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Fashion Design

Fashion Forward

by Akerman LLP on

Defying the conventional wisdom that the future of retail is all in clicks, luxury retailers are betting big on brick and mortar in upscale urban markets. Coined “high street retail,” designer brands and urban developers...more

Fashion Law Newsletter - November 2017

by K&L Gates LLP on

"In order to be irreplaceable, one must always be different." - Coco Chanel Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In...more

ITC Remedy Remains Even After PTO Finds Design Patent Claims To Be A “Croc”

by Orrick - IP Landscape on

Commission Order, Certain Foam Footwear, Inv. No. 337-TA-567 (Oct. 20, 2017). In Certain Foam Footwear, the Commission denied Respondent Double Diamond’s request to modify, suspend, or rescind its general exclusion order and...more

Adidas Fights to Protect its Three-Stripe Mark

by Robins Kaplan LLP on

Can three stripes be protected as intellectual property? That question is now before the Trademark Trial and Appeal Board (“TTAB”). Adidas AG (“Adidas”), the German sportswear giant, instantly recognizable for its...more

The Katten Kattwalk - Issue 14

by Katten Muchin Rosenman LLP on

Disputes Between Departing Member and Remnant Group - In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper...more

Supreme Court Rejects Louis Vuitton’s Request for Appeal Against Parody Tote Bag Company

by Robins Kaplan LLP on

Louis Vuitton is no stranger to the court. For years, the luxury fashion label, headed by creative director, Nicolas Ghesquière, has battled high-profile cases over parody bags. Those cases have involved dog toys, Super Bowl...more

Fashion Design Copyright Infringement Victory - BB&K Partner Henry Welles Wins Fashion Industry Clothing IP Case

by Best Best & Krieger LLP on

A fashion clothing industry copyright infringement appeal was won by Best Best & Krieger LLP Partner Henry Welles, who represented Natural Fashions, Inc., which does business as Anu. The case was originally brought in federal...more

Utility Patents in Fashion Design? Nike & Huzu Innovate The Way

by Knobbe Martens on

Edited by Catherine Holland   What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter.  Design patents are much more common in the fashion industry since design...more

Much Ado About Shoe Designs – Favorable Rulings for Adidas on Summary Judgment in Skechers Trademark Dispute

by Dorsey & Whitney LLP on

On August 3, 2017, the shoe manufacturer Adidas scored important legal victories in its long-running trademark dispute with the shoemaker Skechers. Adidas America, Inc. et al. v. Skechers USA, Inc. (D. Or. 2017) involved...more

Sneaker Wars: Adidas Defeats Summary-Judgment Motion That Claimed Stan Smith Shoe Design Lacks Distinctiveness

by Orrick - IP Landscape on

Order Granting in Part and Denying in Part Motion for Summary Judgment, Adidas America Inc. et al. v. Skechers USA Inc., D. Or. (August 3, 2017) (Judge Marco Hernández) - The ever-increasing popularity (and...more

Judge Oetken sua sponte Stays Case Pending Ex Parte Reexamination after Three Previous Denials

On August 2, 2017, Judge J. Paul Oetken (S.D.N.Y.) denied Plaintiff Infinity Headwear & Apparel, LLC’s (“Infinity”) motion for summary judgment as to patent infringement, false patent marking and false advertising and denied...more

Keeping Up With The Kopyrights

by Dorsey & Whitney LLP on

Kendall and Kylie Jenner are beefing with the late Tupac Shakur. The Jenners are not singers or rappers (yet), but they do have a fashion line, the “Kendall + Kylie” brand. The famous sisters’ company used images of the late...more

Graffiti Artists Tag Camuto Fashion House for Copyright Infringement

by Dorsey & Whitney LLP on

Earlier this month, four Los Angeles-based graffiti artists, “Rime,” “Host18,” “Taboo” and “Reme” filed suit against the Vince Camuto fashion house and related entities alleging copyright infringement for “inexplicably...more

Retailers Grow Successfully by Introducing New Brands

by Goulston & Storrs PC on

As fashion retailers across the country jostle for market share in an ever-changing and ever-competitive marketplace, some retailers are trying to improve their bottom lines not by adjusting or expanding their offerings in...more

Who Wore It Best? Virtually Identical Fabric Design Supports Inference of Copying

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed that it is permissible to infer copying, even absent evidence of access, where the accused design and the copyright are so overwhelmingly identical that the possibility...more

EU Retail News - June 2017

by Bryan Cave on

2017 is shaping up to be the year that the UK's Committee of Advertising Practice ("CAP") puts its foot down on how companies can advertise to children online. In recent months, CAP has published a multitude of guidance to...more

Practice Tips for Copyright Owners in the Wake of Star Athletica v. Varsity Brands

After considering almost a year’s worth of substantive briefing (including fifteen separate amicus briefs), oral argument, at least ten distinct tests employed in courts throughout the country, as well as numerous novel tests...more

Fashion and Intellectual Property: Many Options to Protect Your Design, But No One-Stop Shop

Imagine you’re a fashion designer with a unique clothing design. As with any other business, you wish to protect your intellectual property through the standard combination of patents, trademarks, and copyrights. Sounds...more

Law à la Mode: Special Edition - INTA 2017

by DLA Piper on

The Belgian editorial team is delighted to bring you this special edition of Law a` la Mode, marking the 139th INTA Annual Meeting in Barcelona. Just some of the focuses for this special edition include the dangers of...more

Have You Been Duped?

by Knobbe Martens on

In the fashion and beauty world, the copying of higher-priced brands is widespread. While in fashion, the term for copies of designer products is “knockoffs,” in beauty, the term is “dupes.” Whether it is a colloquial use of...more

You’ve Gotta Keep ‘Em Separated

by Foley & Lardner LLP on

The US Supreme Court’s ruling in Star Athletica v Varsity Brands provides a path to copyrightability for pictorial or graphical elements of clothing designs and useful articles. Laura Ganoza and Julie McGinnis of Foley &...more

Give Me an E: Cheerleading Uniform Designs Eligible for Copyright Protection

by McDermott Will & Emery on

In a 6–2 decision authored by Justice Thomas, the Supreme Court of the United States provided guidance as to whether aesthetic designs of a cheerleading uniform, such as stripes, chevrons, zigzags and color blocks, are...more

Something for Designers to (Maybe) Cheer About: Star Athletica v. Varsity Brands

Historically, fashion designers, as well as other designers whose creative efforts are incorporated into useful/functional articles like clothing, shoes, and furniture, have struggled successfully to assert copyright...more

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

by Knobbe Martens on

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

Supreme Court Announces Broad Separability Test in Applying Copyright Law to Useful Articles

by Ward and Smith, P.A. on

This article continues the discussion in an earlier article addressing the scope of copyright protection as it applies to useful goods under copyright law. At the time the first article was written, Varsity Brands, Inc. v....more

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