On January 30, 2019, the luxury jewelry suppliers Van Cleef & Arpels filed suit in the United States District Court for the Southern District of New York against Nice Ice Fine Jewelers, LLC (“Defendant”). Van Cleef & Arpels’...more
3/27/2019
/ Attorney's Fees ,
Common Law Claims ,
Damages ,
Dilution ,
Fashion Branding ,
Fashion Design ,
Federal Trademark Register ,
Lanham Act ,
Likelihood of Confusion ,
Permanent Injunctions ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Unfair Competition
Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more
3/1/2019
/ Attorney's Fees ,
Consumer Confusion ,
Corporate Branding ,
Cosmetics ,
Damages ,
False Advertising ,
False Designation of Origin ,
Fashion Industry ,
FDA Approval ,
First Sale Doctrine ,
Gray Market Goods ,
Imports ,
Injunctive Relief ,
Lanham Act ,
Materiality ,
Product Packaging ,
Quality Control Plan ,
Tariff Act of 1930 ,
Tortious Interference ,
Trademark Exhaustion ,
Trademarks ,
U.S. Customs ,
Unfair Competition
Update: U.S. District Court Judge Laura Taylor Swain has awarded Tiffany & Co. $11.1 million in treble profits and $8.25 million in punitive damages. Judge Taylor Swain wrote in her opinion that Costco’s management “displayed...more
8/18/2017
/ Corporate Branding ,
Costco ,
Damages ,
Genericide ,
Jury Trial ,
Lost Profits ,
Punitive Damages ,
Summary Judgment ,
Tiffany and Company ,
Trademark Infringement ,
Trademarks ,
Treble Damages ,
Unfair Competition
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
In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more
2/11/2017
/ Appeals ,
Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Cell Phones ,
Component Parts Doctrine ,
Damages ,
Design Patent ,
Fashion Industry ,
Patent Infringement ,
Patents ,
SCOTUS ,
Smartphones