News & Analysis as of

Fashion Design

Holland & Knight LLP

It's Not a Bag, It's a Birkin: Class Action Targets Hermès with Antitrust, Unfair Trade Claims

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The "Birkin" name is well known around the world – it is synonymous with exclusivity and high-end luxury. From storylines in "Sex and the City" and "Gilmore Girls" to mentions in lyrics from the likes of Jay-Z and Beyoncé,...more

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

Dorsey & Whitney LLP on

40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Katten Muchin Rosenman LLP

Street Artists Allege Nonconsensual Use of Their Works by Two Major Fashion Retailers - Kattison Avenue/Katten Kattwalk | Issue 3

We continue to monitor lawsuits that lie at the intersection of street art, fashion and advertising. Previous issues of Kattison Avenue and Katten Kattwalk have covered the risks that generally come with using street art on...more

Katten Muchin Rosenman LLP

Congress Mimics Existing Right of Publicity Laws, Expands Upon Them With Proposed NO FAKES Act - Kattison Avenue/Katten Kattwalk |...

The draft bill, circulated with bipartisan Senate support, would codify right of publicity protections for artificial intelligence (AI) creations that replicate any individual, not just those with commercially valuable...more

Katten Muchin Rosenman LLP

Can Significant Sales Be the Fast Track to Trade Dress Protection? - Kattison Avenue/Katten Kattwalk | Issue 3

When a retail brand has a consistent, unique look and seeks enforcement against a too-similar competitor or a brash counterfeiter, trade dress protection under the Lanham Act provides the muscle. But part of what makes trade...more

Ethixbase360

Ensuring Sustainability in Fast Fashion: Steps Companies Must Take in 2024

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In recent years, the fast fashion industry has come under increasing scrutiny due to its environmental and ethical implications. With the recent controversies related to modern-day slavery and forced labor, surrounding major...more

Katten Muchin Rosenman LLP

Through the Lens: Jarrod Weber, Group President Lifestyle and Chief Brand Officer, Authentic Brands Group LLC - Katten Kattwalk |...

Your interest in brands and fashion dates back well before law school and your time as a Katten associate. Tell us about what led you to Authentic Brands Group and how your role has changed since we last interviewed you in...more

Katten Muchin Rosenman LLP

One Step Ahead: Louboutin's Lawsuit Victories - Katten Kattwalk | Issue 26

In the world of fashion, few things are as iconic as Christian Louboutin's signature red-soled shoes. Since Louboutin painted the sole of a shoe with his assistant's red nail varnish in 1993, the red-bottomed sole has become...more

Katten Muchin Rosenman LLP

Insider View: Colette Stanford, Chief Legal Officer at SPARC Group LLC - Katten Kattwalk | Issue 26

Tell us about your career path from Aeropostale, Inc. to SPARC Group LLC. - When I joined Aeropostale, Inc. (Aeropostale) in February 2007, I would not have imagined that my career would become what it is today. I was the...more

Katten Muchin Rosenman LLP

The Laws of Fashion: Then and Now - Q&A with Karen Artz Ash - Katten Kattwalk | Issue 26

As one of the pioneers of "fashion law" as a practice, Karen Artz Ash has a unique perspective on the multitude of legal issues involved in the fashion industry. Successful brands rely on counsel adept at navigating a myriad...more

BakerHostetler

AD-ttorneys@law - October 2023

BakerHostetler on

Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more

ArentFox Schiff

The Generative AI Revolution: Key Legal Considerations for the Fashion & Retail Industry

ArentFox Schiff on

For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Retail and fashion companies that fail to embrace AI likely risk losing their current market share or, worse,...more

Katten Muchin Rosenman LLP

Green Is the New Black: UK and EU entities are ramping up anti-greenwashing activity - Katten Kattwalk | Issue 25

While climate change and sustainability are important across all parts of society, the UK government and European Commission (EC) are tackling these social issues head on, with a particular focus on the fashion and retail...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 25

Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...more

Clark Hill PLC

Establishing a Successful Fashion and Clothing Company

Clark Hill PLC on

Establishing a successful clothing company presents numerous unique challenges and legal intricacies. To achieve lasting success, it is crucial to find the right balance between business, legal, and creative considerations....more

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

Kilpatrick

4 Key Takeaways - 13th Annual Fashion Law Symposium

Kilpatrick on

Kilpatrick Townsend’s Sindy Ding-Voorhees recently spoke at the “13th Annual Fashion Law Symposium” held by the Fashion Law Institute at Fordham University Law School. Ms. Ding-Voorhees joined other industry leaders on a...more

Katten Muchin Rosenman LLP

Spring Greens in Fashion – From Runway to Regulation

From New York to London, Paris and Milan, a colour that tends to make a regular resurgence on spring and summer runways is a classic fresh green. Who could forget the amazing Christian Siriano voluminous bubble gown in lime...more

Dinsmore & Shohl LLP

Trademark Rights In The Metaverse: Lessons Gleaned From The Hermes MetaBirkin Case

Dinsmore & Shohl LLP on

Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that...more

ArentFox Schiff

What’s AI Got to Do with Fashion?

ArentFox Schiff on

With the advent of OpenAI’s ChatGPT, GitHub Copilot, and Google’s Bard, generative artificial intelligence (AI) is all the rage from students looking for an easy answer to c-suite executives hoping to stay ahead of the game....more

Haug Partners LLP

Adidas v. Thom Browne

Haug Partners LLP on

The battle between Thom Browne and Adidas over a striped design dates back to 2007. For over 20 years, Thom Browne has been a force in luxury fashion, bringing a unique and distinctive design aesthetic that combines classic...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

Caldwell

Fashionably Securing Your Intellectual Property Rights

Caldwell on

The fashion industry is constantly evolving with new styles and trends. Each season unveils exciting new garments, leaving fashion designers continuously striving to produce fresh ideas that will appeal to consumers looking...more

Stark & Stark

The Limits of Artistic Expression: A Look Behind How MetaBirkin NFTs Infringed on Hermès’ Famous Trademark and Handbag Trade Dress

Stark & Stark on

In early 2023, a federal jury found an opportunistic meta-artist infringed on a luxury fashion house’s iconic handbag trademark. Digital artist Mason Rothschild created 100 unique “MetaBirkin” non-fungible tokens (“NFTs”)...more

Barnea Jaffa Lande & Co.

Abstract Elements and Trademark Dilution – Adidas vs. Browne

Thom Browne, a prominent US designer, introduced a four parallel stripes motif into his clothing designs several years ago. Not taking kindly to Browne’s move, in 2021, Adidas, the major sportswear brand, filed a lawsuit...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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