On October 19, 2018 plaintiffs CAR-FRESHNER Corporation (“CFC”) and Julius Sämann Ltd (“JSL”) filed suit against Balenciaga America, Inc. for alleged trademark infringement, false designation of origin, trademark dilution,...more
Federal Circuit Summaries -
Before Wallach, Taranto, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: The Federal Circuit determined that it had jurisdiction to hear an appeal from a Board decision in...more
Federal Circuit Summaries -
Before Moore, Mayer, and Hughes. Appeal from U.S. District Court for the Western District of Texas.
Summary: The Federal Circuit...more
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
On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more
7/4/2017
/ Accounting ,
Celebrities ,
Copyright ,
Copyright Infringement ,
Damages ,
Exclusive Use ,
Fashion Industry ,
Fraud ,
Injunctive Relief ,
IP License ,
Legal Fees ,
Manufacturers ,
Music Industry ,
Name and Likeness ,
Photographs ,
Popular ,
Retailers ,
Right of Publicity ,
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 December 2016, China’s Supreme Court held that a Chinese manufacturer named Qiaodan Sports Company, could not continue to produce athletic shoes, clothing and gear bearing the trademark (see article), which is the Chinese...more