The Briefing by the IP Law Blog: Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs
Part Two: Christopher John Rogers on Pragmatic Glamour and Finding His Voice
Part One: Christopher John Rogers on Pragmatic Glamour and Finding His Voice
Stealth Lawyer: Loni Edwards, Fashion Startup Founder
Nike recently filed suit in Federal Court in the Southern District of New York claiming trademark infringement and unfair competition by its former licensee, S2, Inc., owned by a popular shoe customizer named Dominic...more
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
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
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
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
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
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
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
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
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
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
The luxury fashion brand Hermès has won a lawsuit against artist Mason Rothschild, who produced non-fungible tokens (NFTs) he called “MetaBirkins.”...more
Regardless of whether your business has any current plans to develop digital goods, including “non-fungible tokens” (NFTs), a recent verdict in a first-of-its-kind case involving trademark rights and digital assets should...more
In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more
On February 8, 2023, a federal jury awarded Hermès International and Hermès of Paris, Inc. (“Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens...more
In a case with clear implications for non-fungible token art-based projects, a federal jury in the case of Hermès International, et al. v. Mason Rothschild, 1:22-cv-00384 (SDNY), found in favor of fashion brand Hermès in its...more
A jury verdict Wednesday morning in a closely watched dispute between an iconic fashion house and a creator and seller of NFTs is a dramatic new development in the ongoing dialogue over the question “What is an expressive...more
Louboutin v. YSL - Christian Louboutin (“Louboutin”), the designer of the famous red bottom shoes, filed a trademark infringement lawsuit against fashion house Yves Saint Laurent (YSL) claiming YSL infringed on its red...more
Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog....more
By now, news has broken about The Ohio State University and its official registration of a trademark for the word “THE”. This comes after a nearly three-year battle to clinch legal branding access to a word that’s deeply...more
A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and...more
Nike has sued the StockX platform for trademark infringement because the platform minted, marketed, and sold non-fungible tokens (NFTs) using Nike trademarks. As The Verge reported...more
Both IP practitioners and fashion brands will be interested in the recent string of judgments in relation to the infringement of dresses designed and sold by House of CB and Mistress Rocks. Oh Polly brand was found to have...more
New York Proposes Significant Regulation for Fashion Industry: The ‘Fashion Sustainability and Social Accountability Act’ - On January 7, New York State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles introduced...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more