Patrycja Gierdal | In Principle

Can a renowned trademark be used to encourage participation in a contest? Is displaying someone else’s trademark as a promotional prize merely informational, or is it trademark infringement? The Court of Justice addressed this issue in its judgment of 11 January 2024 in C-361/22, Inditex. The case involved a promotional campaign in the form of a contest, where the prize was a gift card from a well-known fashion brand. The promoter used the brand’s logo in a depiction of the card without the proprietor’s permission.

Influencer marketing is one of the fastest-growing promotional channels. It allows marketers to reach a wide group of recipients. According to a report from Influencer MarketingHub, the global value of influencer marketing topped USD 21 billion in 2023, and was expected to reach USD 24 billion in 2024. The success of a campaign does not depend solely on choosing the right influencer. A key element is a carefully prepared contract adequately protecting the interests of the parties and ensuring proper implementation of the objectives of the campaign.

The growing role of fashion in the world of video games was confirmed by the Roblox report published in November 2023 analysing the behaviour of Gen Z. The survey found that for 84% of respondents, digital fashion is an important part of the game, with 56% of respondents admitting that their avatar’s appearance is just as important to them as their own real-life appearance—up from 42% the year before.