The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co. (“Tiffany’s”) and Costco Wholesale Corporation (“Costco”). A three...more
10/22/2020
/ Costco ,
Counterclaims ,
Counterfeiting ,
Fair Use ,
Fashion Industry ,
Generic Marks ,
Remand ,
Summary Judgment ,
Tiffany and Company ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
With social media popularity comes more followers. With more followers comes opportunities to market products online. But as the wellness-company Teami discovered, with online marketing comes increased FTC scrutiny.
The...more
5/27/2020
/ Advertising ,
Celebrity Endorsements ,
Disclosure Requirements ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Public Comment ,
Social Media
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 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
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
Nike filed a lawsuit against Puma on May 3, 2018 in the District Court of Massachusetts accusing Puma of infringing over 40 claims of seven utility patents. The complaint asserts that Puma is using Nike’s Flyknit®, Air®, and...more
6/11/2018
/ Attorney's Fees ,
Enhanced Damages ,
Fashion Design ,
Nike ,
Patent Infringement ,
Patents ,
Permanent Injunctions ,
Popular ,
Puma ,
Utility Patents ,
Willful Infringement
Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by Kanye West made their...more
3/5/2018
/ Celebrities ,
China ,
Counterfeiting ,
Fashion Branding ,
First-to-File ,
Intellectual Property Protection ,
Madrid Protocol ,
Trademark Cancellation ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
Music festivals, film festivals, food festivals….festivals are popular venues for entertainment and each festival strives to offer the consumer a unique experience. Of course, at most festivals, clothes must be (or should be)...more
11/8/2017
/ Attorney's Fees ,
Breach of Contract ,
False Association ,
Retailers ,
Sponsorship Agreements ,
Tortious Interference ,
Trademark Licenses ,
Trademark Litigation ,
Trademarks ,
Treble Damages ,
Urban Outfitters
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
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
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
Voters in the U.K. recently passed a referendum paving the way for the U.K. to leave the European Union (EU). In response, British Prime Minister David Cameron resigned on Wednesday, July 13, 2016, with Theresa May as his...more
7/15/2016
/ Article 50 Treaty of the EU ,
community ,
Community Designs ,
EU ,
European Patent Office ,
European Union Trade Mark (EUTM) ,
Intellectual Property Protection ,
Patents ,
Referendums ,
Trademark Registration ,
Trademarks ,
Treaty of Lisbon ,
UK Brexit ,
UK Intellectual Property Office (UK IPO) ,
Unified Patent Court ,
Unified Patent System ,
Unitary Patent