Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of fashion and beauty...more
7/25/2017
/ Disparagement ,
Fashion Branding ,
Fashion Industry ,
First Amendment ,
Free Speech ,
Government Speech Doctrine ,
Lanham Act ,
Matal v Tam ,
Redskins ,
SCOTUS ,
Trademark Registration ,
Trademarks
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 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more
4/12/2017
/ Appeals ,
Declaration ,
Evidence ,
Fashion Branding ,
Fashion Industry ,
Generic ,
Jury Trial ,
Louis Vuitton ,
Remand ,
Trade Associations ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Triable Issue of Fact
Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the public recognizes the name as a source identifier for certain products or...more