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United States Patent and Trademark Office › Fashion Design

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Rothwell, Figg, Ernst & Manbeck, P.C.

Fashion Meets Web3 – Protecting Emerging Phygital Fashion Innovations

Rothwell, Figg, Ernst & Manbeck, P.C. on

Web3, the up-and-coming decentralized iteration of the World Wide Web built on the blockchain, presents a unique opportunity for fashion brands to provide consumers with phygital—physical plus digital—experiences. Creating...more

Kohrman Jackson & Krantz LLP

The Ohio State University Wins the War

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By now, news has broken about The Ohio State University and its official registration of a trademark for the word “THE”. This comes after a nearly three-year battle to clinch legal branding access to a word that’s deeply...more

Knobbe Martens

Choosing the Right IP to Protect Fashion Goods

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It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 23

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The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Akerman LLP - Marks, Works & Secrets

Slogans As Marks: When Does a Slogan Function as a Mark

Akerman LLP - Marks, Works & Secrets on

Slogans can, but do not always, function as trademarks. To be sure, the United States Patent and Trademark Office (“USPTO”) frequently allows slogans such as JUST DO IT! or QUALITY THROUGH CRAFTSMANSHIP, among many others, to...more

Perkins Coie

Sustainable Apparel: Using Trademarks to Communicate Ecological Commitments

Perkins Coie on

Consumers today are increasingly conscious of environmental issues. A recent study found that 50% of CPG (consumer packaged goods) growth from 2013 to 2018 came from sustainably marketed products. Younger generations in...more

Knobbe Martens

Design Patent Protection for Fashion

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On May 12, 2020, the United States Patent and Trademark Office issued over 700 new design patents. Fashion-related designs figured prominently among the new patent grants including accessories like eyeglasses (see U.S. Design...more

Foley Hoag LLP - Making Your Mark

The Top 5 Most Fashionable Intellectual Property Disputes To Walk This Year’s Runways at New York Fashion Week

Foley Hoag LLP - Making Your Mark on

New York Fashion Week (NYFW) officially kicks off today, February 7, 2020, with a week’s worth of captivating runway shows from top designers. The timing, however, could not be worse, since the 92nd Academy Awards is airing...more

Akerman LLP - Marks, Works & Secrets

Unitary Design Mark Rescues a Phrase Which Failed To Function As A Trademark

Akerman LLP - Marks, Works & Secrets on

In a recent decision on remand from the Federal Circuit, the Trademark Trial and Appeal Board (“Board”) rejected Petitioner adidas AG’s (“adidas”) claim that Respondent Christian Faith Fellowship Church (“CFFC”) abandoned its...more

Dorsey & Whitney LLP

Kim K’s “Kimono” – A Snapshot of Cultural Appropriation

Dorsey & Whitney LLP on

After receiving a wave of backlash against the decision to name her new shapewear line “Kimono” – as in the name for the traditional Japanese garment – Kim Kardashian has recently relented from adopting the term as a part of...more

Foley Hoag LLP - Making Your Mark

Cultural and Intellectual Property Appropriation: Disputes Over Culturally-Inspired Fashions

Foley Hoag LLP - Making Your Mark on

If you haven’t heard already, New York Fashion Week is here! As usual, a lineup of awe-inspiring shows is expected to roll out over the next several days, as it does every September and February, highlighting the latest...more

Knobbe Martens

The Crown Jewels: How to Protect Your Jewelry Designs

Knobbe Martens on

Knock-offs and ‘copycat’ designs are nothing new to the fashion world. The rising demand for “fast fashion” and bargain hunting alike make knock-offs particularly attractive to the consumer’s insatiable appetite. This trend...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 18

Katten Muchin Rosenman LLP on

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Akerman LLP - Marks, Works & Secrets

Disparaging, Immoral and Scandalous Trademarks in the Supreme Court: Beyond Tam to Brunetti

Akerman LLP - Marks, Works & Secrets on

This blog has followed the evolving judicial views concerning disparaging trademarks, culminating in the Supreme Court’s decision in in Matal v. Tam, 137 S. Ct. 1744 (June 19, 2017)....more

Akerman LLP - Marks, Works & Secrets

Hashtag Is Not Enough to Save Another will.i.am Trademark Application

Akerman LLP - Marks, Works & Secrets on

William Adams is a musical performer who is more famously known by his stage name, will.i.am. A recent ruling from the United States Patent and Trademark Office, Trademark Trial and Appeal Board, unfortunately makes him a...more

Ladas & Parry LLP

TTAB Decision Underscores Difficulty Of Proving Fraud Before The USPTO

Ladas & Parry LLP on

In Tommie Copper IP Inc v Gcool-Tech Usa LLC (Opposition No 91223768 (9 May 2018) [not precedential]), the Trademark Trial and Appeal Board (TTAB) has dismissed an opposition where the applicant did not have use in commerce...more

Akerman LLP - Marks, Works & Secrets

Tam Extended: Prohibition of “Immoral and Scandalous” Trademarks Unconstitutional

Akerman LLP - Marks, Works & Secrets on

The Court of Appeals for the Federal Circuit recently extended First Amendment protections for trademark applications in In re Brunetti, No. 15-1109 (Fed. Cir. December 15, 2017), ruling that Section 2(a) of the Lanham Act’s...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Akerman LLP - Marks, Works & Secrets

Trade Dress Claim Based on Shoe’s Rectangular Metal Toe Plate Booted by SDNY

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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

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