The Finnish textile and clothing company Marimekko announced recently that it reached a settlement with Dolce & Gabbana S.r.L. and Dolce & Gabbana Industria S.p.A. over the use of its trademarked Unikko floral design pattern.
Continue Reading...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.
Continue Reading...Piracy is not just a problem on the high seas or the internet: fashion designers have fallen victim, too. Current copyright laws protect only the artwork of a design, such as labels, logos, prints and embroidery. Leave off the label or change the logo slightly, and manufacturers and copy-cat designers have free reign to duplicate the cut, shape, style, and silhouette of an item of clothing or an accessory. This widespread practice of design piracy by popular retailers is legal…for now.
Continue Reading...A recent case involving fragrance manufacturer Davidoff and retailer CVS addressed the importance of quality control procedures related to fragrance product packaging. In Davidoff v. CVS Corporation, Davidoff, the trademark holder for his line of "Cool Water" fragrances, alleges that CVS violated the Lanham Act by selling counterfeit Cool Water products and by selling decoded gray-market products. On June 25, 2007, the Southern District of New York granted Davidoff's request for preliminary injunction enjoining CVS from selling any counterfeit and gray-market Davidoff goods, finding that Davidoff had shown a likelihood of success on the merits of his case.
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