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
On October 23, 2018, Rube P. Hoffman, a California textile manufacturer known for their Hawaiian prints and aloha shirts, filed a copyright infringement suit in the Central District of California against Zara USA, Inc., one...more
1/21/2019
/ Affirmative Defenses ,
Burden of Proof ,
Copyright Infringement ,
Copyright Ownership ,
Copyright Registration ,
Fair Use ,
Fashion Industry ,
Lanham Act ,
Manufacturers ,
Textiles ,
Unfair Competition
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
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
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
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
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
In December 2016, China’s Supreme Court held that a Chinese manufacturer named Qiaodan Sports Company, could not continue to produce athletic shoes, clothing and gear bearing the trademark (see article), which is the Chinese...more