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
Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...more
2/23/2019
/ Cease and Desist ,
Declaratory Judgments ,
Design Patent ,
Fashion Design ,
Fashion Industry ,
Functionality ,
Nonobvious ,
Novelty ,
Ornamental Design ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Section 101 ,
Section 102 ,
Skechers ,
Substantially Similar
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
Edited by Catherine Holland What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter. Design patents are much more common in the fashion industry since design...more
As discussed in our previous blog post Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision, Puma sued Forever 21 for design patent infringement, trade...more
Buscemi, LLC (“Buscemi”) filed for a design patent on June 2, 2016. In March 2017, while the patent application was pending, Buscemi alleges that it became aware that Styleline Studios International and JSL Studio...more
On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due to the influence of music artist, Rihanna as the label’s brand ambassador. In its complaint,...more
Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more
3/27/2017
/ Consent Order ,
Design Patent ,
Dilution ,
False Designation of Origin ,
Fashion Design ,
Fashion Industry ,
Inherently Distinctive ,
International Trade Commission (ITC) ,
Lanham Act ,
Permanent Injunctions ,
Secondary Meaning ,
Service Marks ,
Trade Dress ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry...
..Design patents should always be considered for timeless and iconic pieces or...more
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
CUBA -
Six months have passed since President Obama and Cuban President Raul Castro made the historic decision to reestablish diplomatic relations between the U.S. and Cuba. Although Congress has not yet voted to lift...more
6/20/2015
/ Cuba ,
Design Patent ,
Embargo ,
First-to-File ,
France ,
Intellectual Property Protection ,
International Trademark Protection ,
Patents ,
Trademark Application ,
Trademark Registration ,
Trademarks