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
A federal appeals court on Tuesday overturned the West Virginia law banning transgender girls from playing on girls’ sports teams, finding that it violates Title IX, the federal civil rights law that prohibits sex-based...more
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
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
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
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
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
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
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
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
TINA Investigation Sours on HelloFresh - America’s #1 food-box provider is deploying dark patterns, says watchdog - See-Through? When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more