Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more
6/9/2017
/ Brand ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Disparagement ,
Fashion Branding ,
Fashion Industry ,
First Amendment ,
International Trade Commission (ITC) ,
Lee v Tam ,
Louis Vuitton ,
Paintings Sculptures and Engravings ,
Parody ,
Punitive Damages ,
SCOTUS ,
Secondary Meaning ,
Star Athletica v Varsity Brands ,
Tiffany and Company ,
Trade Dress ,
Trademark Infringement ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Uniforms
On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due to the influence of music artist, Rihanna as the label’s brand ambassador. In its complaint,...more
The U.S. Supreme Court on Wednesday, March 22, 2017, issued their opinion on Star Athletica v. Varsity Brands. The Court affirmed the 6th Circuit, holding that the lines, chevrons, and colorful shapes of Varsity’s...more
3/31/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
The U.S. Supreme Court issued their opinion on Star Athletica v. Varsity Brands on Wednesday, March 22. Should fashion designers rejoice or be fearful? That depends. Designers who repeatedly have original fashion designs...more
3/30/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
The closely watched case of Star Athletica v. Varsity Brands was argued in front of the the Supreme Court on Monday, offering anxious fashion designers a glimpse into how the Justices may rule. ...more
11/5/2016
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Fashion Design ,
Fashion Industry ,
Functional Equivalent ,
SCOTUS ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act