News & Analysis as of

Design Patent Copyright Fashion Industry

Pierce Atwood LLP

IP Rights in Virtual Fashion: Lessons Learned in 2022 and Unanswered Questions

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There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by...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

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

White & Case LLP

Federal Circuit Alters Landscape for Design Patent Litigation

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White & Case Technology Newsflash - Intellectual property litigants may be increasingly addressing design patents. Design patent litigation may be getting lengthier, and this may result in the filing of more design patent...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

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

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 13

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

Knobbe Martens

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

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On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

Seyfarth Shaw LLP

“GIVE ME A … ©?” – Cheerleading Uniforms, Fashion Design and Copyright Law

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The old adage may hold that imitation is the sincerest form of flattery, but fashion designers are understandably dismayed when perfect replicas of their creative apparel are sold at deep discounts to lower-end markets soon...more

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