force in its new version on 1 June 2022) and case law to properly designed Selective Distribution Systems (“SDS”). Protection of legitimate SDS, primarily aimed to preserve the luxury image of goods and not in contrast with antitrust law, encourages significant investments in the fashion industry, particularly in terms of manufacturing capabilities, innovation, design, building and maintaining of the brand image and of a reputation linked to quality and customer satisfaction.