Category Archives: IP/Brand Protection

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Four Wheel Fashion

If you’ve ever wondered what the “lifestyle” of a Porsche driver looks like, look no further than Porsche Design’s latest fashion catalog. Twenty-three glossy pages of sleek leather jackets, modern business blazers, and retro-futuristic day-to-evening wear attempt to define what Porsche drivers look like, what they wear, and what they do in their free time. … Continue Reading

Hashtagging Away Your Rights: Privacy and Publicity Rights in Social Media

The fashion industry is finally loosening its buttons—several decades and a few billion dollars in advertising later, retailers are moving away from using high-priced models and exotic locations to lure customers. Instead, many brands are promoting their designs by relying on every day images of existing customers wearing their products. Consumers- specifically, young women- are … Continue Reading

Jovani Fashion, Ltd. v. Fiesta Fashions: Second Circuit Finds Dress Designer’s Copyright Claim Weak at the Seams

On October 15, 2012, the United States Court of Appeals for the Second Circuit issued its opinion in Jovani Fashion, Ltd. v. Fiesta Fashions , Docket No. 12-598-cv, 2012 WL 4856412, holding that the prom dress artwork of fashion designer Jovani Fashions, Ltd. (“Jovani”) lacked copyrightable elements, and thus, could not be infringed by a … Continue Reading

FTC Issues Revised “Green Guides”

By Robert Magielnicki On October 1, 2012, the Federal Trade Commission issued revised “Guides For The Use Of Environmental Marketing Claims” – the “Green Guides,” 16 CFR Part 260. The Green Guides originally were issued in 1992 and were revised in 1996 and 1998. The review resulting in the latest revisions began in November 2007. The … Continue Reading

Second Circuit Digs Its Heels Into Louboutin Dispute; Finds “Red Sole” Trademark Protectable, But Limited in Scope

By Tyler Baker and Ted Max On September 5, 2012, the United States Court of Appeals for the Second Circuit issued its long-awaited and highly anticipated decision in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., Docket No. 11-3303-cv. The Second Circuit reversed the lower court decision, in part, holding that Christian Louboutin’s … Continue Reading

Fashion Film Art Movement

By Victoria Lee and Ted Max In this hyper-digital age, the designer brand’s focus has gradually shifted from primarily print advertising media to reaching consumers through the Internet and many forms of social media with branded entertainment in the form of short fashion films. The fashion film trend pairs fashion brands with famous directors and … Continue Reading

Louis Vuitton Achieves Genuine Victory Over Flea Market’s Phony Sales

By Tyler Baker Luxury brand titan Louis Vuitton recently achieved a significant victory over counterfeiting of its designer products. In an action brought in the U.S. District Court for the Western District of Texas, Louis Vuitton sued the Eisenhauer Road Flea Market, its owner, Bruce L. Gore, and its manager, Patricia D. Walker, for contributory … Continue Reading

Battle of the G’s Rages On: Gucci’s $124 Million Trademark and Trade Dress Infringement Lawsuit Against Guess? Withstands Summary Judgment

By Shannon King The multi-million dollar trademark and trade dress dispute between Italian fashion label Gucci and American designer Guess?, Inc. ("Guess?") marches on toward trial as Judge Shira Scheindlin of the United States District Court for the Southern District of New York largely rejected Guess?’s motion for summary judgment to dismiss Gucci’s claims on … Continue Reading

REALITY BITES – Brand Protection, Reality TV Style

THE SITUATION IS ASKED NOT TO COVER HIS SITUATION WITH ABERCROMBIE ANYMORE Abercrombie & Fitch issued a press release offering The Situation (of MTV’s The Jersey Shore fame) "substantial payment" to stop wearing Abercrombie’s clothes. The company’s main concern is brand dilution. The press release explains the company is worried that The Situation’s "association with our brand … Continue Reading

YSL Fights Back By Seeking To Cancel Louboutin’s Red Sole Trademark

As we previously reported here, Christian Louboutin ("Louboutin") filed a lawsuit against Yves Saint Laurent ("YSL") in early April, alleging that YSL and its affiliated companies violated Louboutin’s red sole trademark by selling women’s shoes with red uppers and outsoles alleged to be virtually identical to Louboutin’s red sole trademarks.  … Continue Reading

Tweet Me! – The Southern District of New York Answers Copyright Questions Raised By Twitter and Twitpic Use

Social media has become a part of everyday life. As Shakespeare has written: "This news is not old enough, yet it is every day news." The minutiae of every moment is narrated through status updates. Digital photographs are taken and instantaneously posted minute-by-minute on the Internet for the world to see. This lightning fast use of social media … Continue Reading

This Season, Cover Your Apps

"There’s an app for that.™” The fashion world, and indeed, the general consuming public, is well familiar with this phrase. The expression has become so ubiquitous that Apple has even successfully registered it for trademark protection. But what is the import for the fashion industry? What does "that" refer to, and what are its legal ramifications? What’s behind the … Continue Reading

The Combating Online Infringement and Counterfeits Act (“COICA”) Moves to the Senate

Online piracy and internet counterfeiting are unfortunate realities in our Information Age. On the Internet, a counterfeiter can sell consumers a pair of counterfeit Louboutins or a fake Hermes Birkin bag purchased with the simple click of a mouse. Other online pirates can sell consumers unauthorized copies of their favorite television show, movie, or music … Continue Reading

Total Victory in Patent Infringement Case

High fashion eyewear company Revolution Eyewear, Inc., won a total victory in a patent infringement case filed against the company and its president, Gary Martin Zelman, by Aspex Eyewear, Inc. The U.S. District Court for the Southern District of Florida granted Revolution’s motion for summary judgment of non-infringement of United States Patent RE 37,545 (‘545 … Continue Reading

European Copyright Protection of Fragrances is Largely a Matter of Common Scents

As the perfume industry has blossomed into a $20 billion dollar a year business, it has encountered a formidable adversary in the form of "smell-alike" fragrances. Such perfumes are unlicensed "copies" of popular fragrances that are meant to appeal to those who wish to possess premium scents without the premium prices. Smell-alikes have achieved a … Continue Reading

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).  … Continue Reading

Faking It: What Designers Should Know About Piracy, Purse Parties, and Parking Lots

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 … Continue Reading

UPC System Helps Fragrance Manufacturer Sniff Out Counterfeit Goods

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 … Continue Reading
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