International sportswear company Nike filed a lawsuit against a Los Angeles-based manufacturer alleged to have produced thousands of inauthentic Nike® Dunk®-inspired sneakers.
Interestingly, the lawsuit was filed shortly...more
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
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
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
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
On December 28, 2018, both Calvin Klein and the parent company of the department store Saks Fifth Avenue, were sued by Wongab Corporation in the U.S. District Court for the Central District of California. ...more
On November 7, 2018 Louis Vuitton Malletier, S.A. filed a complaint in the Southern District of New York against i-Fe Apparel, Inc., Yongun Jung, and a number of presently unknown entities and individuals (“Defendants”)....more
1/22/2019
/ Corporate Counsel ,
Counterfeiting ,
Dilution ,
False Designation of Origin ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Louis Vuitton ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Willful Infringement
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
Two high-end, off-price fashion brands are duking it out over an employee jumping ship from Century 21 Department Stores, LLC to Rue Gilt Groupe. On November 5, 2018, Century 21 sued Rue Gilt Groupe and Berenice Arcuri in...more
12/13/2018
/ Breach of Contract ,
Choice-of-Law ,
Confidentiality Agreements ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Former Employee ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Proprietary Information ,
Restraint of Trade ,
Trade Secrets
On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an earlier post on this blog, we...more
12/6/2018
/ Abstract Ideas ,
Affirmative Defenses ,
CLS Bank v Alice Corp ,
Fashion Design ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Nike ,
Nonobvious ,
Novelty ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Puma ,
Section 101 ,
Utility Patents
In April 2016, Beyoncé Knowles-Carter (known mononymously as “Beyoncé”) filed a trademark suit in the Southern District of New York against Feyonce, Inc., an online business that sells clothing, apparel, and assorted goods...more
10/29/2018
/ Beyonce ,
Dilution ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Genuine Issue of Material Fact ,
Injunctive Relief ,
Likelihood of Confusion ,
Puns ,
Summary Judgment ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Unjust Enrichment
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
In the fashion and beauty world, the copying of higher-priced brands is widespread. While in fashion, the term for copies of designer products is “knockoffs,” in beauty, the term is “dupes.” Whether it is a colloquial use of...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
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