On June 19, 2020, Kim Kardashian West’s (“Kardashian West”) company KKW Beauty, LLC (“KKW”) was sued in California Superior Court by its business partners Seed Beauty (“Seed”) alleging trade secret infringement. According to...more
8/18/2020
/ Breach of Contract ,
Confidentiality Agreements ,
Cosmetics ,
Fashion Branding ,
Fashion Industry ,
Intellectual Property Protection ,
Irreparable Harm ,
Kardashians ,
Kim Kardashian ,
Misappropriation ,
Non-Disclosure Agreement ,
Proprietary Information ,
Trade Secrets ,
TRO
On May 12, 2020, the United States Patent and Trademark Office issued over 700 new design patents. Fashion-related designs figured prominently among the new patent grants including accessories like eyeglasses (see U.S. Design...more
About 40 years ago, marketing strategists Al Ries and Jack Trout offered the world a way to think about making a brand memorable. The best way to be remembered is to be first into your prospect’s mind representing a clear...more
On January 30, 2019, the luxury jewelry suppliers Van Cleef & Arpels filed suit in the United States District Court for the Southern District of New York against Nice Ice Fine Jewelers, LLC (“Defendant”). Van Cleef & Arpels’...more
3/27/2019
/ Attorney's Fees ,
Common Law Claims ,
Damages ,
Dilution ,
Fashion Branding ,
Fashion Design ,
Federal Trademark Register ,
Lanham Act ,
Likelihood of Confusion ,
Permanent Injunctions ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Unfair Competition
On December 28, 2018, Nirvana LLC filed a lawsuit against designer Marc Jacobs in the Central District of California, alleging copyright and trademark infringement. Nirvana LLC is the legal entity which controls the band...more
3/2/2019
/ Continuous Use Requirement ,
Copyright ,
Copyright Infringement ,
Fashion Branding ,
Fashion Design ,
IP License ,
Merchandising Rights ,
Music Industry ,
Nirvana ,
Trademark Infringement ,
Trademarks
On November 7, 2018 Louis Vuitton Malletier, S.A. filed a complaint in the Southern District of New York against i-Fe Apparel, Inc., Yongun Jung, and a number of presently unknown entities and individuals (“Defendants”)....more
1/22/2019
/ Corporate Counsel ,
Counterfeiting ,
Dilution ,
False Designation of Origin ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Louis Vuitton ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Willful Infringement
Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend...more
1/18/2019
/ Copyright ,
Copyright Registration ,
Design Patent ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Functionality ,
Intellectual Property Protection ,
IP Portfolio ,
Jewelry ,
Originality ,
Patent Applications ,
Product Packaging ,
Trade Dress ,
Trademark Registration ,
Trademarks ,
USPTO
Two high-end, off-price fashion brands are duking it out over an employee jumping ship from Century 21 Department Stores, LLC to Rue Gilt Groupe. On November 5, 2018, Century 21 sued Rue Gilt Groupe and Berenice Arcuri in...more
12/13/2018
/ Breach of Contract ,
Choice-of-Law ,
Confidentiality Agreements ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Former Employee ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Proprietary Information ,
Restraint of Trade ,
Trade Secrets
In April 2016, Beyoncé Knowles-Carter (known mononymously as “Beyoncé”) filed a trademark suit in the Southern District of New York against Feyonce, Inc., an online business that sells clothing, apparel, and assorted goods...more
10/29/2018
/ Beyonce ,
Dilution ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Genuine Issue of Material Fact ,
Injunctive Relief ,
Likelihood of Confusion ,
Puns ,
Summary Judgment ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Unjust Enrichment
U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more
8/15/2017
/ China ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Counterfeiting ,
Customs and Border Protection ,
Fashion Branding ,
Fashion Industry ,
Illegal Imports ,
Intellectual Property Protection ,
Recordation ,
Search & Seizure ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of fashion and beauty...more
7/25/2017
/ Disparagement ,
Fashion Branding ,
Fashion Industry ,
First Amendment ,
Free Speech ,
Government Speech Doctrine ,
Lanham Act ,
Matal v Tam ,
Redskins ,
SCOTUS ,
Trademark Registration ,
Trademarks
Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more
6/9/2017
/ Brand ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Disparagement ,
Fashion Branding ,
Fashion Industry ,
First Amendment ,
International Trade Commission (ITC) ,
Lee v Tam ,
Louis Vuitton ,
Paintings Sculptures and Engravings ,
Parody ,
Punitive Damages ,
SCOTUS ,
Secondary Meaning ,
Star Athletica v Varsity Brands ,
Tiffany and Company ,
Trade Dress ,
Trademark Infringement ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Uniforms
In the fashion and beauty world, the copying of higher-priced brands is widespread. While in fashion, the term for copies of designer products is “knockoffs,” in beauty, the term is “dupes.” Whether it is a colloquial use of...more
On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more
4/12/2017
/ Appeals ,
Declaration ,
Evidence ,
Fashion Branding ,
Fashion Industry ,
Generic ,
Jury Trial ,
Louis Vuitton ,
Remand ,
Trade Associations ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Triable Issue of Fact
Rapid Growth of Influencer Marketing -
With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more
3/6/2017
/ Advertising ,
Celebrity Endorsements ,
Disclosure Requirements ,
Enforcement Actions ,
False Advertising ,
Fashion Branding ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Marketing ,
Native Advertising ,
Promotional Items ,
Social Media ,
Unfair or Deceptive Trade Practices