Category Archives: Fashion Cases

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Seeking to Stop Deceptive ‘MADE IN USA’ Claims, the FTC Takes Action Against Brandnex

On January 25, 2021, President Joe Biden issued an Executive Order entitled “Ensuring the Future is Made in America by All of America’s Workers,” which directs a broad review and strengthening of governmental procurement and financial assistance policies and regulations which require or provide a preference for goods, products or materials produced in the United … Continue Reading

FTC’S New “Disclosures 101” Publication And Video Is A Shout Out To Influencers

On November 5, 2019, the United States Federal Trade Commission (“FTC”) issued a guide entitled “Disclosures 101 for Social Media Influencers”[1] and a video “Do you endorse things on social media?” to alert influencers to the laws governing endorsement or recommendation of products or services and provide social media influencers with “tips on when and … Continue Reading

Rah! Rah! Sis Boom Bah! Supreme Court to Decide Whether Copyright Act Protects Cheerleader Uniform Designs

In August 2015, the United States Sixth Circuit Court of Appeals held in Varsity Brands, Inc.. v. Star Athletica, LLC, 799 F.3d 468 (6th Cir. 2015), that the stripes, chevrons and other visual elements that appear on a cheerleading uniform could be protectable under United States copyright law.  While clothing is generally considered to be … Continue Reading

A Proposition 65 Violation May Be Lurking in Your Cash Register Receipt

Many consumer-facing businesses have learned to identify high-risk Prop 65 targets:  soft, flexible plastics; faux and colored leathers; and any kind of brass or metal that may contain lead or other heavy metals.  But businesses need to take action to avoid Prop 65 liability based on a new culprit: bisphenol-A (BPA) that may be lurking … Continue Reading

The FTC Cracks Down On March 2015 Lord & Taylor Social Media Launch: Native Advertisers Beware!

Recent efforts by the Federal Trade Commission (“FTC”) to regulate the use of native advertisements — a popular and growing advertising tool– have resulted in the first enforcement action. On March 15, 2016, the FTC settled charges brought against New York retailer Lord & Taylor, LLC (“Lord & Taylor”), arising from Lord & Taylor’s March … Continue Reading

He’s got 99 Problems, But a Breach Might NOT be One

In the wake of 2016, Jay-Z faces an $18 million lawsuit for his failure to publicly appear and promote his signature fragrance line, as he was contractually obligated. 2009 marked the start of a budding licensing relationship between Parlux Fragrances and Hova, wherein Parlux courted the rapper with common stock offers and warrant transfers to … Continue Reading

Supreme Court Sides with EEOC in Abercrombie & Fitch Hijab Case

On Monday, June 1, 2015, the United States Supreme Court reversed a judgment of the United States Court of Appeals for the Tenth Circuit which had granted Abercrombie & Fitch (“Abercrombie”) summary judgment in a religious accommodation case brought by a job applicant who wore a headscarf (a hijab) to an interview, but did not … Continue Reading

ZIPped Back Up: Williams-Sonoma Gains Federal Dismissal Of New Jersey Consumer Privacy Claim in Feder

In Feder v. Williams-Sonoma Stores, Inc, the United States District Court for the District of New Jersey joined the New Jersey Superior Court in weighing in on the issue of whether a retailer violates consumer privacy state law by requesting a customer’s zip code at the point of purchase.  Feder was brought by the same … Continue Reading

UnZIPped in New Jersey?

A New Jersey state trial court has initially weighed in on the issue of whether a retailer violates state law by requesting a customer’s zip code at the point of purchase.  In a case fashioned after the California Supreme Court’s decision in Pineda v. Williams-Sonoma, 51 Cal.4th 524 (Feb. 10, 2011), New Jersey Superior Court … 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

YSL has Louboutin Seeing Red

Elvis Costello’s 1977 hit song "The Angels Want to Wear My Red Shoes" might be an appropriate theme song for the high profile fashion trademark case that was brought in the United States District Court for the Southern District of New York earlier last month by the designer Christian Louboutin, Christian Louboutin S.A. and Christian … Continue Reading

Valentino Receives Favorable TTAB Ruling in Sixteen-Year Trademark Dispute

On June 25, 2010, the Trademark Trial and Appeal Board ("TTAB") of the United States Patent and Trademark Office rendered its decision in the case of Valentino U.S.A., Inc. v. Florence Fashions (Jersey) Limited, Opposition Nos. 91094961 and 91095203, Cancellation Nos. 92029390 and 92029476, 2010 WL 2783891 (TTAB June 25, 2010), marking the culmination of … Continue Reading

