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Trademarks › Fashion Industry

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Foley & Lardner LLP

Gold Medal Intellectual Property: Copyrights and Trademarks at the Olympics

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With around 3 billion people tuning in to each Olympic Games, and Paralympic Games viewership on the rise, the Olympics are some of the most widely watched televised events in the world. Athletes are not the only focus of...more

Kohrman Jackson & Krantz LLP

Trademark Battle: Nike Sues Former Collaborator Over Custom Sneaker Designs

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Nike recently filed suit in Federal Court in the Southern District of New York claiming trademark infringement and unfair competition by its former licensee, S2, Inc., owned by a popular shoe customizer named Dominic...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #4

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The breach of contract trial against a woman claiming to be Jerry Jones’ daughter is scheduled to start next Monday, and the Cowboys owner is expected to testify on the witness stand....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #3

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Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more

Sunstein LLP

Tacking in Trademark Law: Even Big Brands Sometimes Miss the Mark

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Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without...more

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2024

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As we make further strides into 2024, the fashion, apparel & beauty landscape continues its dynamic evolution, marked by opportunities and challenges. Consumer preferences, technological breakthroughs, geopolitical shifts,...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2024 #3

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A federal appeals court on Tuesday overturned the West Virginia law banning transgender girls from playing on girls’ sports teams, finding that it violates Title IX, the federal civil rights law that prohibits sex-based...more

Smart & Biggar

Interlocutory injunctions: powerful tools for trademark owners in Canada

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A recent Canadian decision illustrates how powerful interlocutory injunctions can be for trademark owners involved in trademark infringement litigation in Canada. On January 2, 2024, in Amer Sports Canada Inc v Adidas Canada...more

Katten Muchin Rosenman LLP

Street Artists Allege Nonconsensual Use of Their Works by Two Major Fashion Retailers - Kattison Avenue/Katten Kattwalk | Issue 3

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We continue to monitor lawsuits that lie at the intersection of street art, fashion and advertising. Previous issues of Kattison Avenue and Katten Kattwalk have covered the risks that generally come with using street art on...more

Katten Muchin Rosenman LLP

Can Significant Sales Be the Fast Track to Trade Dress Protection? - Kattison Avenue/Katten Kattwalk | Issue 3

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When a retail brand has a consistent, unique look and seeks enforcement against a too-similar competitor or a brash counterfeiter, trade dress protection under the Lanham Act provides the muscle. But part of what makes trade...more

Katten Muchin Rosenman LLP

Through the Lens: Jarrod Weber, Group President Lifestyle and Chief Brand Officer, Authentic Brands Group LLC - Katten Kattwalk |...

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Your interest in brands and fashion dates back well before law school and your time as a Katten associate. Tell us about what led you to Authentic Brands Group and how your role has changed since we last interviewed you in...more

Katten Muchin Rosenman LLP

One Step Ahead: Louboutin's Lawsuit Victories - Katten Kattwalk | Issue 26

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In the world of fashion, few things are as iconic as Christian Louboutin's signature red-soled shoes. Since Louboutin painted the sole of a shoe with his assistant's red nail varnish in 1993, the red-bottomed sole has become...more

Katten Muchin Rosenman LLP

Insider View: Colette Stanford, Chief Legal Officer at SPARC Group LLC - Katten Kattwalk | Issue 26

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Tell us about your career path from Aeropostale, Inc. to SPARC Group LLC. - When I joined Aeropostale, Inc. (Aeropostale) in February 2007, I would not have imagined that my career would become what it is today. I was the...more

Epstein Becker & Green

Battle of the Brands

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Summer 2023 is heating up to be the Summer of Barbie. Last week Mattel filed a Notice of Opposition against Burberry’s proposed “BRBY” trademark with the Trademark Trial and Appeal Board asserting likelihood of confusion with...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 25

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Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...more

Goodwin

MetaBirkins Post-Trial Ruling Clarifies Line Between Trademark Infringement and Free Expression and Grants Broad Injunctive Relief

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On Friday, June 23, 2023, Judge Jed Rakoff issued a highly anticipated decision, permanently enjoining artist Mason Rothschild from selling “MetaBirkin” NFTs, which depict furry, digital versions of the Hermès signature...more

Clark Hill PLC

Establishing a Successful Fashion and Clothing Company

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Establishing a successful clothing company presents numerous unique challenges and legal intricacies. To achieve lasting success, it is crucial to find the right balance between business, legal, and creative considerations....more

Kilpatrick

4 Key Takeaways - 13th Annual Fashion Law Symposium

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Kilpatrick Townsend’s Sindy Ding-Voorhees recently spoke at the “13th Annual Fashion Law Symposium” held by the Fashion Law Institute at Fordham University Law School. Ms. Ding-Voorhees joined other industry leaders on a...more

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2023

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The fashion industry has experienced another year of continued change driven by consumer trends, innovation in technology, geopolitical and public health issues, and legal developments, and we don’t anticipate that stopping...more

Dinsmore & Shohl LLP

Trademark Rights In The Metaverse: Lessons Gleaned From The Hermes MetaBirkin Case

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Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that...more

Haug Partners LLP

Adidas v. Thom Browne

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The battle between Thom Browne and Adidas over a striped design dates back to 2007. For over 20 years, Thom Browne has been a force in luxury fashion, bringing a unique and distinctive design aesthetic that combines classic...more

Stark & Stark

The Limits of Artistic Expression: A Look Behind How MetaBirkin NFTs Infringed on Hermès’ Famous Trademark and Handbag Trade Dress

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In early 2023, a federal jury found an opportunistic meta-artist infringed on a luxury fashion house’s iconic handbag trademark. Digital artist Mason Rothschild created 100 unique “MetaBirkin” non-fungible tokens (“NFTs”)...more

Barnea Jaffa Lande & Co.

Abstract Elements and Trademark Dilution – Adidas vs. Browne

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Thom Browne, a prominent US designer, introduced a four parallel stripes motif into his clothing designs several years ago. Not taking kindly to Browne’s move, in 2021, Adidas, the major sportswear brand, filed a lawsuit...more

Bodman

First-of-Its-Kind Lawsuit Pitting Claims of Artistic Expression Involving NFTs Against Trademark Rights Should Have All Mark...

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Regardless of whether your business has any current plans to develop digital goods, including “non-fungible tokens” (NFTs), a recent verdict in a first-of-its-kind case involving trademark rights and digital assets should...more

Shutts & Bowen LLP

Case Update: Hermès Prevails in MetaBirkins Lawsuit; Jury Rejects Rothschild’s First Amendment Defense

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Luxury fashion brand Hermès sued Mason Rothschild in January 2022 alleging that the digital images underlying the non-fungible tokens (“NFTs”) produced and sold by Rothschild depicting faux fur-covered Birkin handbags – the...more

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