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
In Ezaki Glico Kabushiki Kaisha v. Lotte International America Corp., the U.S. Court of Appeals for the Third Circuit considered a trade dress infringement dispute between two confectioners. Ezaki Glico (“Ezaki”), a Japanese...more
In Blumenthal Distrib. Inc. d/b/a Office Star v. Herman Miller, Inc.,1 the U.S. Court of Appeals, Ninth Circuit, held that the overall appearance of Herman Miller Inc.’s Eames chairs was eligible for trade dress protection...more
Three years ago, the Supreme Court announced a seemingly simple separability test for determining whether features of a useful article are eligible for copyright protection in the landmark decision Star Athletica v. Varsity...more
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
On March 22, 2017, the Supreme Court, in a 6-2 opinion by Justice Thomas, affirmed the Sixth Circuit’s holding that the two-dimensional graphic designs on Varsity Brands’ cheerleading uniforms are eligible for copyright...more