We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York...more
As one of the pioneers of "fashion law" as a practice, Karen Artz Ash has a unique perspective on the multitude of legal issues involved in the fashion industry. Successful brands rely on counsel adept at navigating a myriad...more
Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...more
7/5/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
EU ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
First Amendment ,
Intellectual Property Protection ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
UK
SEC Announces Inspection Priorities for 2023 -
On February 7, the Securities and Exchange Commission (SEC) announced its inspection priorities for the current year. The announcement began by noting that the SEC examined 15...more
2/22/2023
/ Broker-Dealer ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Fund Managers ,
Investment Adviser ,
Investors ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Whistleblowers
To quote a headline from French daily Libération, “Hermès 1, NFT 0.”
On February 8, a federal jury in New York sided with France’s storied luxury fashion company, Hermès International S.A., in a trademark battle against...more
We’re delighted to welcome in 2023 with our second crossover edition of Katten Kattwalk/Kattison Avenue. In this combined winter issue, we cover top issues affecting brands in fashion, retail and advertising.
On the hot...more
1/26/2023
/ Advertising ,
Advertising to Minors ,
Environmental Social & Governance (ESG) ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Gaming ,
Hasbro ,
Intellectual Property Protection ,
NAD ,
Retail Market
On September 26, the Federal Trade Commission (FTC) published a blog post warning all entities that have a role in the "BNPL ecosystem" that "basic consumer protections" in the Federal Trade Commission Act apply to such...more
War and Peace at Rospatent: Protecting Trademarks in Russia -
Yes, we shall live, Uncle Vanya. Could Anton Chekhov ever have imagined that his literary work would be used to sell hamburgers? In March, a controversial...more
7/27/2022
/ Americans with Disabilities Act (ADA) ,
Cartels ,
Competition ,
Economic Sanctions ,
EU ,
Foreign Policy ,
Russia ,
Trademark Infringement ,
Trademarks ,
Ukraine ,
Website Accessibility ,
Website Design ,
Website Owner Liability ,
Websites
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
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
5/20/2021
/ Copyright ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
UK ,
UK Brexit
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
Kattison Avenue examines the latest topics in advertising law affecting today’s advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies.
...more
On 12 November 2020, the European Commission (Commission) published a draft Implementing Decision on standard contractual clauses for the transfer of personal data to third countries pursuant to the EU General Data Protection...more
The end of the Brexit transition period is now upon us. Whilst the EU General Data Protection Regulation (EU GDPR) is retained in domestic law with minimal amendment, the so-called 'UK GDPR' has some key changes that...more
1/29/2021
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
Hackers ,
Personally Identifiable Information ,
Popular ,
UK ,
UK Brexit
The end of the Brexit transition period is upon us. As of 1 January 2021, the UK is a 'third country' under the EU General Data Protection Regulation (GDPR), though the transition period has been extended for up to six months...more
As the Brexit transition period ends at the end of this month, ensuring intellectual property rights remain adequately protected is at the forefront of many of our clients' minds.
We have pulled together and answered five...more
Protecting your brand can be of more value than you may realise. A brand with a strong reputation usually has a loyal returning client base. Whether you are selling luxury goods, offering online content sharing services or...more
SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits -
On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant...more
Welcome to the Fall 2019 issue of Kattwalk. In this issue, we are pleased to introduce you to Bret Danow, a partner in Katten’s New York office with a broadbased trademark practice that covers the entire lifecycle of a brand,...more
10/25/2019
/ Copyright ,
European Copyright Directive ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Patents ,
Retail Market ,
SCOTUS ,
Trademark Trial and Appeal Board ,
Trademarks ,
Transformative Use
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
6/4/2019
/ Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Intellectual Property Protection ,
Petition for Writ of Certiorari ,
SCOTUS ,
Split of Authority ,
Trademark Trial and Appeal Board ,
Trademarks
In an 8-1decision issued on May 20, the Supreme Court held that rejection of an executory trademark license agreement in a bankruptcy of the licensor is merely a breach, and not a termination or rescission, of the agreement....more
5/23/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
On March 4, the US Supreme Court resolved a circuit split and held that, with limited statutory exceptions, the issuance of a registration from the Copyright Office is a prerequisite to filing a claim for infringement. See...more
3/8/2019
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Petition for Writ of Certiorari ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products.
...more