News & Analysis as of

Fashion Branding Appeals

Dorsey & Whitney LLP

The Supreme Court - May 14, 2020

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Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., No. 18-1086: Petitioner Lucky Brand Dungarees and respondent Marcel Fashions Group have been engaged in three separate rounds of trademark-related litigation over a...more

Akerman LLP - Marks, Works & Secrets

A Cautionary Tale of Waiver!

The Federal Circuit upheld a Trademark Trial and Appeal Board (“Board”) decision refusing registration of an athletic apparel company’s trademark, holding that the trademark applicant waived its key arguments by not raising...more

Knobbe Martens

Where's the Beef? Establishing Fame in Trademark Disputes

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A decision from the Federal Circuit clarified how the USPTO should analyze evidence of fame under the fifth DuPont factor. The decision sheds light on how fashion brands can establish that their marks are famous through...more

Dorsey & Whitney LLP

Federal Circuit Kicks Chuck Taylor Case Back to ITC

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In the latest chapter of a long-running trademark dispute involving the outsole used by Converse, Inc. with its well-known CHUCK TAYLOR shoes, the U.S. Court of Appeals for the Federal Circuit has issued a ruling vacating an...more

Hogan Lovells

Europe: Well-Known Brand Owners Learn From Puma – Evaluate Your Reputation Right!

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(Judgment of 26 September 2018 in Case T-62/16 – Puma SE v. EUIPO / Doosan Machine Tools Co. Ltd) - In a case concerning completely dissimilar goods and different public, the General Court (GC) once again confirmed that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2018: When the Other Shoe Drops – Keep Calm and (Trade) Dress Up

Design patents are often the go-to option for protecting the visual features, or design, of a product. But design patent protection is not always available, such as after the product has been on sale, offered for sale, or...more

Orrick, Herrington & Sutcliffe LLP

Federal Circuit Makes Way For FUCT, Striking Down The Statutory Bar On Immoral Or Scandalous Trademark Registrations As...

On December 15, the U.S. Court of Appeals for the Federal Circuit struck down the Lanham Act's ban on registering immoral or scandalous trademarks as unconstitutional on First Amendment grounds in In re Brunetti, --- F.3d...more

A&O Shearman

Coty Case: Luxury Brands Can Restrict Online Sale via Marketplaces Such as Amazon

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On 6 December 2017, the European Court of Justice (“the Court”) handed down its preliminary ruling in the Coty case confirming that a manufacturer operating a selective distribution system of luxury goods is allowed to...more

Knobbe Martens

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

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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

Knobbe Martens

Does Louis Vuitton Lack A Sense Of Humor? The Parody Defense Is No Laughing Matter For Brand Owners

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On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement, and trademark...more

Fenwick & West LLP

Litigation Alert: In Louis Vuitton Trademark Suit, Second Circuit Says Parody Prevails Even if Brand Owner Doesn’t “Get” the Joke

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The U.S. Court of Appeals for the Second Circuit recently affirmed the Southern District of New York’s order on summary judgment that My Other Bag’s canvas tote bags do not dilute or infringe Louis Vuitton’s trademarks for...more

McDermott Will & Emery

Luck Runs Out for Lucky Brand - Marcel Fashions Group, Inc. v. Lucky Brand Dungarees, Inc.

Addressing whether a trademark holder’s victory in a prior lawsuit barred a subsequent action on new acts of infringement, the U. S. Court of Appeals for the Second Circuit overturned a district court’s summary judgment and...more

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