SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits -
On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant...more
Welcome to the Fall 2019 issue of Kattwalk. In this issue, we are pleased to introduce you to Bret Danow, a partner in Katten’s New York office with a broadbased trademark practice that covers the entire lifecycle of a brand,...more
10/25/2019
/ Copyright ,
European Copyright Directive ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Patents ,
Retail Market ,
SCOTUS ,
Trademark Trial and Appeal Board ,
Trademarks ,
Transformative Use
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
6/4/2019
/ Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Intellectual Property Protection ,
Petition for Writ of Certiorari ,
SCOTUS ,
Split of Authority ,
Trademark Trial and Appeal Board ,
Trademarks
In an 8-1decision issued on May 20, the Supreme Court held that rejection of an executory trademark license agreement in a bankruptcy of the licensor is merely a breach, and not a termination or rescission, of the agreement....more
5/23/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
6/8/2018
/ Advertising ,
Class Action ,
Corporate Branding ,
False Advertising ,
Federal Trade Commission (FTC) ,
Health Claims ,
Issue Preclusion ,
Product Labels ,
Product Packaging ,
Self-Certification ,
Slogans ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
2/26/2018
/ Christian Louboutin ,
Fashion Design ,
Fashion Industry ,
First Amendment ,
Fox Broadcasting ,
General Data Protection Regulation (GDPR) ,
Internet Retailers ,
Lanham Act ,
Retailers ,
Television Shows ,
Trademark Infringement ,
Trademarks ,
Website Accessibility
Disputes Between Departing Member and Remnant Group -
In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
5/15/2017
/ Dropbox ,
Fashion Branding ,
Fashion Industry ,
Fee-Shifting ,
IP Assignment Agreements ,
Lanham Act ,
Likelihood of Confusion ,
Social Networks ,
Trademark Infringement ,
Trademark Opposition Proceedings ,
Trademark Trial and Appeal Board ,
Trademarks ,
Trader Joes
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
3/16/2016
/ Adidas ,
Class Action ,
Discount Pricing ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Issue Preclusion ,
Native Advertising ,
Non-Use of Trademarks ,
Trademark Litigation ,
Trademark Opposition Proceedings ,
Trademark Trial and Appeal Board
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
Letter From the Editor -
Fashion Week has come and...more
10/16/2015
/ Acquiescence ,
Affirmative Defenses ,
Appeals ,
Cheerleaders ,
Confidential Information ,
Copyright ,
Copyright Infringement ,
Dilution ,
Fashion Industry ,
Filing Fees ,
Generic ,
Laches ,
Lanham Act ,
Likelihood of Confusion ,
Misappropriation ,
Preliminary Injunctions ,
Presumption of Validity ,
Summary Judgment ,
Trade Secrets ,
Trademark Infringement ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Trial de Novo ,
Undue Prejudice ,
Uniforms ,
USPTO
Happy summer! We are seeing some great new styles this summer here on Madison Avenue, and of course, there are a number of hot legal issues to consider as we head into the fall. Our latest issue discusses the applicability of...more
7/29/2015
/ Advertising ,
Bad Faith ,
Domain Names ,
Infringement ,
Trademark Act ,
Trademark Trial and Appeal Board ,
Trademarks ,
UDRP ,
Use in Commerce ,
USPTO ,
WIPO
In this issue:
- “Google It”: The Search Engine’s Trademark May Be a Verb, But It’s Not Generic
- You Say “Tom‘ah’to,” I Say “Tom‘ay’to”: Determining the Correct Pronunciation of Uniquely Coined...more
In this issue:
- The Early Bird Gets the Trademark: Don’t Delay Filing Intent-to-Use Applications
- Color Wars: Narrowing Color Claims in Trademark Rights
- It’s Good to Be Famous: TTAB Expands...more
In this issue:
- Trademark Infringed? No Preliminary Injunction Unless Irreparable Harm Proved
- Want to Reserve a Trademark? Be Prepared to Prove You Will Use It
- Around the Horn: Customs and...more
In this issue:
- New Rules on Use of Child Models
- Impact of TTAB Rulings on Court Decisions
- Sports Teams’ Logos and Marks May Be Different
- It’s Ten O’Clock—Do You Know Where Your Company’s...more
In this issue:
- Questions Left Unanswered by Louboutin Case
- Supreme Court Rules on Covenant Not to Sue
- An Eye for Fashion: New York Magazine Presents New York’s
- Women Leaders in the...more