On December 13, 2018, Face Lace Ltd., founded by makeup artist Phyllis Cohen to provide ready-to-wear makeup designs, filed suit in the Central District of California against Bare Escentuals Inc. d/b/a Buxom Cosmetics. Face...more
In December, the Second Circuit ruled that My Other Bag (MOB) was not liable for infringing Louis Vuitton’s trademarks and copyrights because MOB’s bags were a parody of the luxury giant....more
1/31/2018
/ Attorney's Fees ,
Copyright ,
Copyright Infringement ,
Damages ,
Exceptional Case ,
Fashion Branding ,
Lanham Act ,
Louis Vuitton ,
Octane Fitness v. ICON ,
Parody ,
Trademark Infringement ,
Trademarks
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 2009, the U.S. Patent and Trademark Office rejected shoe manufacturer Adidas’s application to trademark the phrase “ADIZERO,” due to a likelihood of confusion with an existing mark: “ADD A ZERO,” a clothing trademark held...more
11/21/2016
/ Adidas ,
Appeals ,
Commerce Clause ,
De Minimis Claims ,
Federal Trademark Register ,
Interstate Commerce ,
Lanham Act ,
Likelihood of Confusion ,
Popular ,
Reversal ,
Trademark Application ,
Trademark Trial and Appeal Board ,
Trademarks ,
Use in Commerce ,
USPTO
On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual property...more
11/17/2016
/ Celebrities ,
Dilution ,
Fashion Design ,
Lanham Act ,
Marilyn Monroe ,
Misappropriation ,
Popular ,
Right of Publicity ,
Trademark Infringement ,
Trademarks ,
Unfair Competition ,
Unjust Enrichment