News & Analysis as of

Counterfeiting Fashion Industry

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #4

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The breach of contract trial against a woman claiming to be Jerry Jones’ daughter is scheduled to start next Monday, and the Cowboys owner is expected to testify on the witness stand....more

Linda Liu & Partners

Determination that Counterfeit Clothing Styles Constitute Unfair Competition

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With regards to popular or unique quality clothing styles, imitation often occurs. For such imitation, it is difficult to regulate from the perspective of trademark infringement, and when claiming copyright infringement, it...more

Clark Hill PLC

When is a Garment Design Copyrightable?

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Can you copyright that new shoe or hoody design that you believe will change the fashion world forever? Likely yes, but it’s complicated. Clothing and apparel have always been deemed “useful articles” because, by their very...more

Knobbe Martens

Choosing the Right IP to Protect Fashion Goods

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It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to...more

Foley & Lardner LLP

Get Real: Preventing Counterfeit Product with Blockchain

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The counterfeit business is booming. In fact, counterfeit goods account for a whopping 3.3% of global trade and cost the U.S. economy approximately $600 billion a year. The Dangers of Counterfeit Products - Counterfeiting...more

Foley & Lardner LLP

Intellectual Property for Fashion and Beauty Consumer Products

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The Competition Problem - Consumer product companies in the 21st century must be nimble and capable of fast execution. Competition has never been so fierce because of the proliferation of the global economy, including...more

Knobbe Martens

Second Chances From the Second Circuit: Tiffany’s $21m Judgment Is Overturned and Remanded Back to the SDNY

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The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co. (“Tiffany’s”) and Costco Wholesale Corporation (“Costco”). A three...more

Haug Partners LLP

Artificial Intelligence and Its Impact On The Fashion Industry: Contemporary Legal Considerations

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With the technological advancements being developed by artificial intelligence (“AI”), a branch of computer science wherein computers and other machines simulate human intelligence processes, AI will provide an avenue for...more

K2 Integrity

Deterring the Counterfeits: Finding an Antidote for Global Businesses

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When thinking of counterfeit products, minds may wander to a person on the street selling near-authentic looking bags, sunglasses, and watches, for a fraction of the price of what would be paid at a store. But what if there...more

Hogan Lovells

How blockchain might change the whole fashion industry – and safeguard the authenticity of your goods

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So far you have probably only heard of blockchain in connection with financial transactions and Bitcoins. Well, that should change soon. Blockchain is the catch-all term for technology that permanently records transactions...more

Robins Kaplan LLP

Can Blockchain Save the Fashion Industry?

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Counterfeiting is one of the biggest threats to the fashion industry, deceiving unwary consumers and diluting brands’ values and hard-earned reputations. Counterfeiting costs brands over $450 billion in lost sales each year,...more

Knobbe Martens

Divide and Conquer: How Louis Vuitton's Brand Protection Strategy Might Increase the Opportunities for Brand Owners to Combat...

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On November 7, 2018 Louis Vuitton Malletier, S.A. filed a complaint in the Southern District of New York against i-Fe Apparel, Inc., Yongun Jung, and a number of presently unknown entities and individuals (“Defendants”)....more

Knobbe Martens

Loves me not: Wholesale Jewelry, Inc. Hit with Infringement of Cartier Trademarks and LOVE Collection Trade Dress

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On July 18, 2018 the well-known luxury goods company, Cartier International AG and Cartier, a division of Richemont North America Inc. (collectively, “Cartier” or “Plaintiffs”) filed suit in the United States District Court...more

Knobbe Martens

Trump’s China Tariffs on Fashion & Beauty Products and Requests for Exclusion

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The Office of the United States Trade Representative (USTR) released a report on an investigation of China’s acts, policies, and practices related to technology transfer, intellectual property (“IP”), and innovation. The...more

Knobbe Martens

When Plaid Goes Bad - Burberry Files Infringement Suit Against Target Over Burberry’s Iconic Plaid Design

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On May 2, 2018, high-end fashion designer and retailer Burberry Limited filed a complaint in the Southern District of New York against big box retailer Target Corporation alleging trademark infringement and trademark...more

Knobbe Martens

Vintage or Protectable? Steve Madden Creates Waves for the Ark

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Jasmin Larian, the owner of Cult Gaia, started selling the “Ark” bag in 2013. Since then the Ark bag has been seen on celebrities including Jessica Alba and was even touted as 2017’s “IT” bag. ...more

Foley Hoag LLP - Making Your Mark

From Runway To Replica: The Most Fashionable Intellectual Property Infringement Beefs Of 2017

New York Fashion Week (NYFW) 2018 kicks off on Thursday, February 8 through Friday, February 16, with a full schedule of exciting an exhilarating runway shows. This year’s designers include many of the usual faces, like Tom...more

Knobbe Martens

Catching Counterfeits: Customs Recordation and IP Enforcement

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U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

Sheppard Mullin Richter & Hampton LLP

Blockchain Walks the Runway As The New FashTech Fashion Tool

The World Customs Organization and International Chamber of Commerce estimate that seven to eight percent of all world trade each year involves counterfeit goods, resulting in lost sales of $512 billion globally and $200-250...more

BCLP

Online Seller Wins Dismissal of RICO Claims in Counterfeiting Action by Fashion Retailers

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A New York federal court recently held that defendant Alibaba Group Holding Ltd. (“Alibaba”), which is notorious for allegedly enabling the sale of counterfeit products, did not violate federal racketeering law by selling...more

Lathrop GPM

Death Knell for Knockoffs and Counterfeits?

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U.S. Supreme Court Agrees to Define the Test for Copyrightability of Designs on Useful Articles - The U.S. Supreme Court recently agreed to hear the question that, as one Appellate Court characterized, has had the...more

Fish & Richardson

Thwart Counterfeiters to Save Brands | A Metropolitan Corporate Counsel Interview

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Kristen McCallion and Natalie Arbaugh discuss emerging trends in brand protection and anti-counterfeiting, and how consumer products companies can protect their valuable brands from trademark infringers and counterfeiters in...more

Foley Hoag LLP - Trademark, Copyright &...

From Runway to Replica: Intellectual Property Strategies for Protecting Fashion Designs

Designers like Alexander Wang, Rebecca Minkoff, and Michael Kors are all gearing up to premier their 2016 fall/winter collections this month during New York Fashion Week. Fashion Week draws more than 230,000 attendees each...more

Mintz - Trademark & Copyright Viewpoints

Counterfeits, Trademark Infringement, and Contributory Liability: Your Vendors are Your Problem

Counterfeit goods seem to be everywhere, and efforts to police their ubiquitous existence often seem futile. However, a recent decision involving counterfeit Coach products should inspire those who host vendors of counterfeit...more

Mintz - Trademark & Copyright Viewpoints

Louboutin Sees Red Again: Protecting Color as a Trademark

Christian Louboutin filed suit last week in Federal District Court in New York against Charles Jourdan Fashion Footwear and unnamed companies and John and Jane Does for trademark counterfeiting and infringement and other...more

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