On October 30, 2018, the Federal Circuit weighed in on Converse’s Chuck Taylor trade dress infringement lawsuit. As reported in If the IP Fits, Wear It: IP Protection For Footwear – a U.S. Perspective, Converse filed over 30...more
11/30/2018
/ Appeals ,
Exclusion Orders ,
Imports ,
International Trade Commission (ITC) ,
Remand ,
Reversal ,
Secondary Meaning ,
Trade Dress ,
Trademark Infringement ,
Trademark Invalidity ,
Trademark Registration ,
Wearable Technology
On October 19, 2018 plaintiffs CAR-FRESHNER Corporation (“CFC”) and Julius Sämann Ltd (“JSL”) filed suit against Balenciaga America, Inc. for alleged trademark infringement, false designation of origin, trademark dilution,...more
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
On September 7, 2018, Olaplex, LLC and LIQWD, INC. (collectively, “Olaplex”) filed suit in the United States District Court for the Southern District of Florida against Verbena Products, LLC d/b/a BEAUTYVICE and Robert Roque...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
Newcomer to the luxury cosmetics marketplace, Tatcha LLC (“Tatcha”), recently made a splash by filing a trade dress infringement lawsuit in the Northern District of California against Too Faced Cosmetics LLC (“Too Faced”), a...more
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
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
Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of fashion and beauty...more
7/25/2017
/ Disparagement ,
Fashion Branding ,
Fashion Industry ,
First Amendment ,
Free Speech ,
Government Speech Doctrine ,
Lanham Act ,
Matal v Tam ,
Redskins ,
SCOTUS ,
Trademark Registration ,
Trademarks
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
In a recent precedential decision, In re University of Miami, Serial No. 86616382 (T.T.A.B. June 6, 2017), the Trademark Trial and Appeal Board (the “TTAB”) clarified the scope of the doctrine of trademark mutilation....more
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
Does the use of Google AdWords amount to the advertising, promoting, marketing, or offering for sale of goods covered by a registered trademark? Tipsy Elves, LLC. vs. Ugly Christmas Sweater, Inc. is the latest in a string of...more
6/8/2017
/ AdWords ,
Consumer Confusion ,
Deceptive Intent ,
False Advertising ,
Fashion Industry ,
Google ,
Keyword Advertising ,
Lanham Act ,
Trademark Infringement ,
Trademarks ,
Young Lawyers
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
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
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
On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more
4/12/2017
/ Appeals ,
Declaration ,
Evidence ,
Fashion Branding ,
Fashion Industry ,
Generic ,
Jury Trial ,
Louis Vuitton ,
Remand ,
Trade Associations ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Triable Issue of Fact
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
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
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
Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the name as a source identifier for certain products or...more
Rapid Growth of Influencer Marketing -
With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more
3/6/2017
/ Advertising ,
Celebrity Endorsements ,
Disclosure Requirements ,
Enforcement Actions ,
False Advertising ,
Fashion Branding ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Marketing ,
Native Advertising ,
Promotional Items ,
Social Media ,
Unfair or Deceptive Trade Practices