Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 25, Issue 9
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Don’t Stagnate, Collaborate: NikeSkims and The Importance of Brand Collaborations
In February, Nike and Skims announced that they will be working together on a new brand, NikeSkims. The co-brand will create a new line of training apparel, footwear, and accessories specifically designed to meet the unique needs of women athletes.
Combining these two well-known trademarks into a new brand is the latest example of brand collaboration, where brands work together to drive business growth. While not a new concept, brand collaboration has become more prominent with the rise in and importance of digital marketing and social media. It is a useful marketing tool that allows a business to cultivate a relationship with new and existing customers and develop loyalty to the brand.
This particular collaboration just makes sense. Both brands have made names for themselves, along with billions of dollars, by knowing their clientele and their needs. Nike excels at creating products designed to improve athletic performance. Skims’ success comes from a dedicated focus on creating inclusive women’s shapewear options for different body and skin types. This collaboration leverages the combined strengths of Nike and Skims to capitalize on the recent growth and investment in women’s sports. By merging their unique knowledge and experience, Nike and Skims cross-pollinate their existing customer bases and tap into new avenues of growth for each brand.
However, not all brand collaborations seem a match made in heaven, or digital heaven.
At first blush, Fortnite, a wildly popular first-person shooter video game, and Travis Scott, a successful rapper and singer-songwriter, seemed an odd pairing for purposes of a brand collaboration. This combination, however, resulted in the largest ever concert with almost 12.3 million players logging on to Fortnite to watch a digital concert performed by Travis Scott. They have since gone on to launch popular Travis Scott “skins” that players can purchase and use while playing Fortnite. An unusual pairing certainly, but a brilliant example of the power of brand collaborations.
While a collaboration does not have to make sense to work, it does require that the participants enter into certain legal agreements, such as a trademark licensing agreement, to protect the parties’ intellectual property. Trademark licensing agreements create the framework for brand collaborations by defining the rights, expectations, and obligations of each party. These agreements also outline specific uses or restrictions on use for each trademark involved in the collaboration. This ensures that the trademarks involved are not used in a way that would damage the parties’ reputations or consumer goodwill.
Before undertaking a brand collaboration, it is imperative that the intellectual property involved be properly protected. Trademarks should be registered with the United States Patent and Trademark Office and copyrights should be registered with the US Copyright Office. Obtaining registration not only helps ensure the owner has the proper rights but also allows for better enforcement of those rights in any legal proceedings or agreements in the future.
Brand collaborations are not right for every situation, but when done properly, they are a powerful tool for ensuring growth and avoiding stagnation.
Benjamin Becker is an Associate with Fishman Stewart PLLC, specializing in intellectual property law. Ben focuses on trademark law, providing comprehensive services including foreign and domestic prosecution, agreements, negotiations, assignments, and enforcement.
Celebrating World IP Day
Fishman Stewart has a proud tradition of supporting World IP Day. This year, Kristyn Webb shares her insights on the 2025 theme—music and IP—in Detroit Legal News. From firm founders to rising voices, our team continues to lead conversations at the intersection of creativity and law. Read the article here.
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