News & Analysis as of

Likelihood of Confusion Intellectual Property Protection Fashion Design

Seyfarth Shaw LLP

UGG(H), My Business Needs to Change its Name –A Cautionary Tale for International Trademark Strategy

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A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the...more

K&L Gates LLP

You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer

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In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No...more

Kohrman Jackson & Krantz LLP

Trademark Battle: Nike Sues Former Collaborator Over Custom Sneaker Designs

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

Katten Muchin Rosenman LLP

Kattison Avenue/Katten Kattwalk | Issue 1 - Winter 2022

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

Hogan Lovells

Has Messi opened up a Pandora’s box before the European Courts?

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Messi is victorious not only on the football field, but also before the European Courts: the football player’s reputation creates a conceptual difference between MESSI and MASSI which counteracts the visual and phonetic...more

Akerman LLP - Marks, Works & Secrets

A Cautionary Tale of Waiver!

The Federal Circuit upheld a Trademark Trial and Appeal Board (“Board”) decision refusing registration of an athletic apparel company’s trademark, holding that the trademark applicant waived its key arguments by not raising...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 18

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Hogan Lovells

Europe: Well-Known Brand Owners Learn From Puma – Evaluate Your Reputation Right!

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(Judgment of 26 September 2018 in Case T-62/16 – Puma SE v. EUIPO / Doosan Machine Tools Co. Ltd) - In a case concerning completely dissimilar goods and different public, the General Court (GC) once again confirmed that...more

Ladas & Parry LLP

TTAB Decision Underscores Difficulty Of Proving Fraud Before The USPTO

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In Tommie Copper IP Inc v Gcool-Tech Usa LLC (Opposition No 91223768 (9 May 2018) [not precedential]), the Trademark Trial and Appeal Board (TTAB) has dismissed an opposition where the applicant did not have use in commerce...more

Hogan Lovells

adidas victorious again in defending its rights to the Three Stripes

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The General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the...more

Robins Kaplan LLP

Adidas Fights to Protect its Three-Stripe Mark

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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

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