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
When Nike® unveiled the kits for the 2024 U.S. Olympic track and field team, the design of the women’s kits sparked significant discussion online. At the center of the discussion was a one-piece women’s suit with a high-cut...more
From the start of the modern Olympic Games, swimming has not only demonstrated athletic excellence but has also mirrored advancements in fashion and technology. Competitive swimwear has evolved significantly, embracing the...more
For the first time in history, Team USA’s gymnasts gathered on NBC’s “TODAY” Show to publicly unbox their team uniforms prior to competing in the 2024 Paris Olympics. Simone Biles, Suni Lee, Jordan Chiles, Jade Carey, and...more
The best athletes in the world have converged on Paris to represent their countries and showcase their ultimate sports performances — but the athletes are not the only ones going for gold. The Paris Olympics is also an arena...more
The exact origins of Olympians competing naked are unclear. Perhaps it began when Spartan runner Acanthus showed up to race without the traditional loincloth on. Or it could have been when Orsippus of Megara won his 185-meter...more
For nearly 30 years, the inclusion of a trademark in the design of a defendant's product did not mean much in the design patent infringement analysis. That changed on August 6, 2021, in Columbia Sportswear North America, Inc....more
Andra Group, LP v. Victoria’s Secret Stores, L.L.C. Before Reyna, Mayer, and Hughes. Appeal from the District Court for the Eastern District of Texas. An entity’s physical presence in a jurisdiction does not automatically...more
270-1. Federal Circuit Affirms Two PTAB Decisions Finding Illuminated Shoe Patents Obvious - The Federal Circuit recently affirmed two decisions by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the...more
SCOTUS Confirms Willful Infringement Not Required to Award Trademark Profits - On April 23, the United States Supreme Court unanimously ruled that a plaintiff can win a profits remedy without showing that the defendant...more
Nike, Inc. v. Adidas AG, Appeal No. 2019-1262 (Fed. Cir., April 9, 2020) - The PTAB has never shown an affinity for permitting amendments in IPRs. This appeal marks the second time that a proposed amendment in an IPR was...more
Welcome to the Fall 2019 issue of Kattwalk. In this issue, we are pleased to introduce you to Bret Danow, a partner in Katten’s New York office with a broadbased trademark practice that covers the entire lifecycle of a brand,...more
On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is necessary to obtain a defendant’s profits under the Lanham Act....more
Under 15 U.S.C. § 1117(a), trademark holder who proves infringement may receive as damages an award of profits “subject to the principles of equity.” This phrase has divided the circuit courts going back several decades, with...more
A petition for writ of certiorari pending before the U.S. Supreme Court asks the Court to decide whether a plaintiff must prove willful infringement to obtain an award of a trademark infringer’s profits for a violation of 15...more
The maker of the Tieks ballet flat Gavrieli Brands walked away with over $2.1 million when a federal jury found Soto Massini’s competing designs infringed on Tieks’ patents and trade dress....more
Several months ago we blogged about the duty to defend advertising injury claims under commercial general liability (CGL) policies, noting that many courts continue to struggle with the practical application of basic duty to...more
On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an earlier post on this blog, we...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more
Global Advanced Metals and LPW Technology partner on 3D printing of tantalum devices - Global Advanced Metals (GAM), a maker of tantalum and niobium products, and LPW Technology, a metal powder for additives manufacturer,...more
Nike filed a lawsuit against Puma on May 3, 2018 in the District Court of Massachusetts accusing Puma of infringing over 40 claims of seven utility patents. The complaint asserts that Puma is using Nike’s Flyknit®, Air®, and...more
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
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
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 Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods - On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...more
Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring...more