In a pioneering collaboration, Prada and Axiom Space (Axiom) have unveiled the Axiom Extravehicular Mobility Unit (AxEMU) spacesuit, designed for NASA’s Artemis III mission. The mission aims to return astronauts to the Moon, marking the first crewed Moon landing since 1972. Whilst it may appear to be an unexpected move from Prada, the Italian fashion powerhouse have experience with innovation and high-performance materials by virtue of their sailing team, Luna Rossa, and the name may have been a Simpsons-esq foretelling of Prada’s ambitions to reach Earth’s luna. 

As part of the collaboration, “Prada’s design and product development team worked alongside Axiom Space engineers on customized material recommendations and features that would both protect astronauts against the unique challenges of the lunar environment and visually inspire future space exploration.” So, whilst the spacesuit is designed to protect astronauts in space, how could the intellectual property rights and proprietary information in the suits be protected under English law? 

• Confidential information and trade secrets

Much of the detail of the suit has been kept secret, with only a few images being released. There were also steps taken during development to conceal the suit’s proprietary technology, including using a dark cover layer over the suit (putting the “cloak” into “cloak and dagger”). It’s clear that confidentiality and secrecy is of high importance, so it’s likely that, where relevant, the details have been shared under an obligation of confidence e.g. an NDA or to employees only with confidentiality clauses in their employment contracts. 

The benefit of keeping the information confidential or keeping trade secrets is the potentially perpetual nature of the protection. Often referred to as an example is the Coca Cola recipe, which has been a trade secret for over 100 years.  

• Patents

The suit probably has numerous underlying patented or patentable technologies. Patent protection can last up to 20 years in the UK and permits the inventor to stop third parties from using the invention. To the extent patent applications haven’t already been made by Axiom/Prada, it’s unlikely sharing the images of the suit would prevent patent registration as it’s unlikely to be an enabling disclosure (i.e. enable it to be performed by the person skilled in the art) and further information would be required to do so. 

However, it’s worth noting that registering a patent makes the invention public, meaning it can no longer be protected by confidentiality/ trade secrets. 

• Registered designs

The appearance of the suit could be protected by registering design(s). It’s clear from press statements that there is an emphasis on both highly engineered functionality as well as aesthetic appeal, so whilst patents and/or copyright might cover the technical aspects of the suit, design rights could protect the overall appearance of the suit. 

Registered design rights can last up to 25 years (subject to renewal every five years) and confers onto the owner the exclusive right to make articles incorporating the design and to sue for infringement even where the defendant did not copy the design. Sharing the images of the suit, however, will count as a disclosure in relation to registered designs. If no designs have been registered yet, the clock will be ticking for Axiom/Prada, and they will have 12 months from the first disclosure to file for registration. 

• Trade marks 

Arguably more surprising than the collaboration itself is the lack of Prada marks on the suit. Without the supporting text of the press release, there is no obvious signposting of Prada’s involvement (maybe due to technical restraints). There is a red line on the suit, which is also used on Prada’s Linea Rossa technical line, but it isn’t a trade mark in and of itself – a red line would not be registrable. Therefore, similarly to quiet luxury goods, it’s not clear whether there would be any scope for trade mark protection. 

The strategic co-branding by Prada and Axiom has generated exceptional publicity for both brands, as well as opening a whole universe of possibilities for puns. For Prada, this partnership not only serves as excellent PR, enhancing Prada’s visibility and prestige, it showcases the brand’s innovation and expertise in high-performance materials. In the current luxury landscape, it further demonstrates the brand’s resilience and ability to thrive (with a little help from Miu Miu sales) despite economic downturns. Through this collaboration, Prada continues to solidify its position as a leader in both fashion and technology, widening the Pradasphere.