Fashion Design

News & Analysis as of

Social Media SmackDown: Elton John, Dolce & Gabbana, The First Amendment and a Brand in Peril

Dolce & Gabanna is a famous Italian fashion house, founded thirty years ago by Domenico Dolce and Stefano Gabbana. The company has been a significant player in the fashion industry for decades, dressing celebrities and...more

Belgium: New Developments In The Framework Of The Copyright Protection Of Handbags

In a recent judgment concerning a dispute between Jean Cassegrain S.A.S (Longchamp) and a Belgian reseller of leather handbags, the Court of Appeal of Ghent denied copyright protection to Jean Cassegrain’s handbag “Le...more

A Word From The Industry's Mouth: Interview With Professor Barbara Pozzo

1. Barbara, you are the coordinator of the postgraduate fashion law course at the Insubria University of Como and at the Statale University of Milan. No similar course has ever been offered by an Italian academic institution...more

UK: Passing Off – How Rihanna “found love” in the Court of Appeal

On 22 January 2014 the Court of Appeal upheld the High Court decision in a claim for passing off brought by global superstar Rihanna against Topshop. The dispute centered on a t-shirt which was sold by Topshop in its...more

Protecting Polka Dots and Zebra Stripes Through Copyright: Eleventh Circuit Affirms Ruling that Boot Designs are Infringed (But...

A relatively common problem affecting the fashion industry is claims of copyright infringement over designs that appear on clothing and other merchandise. In particular, retailers create product overseas, unaware that a...more

Olem Shoe Corp. v. Washington Shoe Corp. - USCA, Eleventh Circuit, January 12, 2015

Eleventh Circuit affirms district court’s summary judgment rulings finding that Olem infringed Washington Shoe’s copyrights in women’s rain boot designs, but did not do so with actual knowledge or reckless disregard. ...more

Swiping from the Swoosh: Nike sues former shoe designers for trade secret theft

Nike recently sued three of its former shoe designers who defected to Adidas, claiming the trio brought trade secrets with them, including Nike’s strategic development plans, design drawings, and other information “tied” to...more

Allegations That Designer Wedding Dress Line Constitutes A Relevant Product Market Found Implausible

Allegations that a highly specialized designer line of wedding dresses lacks reasonable substitutes fail to support allegations of Sherman Act violations for price fixing and group boycott claims.  House of Brides etc., v....more

Manatt Digital Media - November 2014

Cutting of the Cable Bundle, NOT the Cord—Welcome to “The Great Unbundling” - 2014 is a transformative year for the media business. We will look back several years from now and fully realize this. First, anyone...more

Unregistered Design Rights: The Karen Millen Case

The recent decision of the CJEU in the Karen Millen case provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council Regulation (EC) No....more

No Ifs, Ands or Butt Pockets: Do “U” See Trademark Infringement?

Guru Denim, Inc. dba True Religion Brand Jeans recently sued Burlington Coat Factory Warehouse Corporation for selling jeans that allegedly infringed on True Religion’s “U-shaped” pocket design. Interestingly, this is not...more

Law À La Mode - Issue 14 – October 2014 (Global)

In This Issue: - Understanding the EU Consumer Rights Directive: An overview of the new Directive on Consumer Rights and its implementation in Belgium, France, Italy and the UK - Free Zones in the UAE: What do...more

Apparel Designs and the “Metaphysics” of Copyright Protection

Metaphysics is usually thought to be the province of philosophers or theologians. A recent decision by a U.S. District Court in Tennessee, Varsity Brands, Inc. v. Star Athletica, LLC, 110 U.S.P.Q.2d 1150 (W.D. Tenn. 2014),...more

Gucci / Guess – The Italian Appeal: Gucci’s half victory against Guess on the ground of unfair competition

The Milan Court of Appeal has overturned the first instance decision and partially upheld Gucci’s claims, stating that Guess has committed an act of unfair competition, by parasitically copying a number of products of the...more

Do I Need to Dress Up My Fashion Line in a “Trade Dress?”

What is a trade dress? Is this a new fashion trend that Miley Cyrus or Rihanna started? Not exactly. Trade dress law is a subset of trademark law that originally included only the packaging or “dressing” of a...more

The Court of Justice of the European Union Strengthens Unregistered Community Design Rights

The Court of Justice of the European Union (“CJEU”) issued its decision in Karen Millen Fashions Ltd v Dunnes Stores (C-345/13) on June 19, 2014, providing guidance on litigating unregistered Community designs and...more

The TAKE OFF Campaign - Cavalli-er attitude or religious hyper-sensitivity?

There is a general rule that you don’t talk about sex, religion or politics at work. I did politics in my last Letter from Europe, and this time, I’m touching on the religious theme. (As I don’t think the firm would take...more

Trending Information: The Connection Between Data Brokers and the Fashion Industry

Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to...more

That look’s a steal: K&L Gates advises on how to protect against copycats

There are plenty of businesses making and selling garments in the rag trade and all of them are trying to stand out from the crowd. Each label is looking for their point of difference and, for a large number of brands, their...more

10 Popular Reads Covering Latest European Union Developments

Recap of popular updates covering latest developments in the European Union....more

Karen Millen Court of Justice of the European Union Decision

On 19 June 2014, the Court of Justice of the European Union (“CJEU”) delivered a judgment in the ongoing seven-year legal battle between Karen Millen Fashions and Dunnes Stores in Ireland. Background - This...more

Unregistered design rights – the Karen Millen case

This is a very recent decision of the CJEU in the Karen Millen case, which provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council...more

Trademark Functionality and Fashion – Tips for Clients

Trademark protection is very important in the fashion industry. The ability to protect certain logos and design features may determine the success of a fashion designer’s business. Thus, it is crucial to understand how to...more

Top tips for Australian designers and fashion businesses

I will survive! Global law firm K&L Gates hosted a panel of experts, featuring David Briskin (Executive Chairman, sass & bide and Director, VAMFF), Rachel Smith (Partner, Deloitte Touche Tohmatsu) and Jol Rogers (Partner, K&L...more

Privacy By Design? Fashion Flair Transforms Wearable Technologies

The year 2014 is being hailed as the year of wearable technologies. Wearables captured significant attention at January’s International Consumer Electronics Show in Las Vegas, and hundreds of new products are expected to be...more

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