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Trademarks › Retailers

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 -
Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

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Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...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

Weintraub Tobin

Podcast: The Briefing - Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble

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In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this...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

Hogan Lovells

2022 Annual Retail and Fashion Holiday Guide

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The holiday shopping season is upon us once again and this year, much like last year, continues to present unique challenges and opportunities for consumer companies and retailers. In this nearly “post-COVID” environment,...more

Perkins Coie

Sustainability Trends and IP Issues for Fashion Brands

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The fashion industry is one of the most polluting industries in the world and is responsible for roughly 10% of global greenhouse gas emissions. There are many contributing factors to this problem, including pollution from...more

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2022

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The fashion industry has certainly seen its fair share of change over the last year given consumer trends, geopolitical & public health issues, innovation in technology and legal developments and we don’t anticipate that...more

Hogan Lovells

Happy (green) holidays and a sustainable new year

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Consumers want to buy sustainable gifts in increasing numbers this holiday season. And brands of course, want to sell to them. The result is that brands are increasingly going green, by adopting sustainable business models...more

K&L Gates LLP

Fashion Law Update - November 2021

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In this edition of Fashion Law, we look at the trends, emerging and evolving, within the retail, luxury goods and fashion sectors post COVID-19 around the world. In this edition, we focus on a few themes which include: ...more

Sheppard Mullin Richter & Hampton LLP

Practice Tips for Combating Counterfeiters: An Action Plan for Brands, Manufacturers and Retailers

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The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product. This...more

Dorsey & Whitney LLP

The Name Lives On: the eCommerce Rebirth of Brick and Mortar Brands

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The impact of COVID-19 restrictions and precautions, combined with trending consumer preferences to shop online, is fueling bankruptcy filings of well-known brick-and-mortar brands. As customers bid farewell to fond strip...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Identifying IP Opportunities in Today’s Economy

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COVID-19 has taken a significant toll on a variety of businesses, and despite their best efforts, some may end up in bankruptcy. For those businesses, selling IP assets may enable them to find liquidity to satisfy creditors...more

K&L Gates LLP

Fashion Law Update - October 2020 Edition

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In this edition of Fashion Law, we have a huge selection of articles from around the world. Firstly, given the turmoil over the past year and how many brands have filed for insolvency or needed to restructure, we provide...more

Dorsey & Whitney LLP

For Glossier, Inc., Pink Isn’t Just a Shade of Makeup

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Over the past decade, the influx of online shopping and home delivery has made every day feel like Christmas. The presence of an ever-growing network of online retailers makes it easier than ever to order just about anything...more

Jones Day

JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions

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A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the "Tiffany" name. Jones Day partners Meredith Wilkes and...more

Smart & Biggar

Co-branding: One product, two trademarks – who has the rights?

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Co-branding is usually understood as the use of two or more trademarks on a single product, each mark belonging to a different owner and pointing to a different source. A common example of co-branding is a brand A car with...more

Dorsey & Whitney LLP

This Could Change Everything: Nike Appeals Fleet Feet Injunction on Basis of Free Speech

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Fleet Feet, Inc. is a national running equipment retail store chain and owner of the trademarks CHANGE EVERYTHING and RUNNING CHANGES EVERYTHING for retail sporting goods stores and athletic apparel and related goods and...more

ArentFox Schiff

Court Rules Trademark Infringement Enough to Hold Landlord Liable

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Last year, the Eleventh Circuit affirmed a judgment holding that a landlord’s constructive knowledge of its tenant’s trademark infringement is enough to hold the landlord liable. Several years earlier, Arent Fox...more

Lowndes

Cannabis Conundrum: No Federal Trademark Protections Without Federal Legalization

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Despite the trend of state legalization of cannabis and overwhelming market attention paid to cannabis companies, owners of cannabis businesses still cannot obtain federal trademark protection for their cannabis related...more

Carlton Fields

EU Court Rules Cannabis Trademark Unregistrable as Contrary to Public Policy

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The General Court of the European Union ruled on December 12 that the Cannabis Store Amsterdam logo was unregistrable as violative of public policy and morality because it would encourage illegal activity. This decision is...more

Lowndes

Landlord Liability for Tenant’s Counterfeit Sales

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Should landlords care what business their tenants are operating? The obvious general answer of “yes” now has a more detailed and important caveat. If your client is retailing goods, you as a landlord may be liable if those...more

Fenwick & West LLP

Eleventh Circuit Affirms Contributory Trademark Infringement Award

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The United States Court of Appeals for the Eleventh Circuit affirmed liability under the “know or has reason to know” standard for contributory trademark infringement in Luxottica Group, S.p.A. v. Airport Mini Mall, a case...more

ArentFox Schiff

Punitive Damages Claim Plucked from Brooke Shields Eyebrow Lawsuit

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Despite a recent setback, a right of publicity lawsuit filed by the actress Brooke Shields against a cosmetics company and several major retailers will proceed in California state court....more

Ballard Spahr LLP

"Retail Rap" – Analysis of Business and Legal Trends in the Industry: July 2019

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From environmental concerns to accessibility in online shopping and the seemingly never-ending battle against counterfeiting, retail issues are making news—and presenting legal challenges to the industry. In this issue, we...more

Goulston & Storrs PC

Stay in the Know: Recent Developments in Trademark Law

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Retailers generally appreciate that their brands are among their most valuable assets. But it can be challenging for them to know how current trademark law will affect their selection, registration, and enforcement of those...more

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