Fashion Design

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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

Trade Dress Infringement: Ivanka Trump Sued for Stepping on Aquazzura’s Toes

On June 21, 2016, Aquazzura Italia SRL (“Aquazzura”), an Italian shoe company, filed a complaint against Ivanka Trump, IT Collection LLC, Marc Fisher Holdings LLC, and M.B. Fisher LLC (collectively, the “Defendants”) for...more

“In-Season Relevancy” Is in Season this September

The fashion industry is at a crossroads. Designers must decide whether to continue the age-old tradition of previewing their collections during Fashion Week four to six months before they are available in stores (with fall...more

Alibaba Wins Dismissal of RICO Claims Asserted by Eight Luxury-Brand Plaintiffs

The Chinese e-commerce giant Alibaba Group Holding Ltd. (“Alibaba”) is making headlines once again with its recent victory in New York federal court. Notorious for allegedly enabling the sale of counterfeit products on its...more

Rio 2016: Out Counterfeiting the Counterfeiters

The Rio Olympics have decided that the best way to fight counterfeiters is to beat them at their own game; counterfeit themself. That’s not entirely true. Of course, you can’t really counterfeit what you own the rights to,...more

Business Litigation Report - July 2016

Article: Increase in Vertical Price Restraint Enforcement in China - In recent months, Chinese anti-monopoly enforcement actions scrutinizing and penalizing pricing-related issues have noticeably increased. A growing...more

Supreme Court to Clarify Test for Copyright Protection of Useful Articles

On May 2, 2016, the Supreme Court granted certiorari from the United States Court of Appeals for the Sixth Circuit to resolve a multi-circuit split over “the appropriate test to determine when a feature of a useful article is...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

Meet The Jetsons: Fashionable Technology

In the opening montage of the famous American 1980’s sitcom, The Jetsons, we see the family zipping through their futuristic utopia donning clothing and accessories that we could only dream of, until today. Coco Chanel once...more

Comic-Con, Costumes, and Copyright Concerns

Get ready, nerds! This summer’s Comic-Con season is almost upon us and your costume is not going to make itself. But before you squeeze into your tights and cape, do you need to worry about copyright infringement? This blog...more

Is Graffiti Ineligible for Copyright Protection Just Because the Act of Tagging is Illegal?

After reports of a settlement proved premature, designer Moschino S.p.A. and its creative director Jeremy Scott have moved for summary judgment on the copyright claims filed last year by street artist Joseph Tierney, better...more

Death Knell for Knockoffs and Counterfeits?

U.S. Supreme Court Agrees to Define the Test for Copyrightability of Designs on Useful Articles - The U.S. Supreme Court recently agreed to hear the question that, as one Appellate Court characterized, has had the...more

Say Yes to the Redress: A Potential Shift in Copyright Law May Arm the Fashion Police

Until recently, social media has been one of the only recourses for fashion designers and labels that have had their designs knocked off. Take the Acquazurra “Wild Thing” sandal, for example. Acquazzura is a high-end shoe...more

Protecting Fashion through Copyrights: The Supreme Court Will Decide Whether Cheer Uniform Designs Are Protectable

Last week, the U.S. Supreme Court announced that it will address the issue whether apparel can be protected by copyright law—a question described by the petitioners in the case as “the single most vexing, unresolved question...more

US Supreme Court to Review Standard for Copyright Protection of Clothing

The decision in this case will clarify the conceptual separability test and could offer broader protection for useful articles. The US Supreme Court granted certiorari on May 2 in Star Athletica, L.L.C. v. Varsity...more

Cheerleaders and Laches

Monday the U.S. Supreme Court agreed to hear cases on patent laches, SCA Hygiene Products Aktiebolag et al. v. First Quality Baby Products, LLC et al., and copyright protection for clothing, Star Athletica, LLC v. Varsity...more

Supreme Court Continues Focus on IP

Here we go again: The United States Supreme Court today decided to review two more intellectual property cases. That makes three IP cases so far for next Term (which begins this October), already equaling the number of IP...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

Reason to Cheer – SCOTUS Suits Up to Hear Copyright Clash Over Cheerleading Uniforms

Hold onto your pom-poms, copyright fans. On May 2, 2016, the U.S. Supreme Court granted certiorari to address a question that has vexed lower courts across the land: What is the appropriate test to determine when a feature...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

Revamping the Runway-to-Retail Model

With the increase in digital coverage of Fashion Week, from live streams to Snapchat stories and Instagram postings, designers have put what might be considered the most coveted and exclusive ticket in town directly in the...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

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