Patent Your Patent Leather: Patent Protection For The Fashion Industry

In an age of "knock-offs," patent protection is an avenue that can be used by the fashion and apparel industry to protect products.  Every week, the United States Patent and Trademark Office grants dozens of patents on a diverse range of apparel and fashion accessories (for example, shoes, hats, handbags and clothing among other items).  Most of these patents are "design patents."  Under United States Patent Law, there are two broad categories of patents:  "utility patents," which protect the way an invention is used and works, and "design patents," which protect the ornamental appearance of a useful article.

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What's in a Name?: PerfumeBay v. eBay Trademark Litigation

The Ninth Circuit addressed the practical issues and challenges concerning the rights associated with domain names and trademark rights on the World Wide Web. In Perfumebay.com Inc. v. eBay Inc., No. 05-56794, the Ninth Circuit affirmed the District Court's broad injunction preventing Perfumebay from using the conjoined form of the word because such use created a likelihood of confusion with eBay.  Perfumebay.com Inc. v. eBay Inc., No. 05-56794, 14521 (9th Cir. Nov. 5, 2007).

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Crimes of Fashion

The LAPD and the Los Angeles County Sheriff's Department coordinated the largest raid ever on the Santee Alley downtown LA shopping district in late 2007, confiscating $8 million in counterfeit goods and arresting 26 people.  Among the confiscated merchandise were designs copied from labels such as Prada, Rolex, Fendi and Gucci.  The LAPD wants to send the message that selling counterfeit goods will no longer be tolerated.

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