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Consumer Confusion Fashion Industry

Felicello Law PC

Protecting Your Trademark — Is it always good for business?

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You may have seen the headlines over the summer that lululemon sued Costco for trademark infringement because Costco has been selling clothing that bears a striking resemblance to lululemon clothing. Your first thought might...more

Womble Bond Dickinson

He Has His Heart of Gold... Why Not a Chrome Heart, Too?

Womble Bond Dickinson on

Earlier this month, Chrome Hearts, the luxury goods retailer known for jewelry and apparel sued musician Neil Young and the individual members of the band Young has been touring with for the last year, The Chrome Hearts, for...more

Jones Day

"MetaBirkins" Bagged: NFT Creator Found Liable for Trademark Infringement

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In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more

International Lawyers Network

Outcome of Hermes Claim Against MetaBirkin NFT May Provide Glimpse of Future for Fashion, Art in Metaverse

Hermes recently sued a digital artist for knocking off its Birkin handbag through the issuance of MetaBirkin non-fungible tokens (“NFT”). For those not aware of the filing or related media attention, the artist created fuzzy...more

Knobbe Martens

A Different Shade of Gray: The Scope and Limits of Gray Market Goods and Recent Developments in the Cosmetics Space

Knobbe Martens on

Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more

Knobbe Martens

Is Trademark Use in Google AdWords Trademark Infringement?

Knobbe Martens on

Does the use of Google AdWords amount to the advertising, promoting, marketing, or offering for sale of goods covered by a registered trademark? Tipsy Elves, LLC. vs. Ugly Christmas Sweater, Inc. is the latest in a string of...more

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