Authored by the Congressional Research Service :
Fashion design does not currently receive explicit
protection under U.S. copyright law. Limited avenues for protection of certain
types of apparel designs can be found through trademark and patent law, though
proponents of copyright protection...
By Allan J. Sternstein and Neal G. Massand, Dykema Gossett PLLC
*This article was first published on insidecounsel.com .
For decades, fashion designers have watched their new designs be quickly copied with knock-off pieces that pop up on the open market shortly after the originals appeared on runways...
Senator Charles Schumer recently introduced the Innovative Design Protection
and Piracy Prevention Act, S. 3728 , to create the first statutory protection
specific to fashion designs. This bill, proposed to amend the US Copyright Act,
provides intellectual property protection to apparel...
On February 15, Devi Kroell Inc. and Azzorro Capital Inc. v. Graciela
Chiurazzi was filed in the New York Supreme Court, New York County. The plaintiffs are
investors in the business of Ms. Chiurazzi, a/k/a Devi Kroell, who as part of
the investment transaction assigned IP and publicity rights associated...
Recently, Hermès International filed a federal complaint in New York against a defendant who sold a cloth tote bag bearing
photographs on its exterior surfaces of the corresponding exterior surfaces of
Hermès's iconic Birkin bag. Hermès is suing for false designation of origin...
Friday's Motion to Dismiss and supporting Memorandum of Law puts forth some novel and interesting interpretations of
or download the entire motion from Hermès International v. Thursday Friday, 11 Civ. 580 (S.D.N.Y. