Stealth Lawyer: Loni Edwards, Fashion Startup Founder
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
Despite its reputation for over-filtered pictures, fashion blogging on #Instagram has moved the needle and compelled the fashion industry to welcome a group of #fashionistas that traditionally have been considered the...more
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
What would the retail industry be without Fashion Week, the twice-a-year event series during which major designers launch their women’s ready-to-wear lines? What we see on the catwalk during this week highly influences...more
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
Recently, the Sixth Circuit Court of Appeals ("Sixth Circuit") in Varsity Brands, Inc. v. Star Athletica, LLC, decided that clothing designs (in this case, a cheerleading uniform) can be protected by copyright under the...more
After two years of battle in court, Tory Burch LLC (“Tory Burch”) wins $41.2 million ($38.9 million in damages and $2.3 million in attorneys’ fees) in its trademark infringement lawsuit against Lin & J International, Inc....more
Sugartown Worldwide, LLC (“Sugartown”), a Delaware limited liability company with its principal place of business in Pennsylvania, filed suit for copyright infringement, money damages, injunctive relief, seeking destruction...more
The barrage of counterfeit jewelry products bearing the “Isis Cross” will cease! After more than two years of battling with counterfeiters, Tory Burch, LLC and its subsidiary (“Tory Burch”) secured a $41 million judgment and...more
In a surprising move last week, Urban Outfitters and its subsidiaries (collectively “Urban Outfitters”) moved to withdraw their motion for partial summary judgment on the secondary liability claims being brought against them...more
On April 8, 2015, Adidas filed suit against Marc by Marc Jacobs (“Marc”) in the United States District Court of Oregon for trademark infringement, unfair competition, trademark dilution, and deceptive trade practices based on...more
The United States editorial team is delighted to bring you the sixteenth edition of Law à la Mode, the quarterly legal magazine produced by DLA Piper's Fashion, Retail and Design Group.
In April 2014, we published an...more
Battles continue to wage over use of the “Navajo” and “Navaho” marks in New Mexico federal court. The Navajo Nation (“the Nation”) sued Urban Outfitters and its subsidiaries, including one of my favorite retailers,...more
The Second Circuit recently vacated a contempt order entered against the U.S. Polo Association for selling sunglasses with its logo depicting two mounted polo players vying for a ball. The Second Circuit found that the...more
On 21 April 2015 the General Court issued two parallel judgments in cases T-359/12 and T-360/12, confirming the declaration of invalidity of Louis Vuitton’s two Community trademarks, consisting of chequerboard patterns,...more
This week in Milan everything is about design. Recently, 3D printing generated a lot of interest in the design industry, allowing any user to manufacture small batches of identical copies of an object at a low cost....more
Cosmetics/luxury goods giant LVMH (Louis Vuitton Moët Hennessey, for the plebians among us) has lost a recent attempt to trademark the term “Brow Bar” in Australia. Australian beautician Chernae Noonan opposed LVMH’s...more
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
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
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
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
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.
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 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
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.
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