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Copyright Fashion Design Intellectual Property Protection

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Clark Hill PLC

Establishing a Successful Fashion and Clothing Company

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Establishing a successful clothing company presents numerous unique challenges and legal intricacies. To achieve lasting success, it is crucial to find the right balance between business, legal, and creative considerations....more

Clark Hill PLC

When is a Garment Design Copyrightable?

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Can you copyright that new shoe or hoody design that you believe will change the fashion world forever? Likely yes, but it’s complicated. Clothing and apparel have always been deemed “useful articles” because, by their very...more

Knobbe Martens

Choosing the Right IP to Protect Fashion Goods

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It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to...more

Manatt, Phelps & Phillips, LLP

Copyright Litigation and Recent Developments: Spring 2022

In our May 2022 copyright update, Manatt’s attorneys summarize recent decisions of interest from the U.S. courts and Copyright Office, and highlight other matters that we’re watching in the coming months....more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 22

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - May 2020: Banana and Pencil: A Tale of Two Circuits

Three years ago, the Supreme Court announced a seemingly simple separability test for determining whether features of a useful article are eligible for copyright protection in the landmark decision Star Athletica v. Varsity...more

Foley Hoag LLP - Making Your Mark

The Top 5 Most Fashionable Intellectual Property Disputes To Walk This Year’s Runways at New York Fashion Week

New York Fashion Week (NYFW) officially kicks off today, February 7, 2020, with a week’s worth of captivating runway shows from top designers. The timing, however, could not be worse, since the 92nd Academy Awards is airing...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 20

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

International Lawyers Network

A New Mechanism For Protecting Fashion Companies In Russia

At the end of June a mechanism providing for temporary protection of industrial designs was introduced into the Russian legal system. In short it requires somebody who uses an industrial design during the period of its...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 19

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Foley Hoag LLP - Making Your Mark

Cultural and Intellectual Property Appropriation: Disputes Over Culturally-Inspired Fashions

If you haven’t heard already, New York Fashion Week is here! As usual, a lineup of awe-inspiring shows is expected to roll out over the next several days, as it does every September and February, highlighting the latest...more

Knobbe Martens

The Crown Jewels: How to Protect Your Jewelry Designs

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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

Hogan Lovells

Fashion law insights with chair and vice-chair of Franco-Russian Chamber of Commerce and Industry

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The Intellectual Property Committee of the Franco-Russian Chamber of Commerce and Industry was elected at a meeting on 22 November 2018, dedicated to the legal protection of intellectual property assets in the fashion...more

Proskauer Rose LLP

Three Point Shot - December 2018

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

Knobbe Martens

Fashion Week Precautions & IP Misconceptions

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Fashion Week San Diego is this weekend—one of the few fashion shows open to the fashion industry and the general public! Fashion shows are exhilarating. As an intellectual property (“IP”) attorney, however, fashion shows...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 17

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Sheppard Mullin Richter & Hampton LLP

An Uphill Battle Protecting Fashion Designs In Nigeria and Abroad

Growing frustration in the fashion community regarding weak or non-existent intellectual property laws has finally caught the attention of some nations. Nigeria is one nation that currently is trying to alleviate this...more

Best Best & Krieger LLP

Fashion Design Copyright Infringement Victory - BB&K Partner Henry Welles Wins Fashion Industry Clothing IP Case

A fashion clothing industry copyright infringement appeal was won by Best Best & Krieger LLP Partner Henry Welles, who represented Natural Fashions, Inc., which does business as Anu. The case was originally brought in federal...more

Nutter McClennen & Fish LLP

Fashion and Intellectual Property: Many Options to Protect Your Design, But No One-Stop Shop

Imagine you’re a fashion designer with a unique clothing design. As with any other business, you wish to protect your intellectual property through the standard combination of patents, trademarks, and copyrights. Sounds...more

Fish & Richardson

Hip Hip Hooray! Supreme Court Upholds Copyright Protection for Cheerleader Uniforms

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On March 22, 2017, the Supreme Court, in a 6-2 opinion by Justice Thomas, affirmed the Sixth Circuit’s holding that the two-dimensional graphic designs on Varsity Brands’ cheerleading uniforms are eligible for copyright...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Foley Hoag LLP - Trademark, Copyright &...

Trademark and Copyright Law News - March 2016

This edition of Trademark and Copyright Law News is all about big ticket entertainment, sports and fashion events. We've kept busy this winter tracking the intellectual property disputes related to the Oscars, Super Bowl,...more

Foley Hoag LLP - Trademark, Copyright &...

Can I get a C-O-P-Y-R-I-G-H-T? Sixth Circuit Holds Cheerleading Uniform Designs Copyrightable

When are clothing designs sufficiently severable from the utilitarian aspects of the clothing so that the designs can be protected by copyright? That is a question courts have wrestled with for years, and the Sixth Circuit...more

McDermott Will & Emery

Court Fashions Hybrid Approach to Determining Whether Garment Designs Are Copyrightable - Varsity Brands et al. v. Star Athletica

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Addressing for the first time the question of whether “cheerleading uniforms [are] truly cheerleading uniforms without the stripes, chevrons, zigzags, and color blocks” the U.S. Court of Appeals for the Sixth Circuit answered...more

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