Fashion Branding

News & Analysis as of

Marmots and Mammuts Living in Harmony?

Taking a spin through REI for a jacket yesterday, I happened upon a Swiss outdoor clothing brand that is a new one to me, called Mammut...more

Court Holds That Fashion Designer Karen Millen Cannot Use Her Name in Connection with Future Clothing Lines

A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and...more

LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates

In a previous post, we discussed Louis Vuitton’s unsuccessful lawsuit against My Other Bag, Inc., in which the “parody defense” was a key issue. Louis Vuitton is making trademark law news again – this time as a...more

Trendy Shoemaker Cannot Slay the Fashion King

Plaintiff LVL XIII Brands Inc. (“LVL XIII”) must not have heard of the old saying: “Never strike a king unless you are sure you shall kill him.” The New York start-up sneaker company decided to take on fashion king Louis...more

Trade Dress Claim Based on Shoe’s Rectangular Metal Toe Plate Booted by SDNY

The Southern District of New York recently booted shoe manufacturer LVL XIII Brands, Inc.’s trade dress infringement suit against Louis Vuitton Malletier S.A. in LVL XIII Brands, Inc. v. Louis Vuitton Malletier S.A.. At issue...more

Brand Names as Stage Names – Tribute or Infringement?

While all the world might be a stage, the famous U.K. fashion house Burberry Limited has now established that none of its players – except Burberry – has the right in the U.S. to use the famous Burberry trademark as a stage...more

The Implications of Trademark Infringement Decisions: Aw “Chucks”

There is a growing population of fashionistas and #sneakerheads skyrocketing the sales of fashion retailers and traditional sneaker companies, such as @Nike and @Converse. Forbes contends that sneakerheads represent...more

Jack Ma Confuses Counterfeit with Off-Brand

Jack Ma, the founder of the Chinese internet giant Alibaba, recently said that the counterfeit problem so many brands are dealing with today is primarily a result of the fact that the fakes are actually better than the...more

Supporting the power of your brand

Your brand is valuable, and it needs to be strong. DLA Piper’s lawyers provide guidance to help you protect your brand, your marks and your company throughout the business life cycle. See some of our most popular pieces...more

Law à la Mode: 10 tips when licensing a brand; a new provision for trademark parody; and more INTA Special

The French editorial team is delighted to bring you this special edition of Law à la Mode, marking the 138th INTA Annual Meeting in Orlando. The focus for this special edition is the European Union trademark reform,...more

Law à la Mode: A new provision for trademark parody - is it a joke?

A number of fashion players base their business on the very thin line running between tribute and misappropriation. In this context, it is difficult to understand how quotations of wellknown fashion trademarks made with...more

Law à la Mode: Whose Name is it Anyway?

Designing under your own name is a natural, even intuitive choice for many designers and is an established practice in the fashion industry. ...more

Law à la Mode: 10 tips when licensing a brand

Fashion brands are recognized and loved by consumers for their ingenuity and innovative approach to apparel and accessories. Loyal consumers gravitate to high-quality products produced by a fashion brand and are eager...more

Give me an S-C-O-T-U-S! Supreme Court To Decide Apparel Copyright Case

Straight off the heels of a 2-1 Sixth Circuit decision protecting copyright in design elements of cheerleading uniforms, the U.S. Supreme Court today decided to consider the issue of when a useful article is protectable under...more

ELLE Fails to Un-ring Bell, DJ Action Sticks

Question for the day, how common is the given name Elle? I’m really not sure, I don’t believe I’ve ever personally known anyone with that name, and Mongabay doesn’t even include Elle in its listing of girl’s first names, but...more

Fashion Law - Autumn/Winter 2016

The business of fashion is exciting, fast paced and driven by passionate and creative people. But it is important to remember that it is just that – a business. While creativity and passion are integral to success in the...more

Thwart Counterfeiters to Save Brands | A Metropolitan Corporate Counsel Interview

Kristen McCallion and Natalie Arbaugh discuss emerging trends in brand protection and anti-counterfeiting, and how consumer products companies can protect their valuable brands from trademark infringers and counterfeiters in...more

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

Does Louis Vuitton’s Loss to a Parody Defense Justify an Award of Attorney Fees?

Earlier this month the Southern District of New York granted the defendant’s Motion for Summary in Louis Vuitton Malletier, S.A. v. My Other Bag , Inc. The fashion giant had brought suit against a California company over its...more

Sporting Fashion: An Evolution from the Hardwood to the Runway

During the 1989 MLB All-Star Game, the world was left in blissful wonderment over the most memorable sports campaign ever produced. The “Bo Knows” campaign became the paradigm of sports marketing, catapulting Nike into...more

Where We’re Going, We Don’t Need Ads

Where are we going? The future. Well, 1985’s future, as predicted in 1989. And technically, it’s not the future anymore; it’s the present (and soon, the past). You see, in the movie series Back to the Future, today, October...more

Law A' La Mode - Issue 17 October 2015

The Netherlands editorial team is delighted to bring you the 17th edition of Law a` la Mode, the quarterly legal magazine produced by DLA Piper’s Fashion, Retail and Design group for clients and contacts of the firm...more

A Trend for Retailers to Avoid – Copyright Infringement Lawsuits Over Clothing

Textile Copyright Infringement Claims on the Rise - Katy Perry received a lot of attention for the dress she wore to the Met Ball this year, and not all of it was welcome. A Brooklyn artist thought that the dress was an...more

North Face Scales Sanyang Applications For Clothing and Services

In The North Face Apparel Corp. v. Sanyang Industry Co., Ltd., Opp. No. 91187593 (September 18, 2015), the Trademark Trial and Appeal Board (“TTAB”) handed The North Face Apparel Corp. (“The North Face”) significant victories...more

Game, Stripes, Match…No Love Between Skechers & Adidas

Maybe I haven’t quite accepted the fact that the US Open and New York Fashion Week are over and September almost is too, but stories on tennis and fashion always get my attention, especially when they include a little...more

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