News & Analysis as of

Counterfeiting Fashion Industry Intellectual Property Protection

Linda Liu & Partners

Determination that Counterfeit Clothing Styles Constitute Unfair Competition

Linda Liu & Partners on

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?

Clark Hill PLC on

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

Knobbe Martens on

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

Intellectual Property for Fashion and Beauty Consumer Products

Foley & Lardner LLP on

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

Haug Partners LLP

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

Haug Partners LLP on

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

K2 Integrity on

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

Hogan Lovells on

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?

Robins Kaplan LLP on

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...

Knobbe Martens on

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

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

Knobbe Martens on

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

Knobbe Martens on

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

Catching Counterfeits: Customs Recordation and IP Enforcement

Knobbe Martens on

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

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

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