In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing...more
9/11/2024
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cease and Desist Orders ,
Enforcement ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Hemp ,
Marijuana ,
Marijuana-Infused Edibles ,
Marketing ,
Product Packaging ,
Public Health ,
Regulatory Agenda
The Olympics are coming! Now is a good time for brand owners who are planning promotional activities related to the Olympic games, or have endorsement agreements with Olympic athletes, to review the rules and make sure they...more
7/22/2024
/ Advertising ,
Ambush Marketing ,
Compliance ,
Corporate Branding ,
Intellectual Property Protection ,
International Olympic Committee (IOC) ,
Marketing ,
Olympics ,
Penalties ,
Sponsors ,
Trademarks
On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino...more
12/16/2021
/ Breach of Contract ,
Cease and Desist Orders ,
Contract Terms ,
Copyright ,
Copyright Infringement ,
Distributed Ledger Technology (DLT) ,
Film Industry ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Licensing Rights ,
Movies ,
Non-Fungible Tokens (NFTs) ,
Ownership of Works ,
Quentin Tarantino ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
In April 2021, big-box retailer Walmart Apollo, LLC (“Walmart”) filed a trademark opposition against Yeezy LLC’s (“Yeezy”) U.S. Trademark Application Serial No. 88/746444 for its sun rays design mark, shown below (“Yeezy’s...more
On November 30, 2020, New York Governor Andrew Cuomo signed into law New York Senate Bill S5959D, an amendment to New York’s right of publicity law to provide the 40 year post-mortem right of estates of deceased celebrities...more
What do UPS and TAPATIO hot sauce have in common? Based on recent California Court filings, both companies are serious about protecting their trademarks from infringement by entities in the cannabis space.
In 2019, both...more
5/31/2019
/ Brand ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Dilution ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Misappropriation ,
Settlement Agreements ,
Tarnishment ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Treble Damages ,
Unfair Competition ,
Willful Infringement
The Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA) jointly sent warning letters on April 3, 2019 to companies that advertise and sell cannabidiol (CBD) containing products via internet...more
5/30/2019
/ Cannabidiol (CBD) oil ,
Dietary Supplements ,
Farm Bill ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Health and Safety ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Marketing ,
Pharmaceutical Industry ,
Product Labels ,
Regulatory Oversight ,
Social Media ,
Websites
Supreme, the popular New York-based American streetwear brand, known by its iconic logo, was created by founder/CEO James Jebbia. Despite its highly successful brand recognition, the company (which operates under the...more
On December 13, 2018, Face Lace Ltd., founded by makeup artist Phyllis Cohen to provide ready-to-wear makeup designs, filed suit in the Central District of California against Bare Escentuals Inc. d/b/a Buxom Cosmetics. Face...more
On March 6, 2018 the USPTO announced that it has started a pilot program that makes it easy to report specimens that have been digitally created, altered or fabricated. Third parties that believe that an application contains...more
Jasmin Larian, the owner of Cult Gaia, started selling the “Ark” bag in 2013. Since then the Ark bag has been seen on celebrities including Jessica Alba and was even touted as 2017’s “IT” bag. ...more
3/14/2018
/ Acquired Distinctiveness ,
Cease and Desist ,
Concurrent Litigation ,
Counterfeiting ,
Declaratory Relief ,
Fashion Design ,
Fashion Industry ,
Irreparable Harm ,
Misleading Impressions ,
Trade Dress ,
Trademark Infringement
In December, the Second Circuit ruled that My Other Bag (MOB) was not liable for infringing Louis Vuitton’s trademarks and copyrights because MOB’s bags were a parody of the luxury giant....more
1/31/2018
/ Attorney's Fees ,
Copyright ,
Copyright Infringement ,
Damages ,
Exceptional Case ,
Fashion Branding ,
Lanham Act ,
Louis Vuitton ,
Octane Fitness v. ICON ,
Parody ,
Trademark Infringement ,
Trademarks
On December 4, 2017 Galatea Jewelry (“Galatea” or “Plaintiff”) filed a copyright infringement suit in the District Court for the Central District of California against the well-known crystal jewelry producer and retailer...more
On October 19, 2017 Hush Hush Sound Inc, Michael David, and Tyler Blake (collectively “Plaintiffs”) also known as the Electronic dance music duo “Classixx” filed suit in the District Court for the Central District of...more
Years after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that...more
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
Introduction -
•Music copyrights:
–Musical works – sheet music and lyrics
•Author is generally composer/lyricist and controls
•Can be administered through a music publisher
- ...more
7/28/2017
/ ASCAP ,
BMI ,
Copyright ,
Fair Use ,
IP License ,
Music ,
Music Industry ,
Music Publishing ,
Musical Sound Recordings ,
Popular ,
Public Domain ,
Public Performance Rights
On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due to the influence of music artist, Rihanna as the label’s brand ambassador. In its complaint,...more
The U.S. Supreme Court on Wednesday, March 22, 2017, issued their opinion on Star Athletica v. Varsity Brands. The Court affirmed the 6th Circuit, holding that the lines, chevrons, and colorful shapes of Varsity’s...more
3/31/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
The U.S. Supreme Court issued their opinion on Star Athletica v. Varsity Brands on Wednesday, March 22. Should fashion designers rejoice or be fearful? That depends. Designers who repeatedly have original fashion designs...more
3/30/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more
3/27/2017
/ Consent Order ,
Design Patent ,
Dilution ,
False Designation of Origin ,
Fashion Design ,
Fashion Industry ,
Inherently Distinctive ,
International Trade Commission (ITC) ,
Lanham Act ,
Permanent Injunctions ,
Secondary Meaning ,
Service Marks ,
Trade Dress ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the name as a source identifier for certain products or...more
On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement, and trademark...more
1/18/2017
/ Appeals ,
Copyright Infringement ,
Dilution ,
Fair Use ,
Fashion Branding ,
Louis Vuitton ,
Motion to Dismiss ,
Parody ,
Summary Judgment ,
Trademark Infringement ,
Transformative Use
In 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD A ZERO,” a clothing trademark held...more
11/21/2016
/ Adidas ,
Appeals ,
Commerce Clause ,
De Minimis Claims ,
Federal Trademark Register ,
Interstate Commerce ,
Lanham Act ,
Likelihood of Confusion ,
Popular ,
Reversal ,
Trademark Application ,
Trademark Trial and Appeal Board ,
Trademarks ,
Use in Commerce ,
USPTO
On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual property...more
11/17/2016
/ Celebrities ,
Dilution ,
Fashion Design ,
Lanham Act ,
Marilyn Monroe ,
Misappropriation ,
Popular ,
Right of Publicity ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Unjust Enrichment