On December 28, 2018, Nirvana LLC filed a lawsuit against designer Marc Jacobs in the Central District of California, alleging copyright and trademark infringement. Nirvana LLC is the legal entity which controls the band...more
3/2/2019
/ Continuous Use Requirement ,
Copyright ,
Copyright Infringement ,
Fashion Branding ,
Fashion Design ,
IP License ,
Merchandising Rights ,
Music Industry ,
Nirvana ,
Trademark Infringement ,
Trademarks
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
1/18/2019
/ Copyright ,
Copyright Registration ,
Design Patent ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Functionality ,
Intellectual Property Protection ,
IP Portfolio ,
Jewelry ,
Originality ,
Patent Applications ,
Product Packaging ,
Trade Dress ,
Trademark Registration ,
Trademarks ,
USPTO
Fashion Week San Diego is this weekend—one of the few fashion shows open to the fashion industry and the general public! Fashion shows are exhilarating. As an intellectual property (“IP”) attorney, however, fashion shows...more
U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more
8/15/2017
/ China ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Counterfeiting ,
Customs and Border Protection ,
Fashion Branding ,
Fashion Industry ,
Illegal Imports ,
Intellectual Property Protection ,
Recordation ,
Search & Seizure ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more
7/4/2017
/ Accounting ,
Celebrities ,
Copyright ,
Copyright Infringement ,
Damages ,
Exclusive Use ,
Fashion Industry ,
Fraud ,
Injunctive Relief ,
IP License ,
Legal Fees ,
Manufacturers ,
Music Industry ,
Name and Likeness ,
Photographs ,
Popular ,
Retailers ,
Right of Publicity ,
Trademarks
Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more
6/9/2017
/ Brand ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Disparagement ,
Fashion Branding ,
Fashion Industry ,
First Amendment ,
International Trade Commission (ITC) ,
Lee v Tam ,
Louis Vuitton ,
Paintings Sculptures and Engravings ,
Parody ,
Punitive Damages ,
SCOTUS ,
Secondary Meaning ,
Star Athletica v Varsity Brands ,
Tiffany and Company ,
Trade Dress ,
Trademark Infringement ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Uniforms
On April 4, 2017, the Ninth Circuit ruled that Urban Outfitters and Century 21 (collectively “Urban”) were liable for willful infringement of a copyrighted fabric design owned by Unicolors Inc. Unicolors is a Los Angeles...more
The U.S. Supreme Court issued their opinion on Star Athletica v. Varsity Brands on Wednesday, March 22. Should fashion designers rejoice or be fearful? That depends. Designers who repeatedly have original fashion designs...more
3/30/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe....more
Social media platforms are very useful, but they also create legal issues. Without question, social media has changed the way businesses communicate with their clients and consumers. Likewise, social media has changed the way...more
10/21/2015
/ Advertising ,
Celebrity Endorsements ,
Copyright ,
Copyright Infringement ,
Facebook ,
Fair Use ,
Intellectual Property Protection ,
Name and Likeness ,
Patents ,
Personal Brands ,
Right of Publicity ,
Social Media ,
Social Media Policy ,
Terms of Use ,
Trade Secrets ,
Trademarks ,
Twitter