News & Analysis as of

Fashion Branding Fashion Industry

Catching Counterfeits: Customs Recordation and IP Enforcement

by Knobbe Martens on

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

What the *TM*?!?! The Disparagement Clause has been Bleeped.

by Knobbe Martens on

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

Retailers Grow Successfully by Introducing New Brands

by Goulston & Storrs PC on

As fashion retailers across the country jostle for market share in an ever-changing and ever-competitive marketplace, some retailers are trying to improve their bottom lines not by adjusting or expanding their offerings in...more

The Top Hits: Fashion Cases with a Big Impact

by Knobbe Martens on

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

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

Law à la Mode: Special Edition - INTA 2017

by DLA Piper on

The Belgian editorial team is delighted to bring you this special edition of Law a` la Mode, marking the 139th INTA Annual Meeting in Barcelona. Just some of the focuses for this special edition include the dangers of...more

Have You Been Duped?

by Knobbe Martens on

In the fashion and beauty world, the copying of higher-priced brands is widespread. While in fashion, the term for copies of designer products is “knockoffs,” in beauty, the term is “dupes.” Whether it is a colloquial use of...more

The Katten Kattwalk | Issue 12

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more information....more

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

by Knobbe Martens on

On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more

Three Stripes and You’re Out: adidas Seeks to Protect its Mark

by Butler Snow LLP on

On March 17, 2017, athletic apparel giant, adidas, filed suit against Juicy Couture, Inc. asserting trademark infringement and unfair competition claims. The case is styled adidas America Inc. et al. v. Juicy Couture Inc.,...more

Influencer Marketing: Best Practices for Advertisers & Agencies

Influencer marketing saw explosive growth in 2016, with 86% of marketers having used the tactic, 94% of whom found it effective. In 2016, most marketers spent between $25,000 to $50,000 per influencer marketing program, which...more

Adidas v. Puma: Another three-stripe lawsuit

We’ve written on several occasions about the aggressive policing by Adidas of its well-known “three-stripe” mark for shoes, including attempts to enforce its mark against other two-stripe or four-stripe designs (with some...more

It’s in the Bag: True Parody Cannot Dilute Famous Mark

by McDermott Will & Emery on

The US Court of Appeals for the Second Circuit upheld a grant of summary judgment that a canvas tote bag with a drawing of an iconic handbag printed on its side did not infringe or dilute the trademark of the iconic high-end...more

New York Fashion Week: A Lineup of The Most Fashionable Trademark and Copyright Claims

It’s that time of the year again when New York City becomes the most fashionable place on the planet. While I would argue that Manhattan is always fashionable, New York Fashion Week adds a bit of extra excitement, glamour and...more

What's in a Name?

by K&L Gates LLP on

Originally published in Ragtrader - January 2017. A recent UK case involving fashion brand Karen Millen holds valuable lessons for designers and creatives establishing a business which use their own name ...more

Second Circuit Upholds Parody Defense, Tosses Louis Vuitton’s Trademark Suit

by Morrison & Foerster LLP on

In late December, the Second Circuit issued a ruling in Louis Vuitton Malletier, S.A., v. My Other Bag, Inc., affirming the district court’s grant of summary judgment for claims of trademark infringement and dilution of a...more

Litigation Alert: In Louis Vuitton Trademark Suit, Second Circuit Says Parody Prevails Even if Brand Owner Doesn’t “Get” the Joke

by Fenwick & West LLP on

The U.S. Court of Appeals for the Second Circuit recently affirmed the Southern District of New York’s order on summary judgment that My Other Bag’s canvas tote bags do not dilute or infringe Louis Vuitton’s trademarks for...more

A Trademark Use in Commerce Story: Bonobos Buzz and a Two for One Specimen?

by Winthrop & Weinstine, P.A. on

There are at least two kinds of buzz converging at the moment (perhaps three), especially for fashion forward and fit oriented trademark types here in Minneapolis....more

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

by Knobbe Martens on

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

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?

by Dorsey & Whitney LLP on

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”

by Goulston & Storrs PC on

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

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

by DLA Piper on

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: Whose Name is it Anyway?

by DLA Piper on

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

by DLA Piper on

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

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