Smells Like Trademark Protection: Copycat Perfumes Cannot Engage in Comparative Advertising, on Odor of the Court

L’Oreal scored a major victory in trademark protection against smell-alike perfumes this past month in England’s Court of Appeal. In L’Oréal v. Bellure, the court held that Bellure’s use of lists in its advertising that compared its perfumes’ scents to those of well-known L’Oréal perfumes constituted trademark infringement. This widely-reported decision indicates a sea change … Continue Reading

The Southern District Of New York Sends A Clear Message To Retailers Selling Counterfeits That Failing To Exercise Due Diligence In Purchasing Products After An Injunction May Result In Trebled Damages Of Millions Of Dollars

In Fendi Adele S.R.L. v. Burlington Coat Factory, No. 06 Civ. 85 (LBS), 2010 WL 431509 (S.D.N.Y. Feb. 8, 2010), the United States District Court for the Southern District of New York, in light of the prior 1987 injunction prohibiting defendant Burlington Coat Factory ("Burlington") from selling counterfeit Fendi products in its stores, recently held … Continue Reading

Courts Double-Burberry-Check The Math And Award Damages Less Than The Statutory Maximum For Willful Infringement

Two recent cases highlight the issues faced when seeking an award for willful damages in trademark infringement cases involving counterfeit goods. Burberry brought an action against Designers Imports ("Designers") in 2007 (the "Designers Action") for selling counterfeit Burberry goods, featuring the Burberry name, the Burberry Check design and the Burberry “Equestrian Knight” on horseback (collectively, the … Continue Reading

“Google AdWords — Be Careful What You Bid For”

Since the proliferation of the internet and online advertising, trademark owners have sought to prevent  the unauthorized use of their marks as keywords for online advertising on search engines. In the Second Circuit before 2009, trademark owners had difficulty protecting their marks where the competitor’s link simply shows up as "Sponsored Link" on the landing page, … Continue Reading

Retailers Get More Clarity On Key Privacy Issues In Song-Beverly Cases – Zip Code O.K., Reverse Lookup O.K., E-MAIL Address Not Preempted

By Craig Cardon and Elizabeth Berman The California Court of Appeal has recently published two new decisions involving data privacy class actions. Both involve claims under the Song-Beverly Credit Card Act. The most recent, Jessica Pineda v. Williams-Sonoma Stores, Inc., 2009 DJDAR 15191, affirmed the judgment against the plaintiff on the grounds that it is not a … Continue Reading

Trends May Come and Go, But Personal Name Trademarks Are Here to Stay

From Coco Chanel to Zac Posen, many fashion designers’ personal names (and personalities) have become synonymous with the fashion houses they represent. Anything associated with a famous designer’s name often becomes more coveted due to the reputation, history, and recognition that the designer carefully built around it over time. As a result, designers’ personal name trademarks often … Continue Reading

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 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 … Continue Reading

Supreme Court “Discounts” Century-Old Anti-Price-Fixing Rule

On June 28, 2007, a 5-4 Supreme Court ruling in Leegin Creative Leather Products, Inc. v. PSKS overturned almost 100 years of federal precedent by declaring that vertical price fixing is no longer automatically presumed illegal under U.S. antitrust law.  This decision allows manufacturers to set fixed prices for their products and forbid retailers from … Continue Reading

Murphy v. Kenneth Cole Productions, Inc.

Today, the California Supreme Court unanimously decided Murphy v. Kenneth Cole Productions, Inc. S140308, and held that the "one additional hour of pay" in Labor Code section 226.7 constitutes a wage and not a penalty. This decision is significant because a wage is subject to a three year statute of limitations (Code of Civ. Proc. … Continue Reading

The Ninth Circuit Protects Popular Logos by Rejecting Aesthetic Functionality Defense

In a recent case, the Ninth Circuit rejected the aesthetic functionality defense to trademark infringement as applied to those who sell products with popular logos of other companies on them, like Volkswagen’s and Audi’s logos and other marks, the Nike Swoosh, the Playboy bunny ears, and the Mercedes tri-point star.  Au-Tomotive Gold, Inc. v. Volkswagen … Continue Reading

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