“In a culture where association with philistines is a death knell,” UK-based graffiti and street artists Cole Smith, Reece Deardon and Harry Matthews have brought a lawsuit against Vivienne Westwood and retailers of the brand...more
The Nittany Lions are used to winning on the football field, but last week they also snagged a decisive victory in the courtroom. On November 19, a Pennsylvania jury determined that online retailer, Vintage Brand (“Vintage”),...more
In the September 2022 issue of Kattison Avenue, we reported on a decision in the Southern District of New York dismissing claims by 1-800 Contacts, Inc. (1-800) against JAND, Inc., which does business as Warby Parker. The...more
We continue to monitor lawsuits that lie at the intersection of street art, fashion and advertising. Previous issues of Kattison Avenue and Katten Kattwalk have covered the risks that generally come with using street art on...more
Court applies Polaroid factors to determine likelihood of confusion -
In our Fall 2021 issue, we reported on the Second Circuit's decision in 1-800-Contacts, Inc. v. Federal Trade Commission, 1 F.4th 102 (2d Cir. 2021). In...more
New York Proposes Significant Regulation for Fashion Industry: The ‘Fashion Sustainability and Social Accountability Act’ -
On January 7, New York State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles introduced...more
1/27/2022
/ Coronavirus/COVID-19 ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Likelihood of Confusion ,
New York ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vaccinations
Over the past year, I've carefully followed the increase in litigation brought by artists against retailers — clothing brands, automotive brands, and food and beverage chains — for the alleged copying of their distinctive...more
In our Summer 2021 issue, we reported on the trademark infringement lawsuit filed by artist Christophe Roberts against Puma North America, Inc., in which the artist claimed that the athletic retailer wrongfully made use of...more
Dark Patterns Come to Light in California Data Privacy Laws -
Imagine this scenario: You are navigating through a website or watching an in-app ad, when suddenly you are redirected to a subscription page, even though you...more
5/13/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Commercial Bankruptcy ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
FTCA Section 13(b) ,
Graphic Designs ,
Intellectual Property Agreements ,
Intellectual Property Litigation ,
Intellectual Property Protection
Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks -
Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more
8/5/2020
/ Acquired Distinctiveness ,
Advertising ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Gambling ,
Generic Marks ,
Illegal Gambling ,
Intellectual Property Protection ,
Lanham Act ,
Marketing ,
Online Gaming ,
Price Gouging ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO