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
When they launched “Call Her Daddy” in 2018, Sofia Franklyn and Alexandra Cooper were relatively unknown. They were two New York City friends candidly dishing about dating and sex without any euphemisms on the internet....more
On June 19, 2020, Kim Kardashian West’s (“Kardashian West”) company KKW Beauty, LLC (“KKW”) was sued in California Superior Court by its business partners Seed Beauty (“Seed”) alleging trade secret infringement. According to...more
8/18/2020
/ Breach of Contract ,
Confidentiality Agreements ,
Cosmetics ,
Fashion Branding ,
Fashion Industry ,
Intellectual Property Protection ,
Irreparable Harm ,
Kardashians ,
Kim Kardashian ,
Misappropriation ,
Non-Disclosure Agreement ,
Proprietary Information ,
Trade Secrets ,
TRO
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
About 40 years ago, marketing strategists Al Ries and Jack Trout offered the world a way to think about making a brand memorable. The best way to be remembered is to be first into your prospect’s mind representing a clear...more
The U.S. Patent and Trademark Office (USPTO) allows for a trademark application to be filed on an “Intent to Use” basis to establish a priority date before the mark is actually “used in commerce.” However, such use in...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
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
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
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