Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...more
7/5/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
EU ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
First Amendment ,
Intellectual Property Protection ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
UK
To quote a headline from French daily Libération, “Hermès 1, NFT 0.”
On February 8, a federal jury in New York sided with France’s storied luxury fashion company, Hermès International S.A., in a trademark battle against...more
War and Peace at Rospatent: Protecting Trademarks in Russia -
Yes, we shall live, Uncle Vanya. Could Anton Chekhov ever have imagined that his literary work would be used to sell hamburgers? In March, a controversial...more
7/27/2022
/ Americans with Disabilities Act (ADA) ,
Cartels ,
Competition ,
Economic Sanctions ,
EU ,
Foreign Policy ,
Russia ,
Trademark Infringement ,
Trademarks ,
Ukraine ,
Website Accessibility ,
Website Design ,
Website Owner Liability ,
Websites
New York Proposes Significant Regulation for Fashion Industry: The ‘Fashion Sustainability and Social Accountability Act’ -
On January 7, New York State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles introduced...more
1/27/2022
/ Coronavirus/COVID-19 ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Likelihood of Confusion ,
New York ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vaccinations
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
5/20/2021
/ Copyright ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
UK ,
UK Brexit
Protecting your brand can be of more value than you may realise. A brand with a strong reputation usually has a loyal returning client base. Whether you are selling luxury goods, offering online content sharing services or...more
SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits -
On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant...more
Welcome to the Fall 2019 issue of Kattwalk. In this issue, we are pleased to introduce you to Bret Danow, a partner in Katten’s New York office with a broadbased trademark practice that covers the entire lifecycle of a brand,...more
10/25/2019
/ Copyright ,
European Copyright Directive ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Patents ,
Retail Market ,
SCOTUS ,
Trademark Trial and Appeal Board ,
Trademarks ,
Transformative Use
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
6/4/2019
/ Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Intellectual Property Protection ,
Petition for Writ of Certiorari ,
SCOTUS ,
Split of Authority ,
Trademark Trial and Appeal Board ,
Trademarks
In an 8-1decision issued on May 20, the Supreme Court held that rejection of an executory trademark license agreement in a bankruptcy of the licensor is merely a breach, and not a termination or rescission, of the agreement....more
5/23/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
6/8/2018
/ Advertising ,
Class Action ,
Corporate Branding ,
False Advertising ,
Federal Trade Commission (FTC) ,
Health Claims ,
Issue Preclusion ,
Product Labels ,
Product Packaging ,
Self-Certification ,
Slogans ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
2/26/2018
/ Christian Louboutin ,
Fashion Design ,
Fashion Industry ,
First Amendment ,
Fox Broadcasting ,
General Data Protection Regulation (GDPR) ,
Internet Retailers ,
Lanham Act ,
Retailers ,
Television Shows ,
Trademark Infringement ,
Trademarks ,
Website Accessibility
Disputes Between Departing Member and Remnant Group -
In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
5/15/2017
/ Dropbox ,
Fashion Branding ,
Fashion Industry ,
Fee-Shifting ,
IP Assignment Agreements ,
Lanham Act ,
Likelihood of Confusion ,
Social Networks ,
Trademark Infringement ,
Trademark Opposition Proceedings ,
Trademark Trial and Appeal Board ,
Trademarks ,
Trader Joes
From time to time, new generic top-level domains (gTLDs) become available for registration.
Among the many gTLDs newly available is .store. This gTLD is intended to provide brand owners with a domain that is instantly...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
Letter From the Editor -
Fashion Week has come and...more
10/16/2015
/ Acquiescence ,
Affirmative Defenses ,
Appeals ,
Cheerleaders ,
Confidential Information ,
Copyright ,
Copyright Infringement ,
Dilution ,
Fashion Industry ,
Filing Fees ,
Generic ,
Laches ,
Lanham Act ,
Likelihood of Confusion ,
Misappropriation ,
Preliminary Injunctions ,
Presumption of Validity ,
Summary Judgment ,
Trade Secrets ,
Trademark Infringement ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Trial de Novo ,
Undue Prejudice ,
Uniforms ,
USPTO
Happy summer! We are seeing some great new styles this summer here on Madison Avenue, and of course, there are a number of hot legal issues to consider as we head into the fall. Our latest issue discusses the applicability of...more
7/29/2015
/ Advertising ,
Bad Faith ,
Domain Names ,
Infringement ,
Trademark Act ,
Trademark Trial and Appeal Board ,
Trademarks ,
UDRP ,
Use in Commerce ,
USPTO ,
WIPO
In a carefully crafted 7-2 decision in B&B Hardware, Inc. v. Hargis Industries, Inc., the Supreme Court of the United States reversed the US Court of Appeals for the Eighth Circuit and granted preclusive effect to Trademark...more
In this issue:
- “Google It”: The Search Engine’s Trademark May Be a Verb, But It’s Not Generic
- You Say “Tom‘ah’to,” I Say “Tom‘ay’to”: Determining the Correct Pronunciation of Uniquely Coined...more
In this issue:
- The Early Bird Gets the Trademark: Don’t Delay Filing Intent-to-Use Applications
- Color Wars: Narrowing Color Claims in Trademark Rights
- It’s Good to Be Famous: TTAB Expands...more
In this issue:
- Trademark Infringed? No Preliminary Injunction Unless Irreparable Harm Proved
- Want to Reserve a Trademark? Be Prepared to Prove You Will Use It
- Around the Horn: Customs and...more
In this issue:
- New Rules on Use of Child Models
- Impact of TTAB Rulings on Court Decisions
- Sports Teams’ Logos and Marks May Be Different
- It’s Ten O’Clock—Do You Know Where Your Company’s...more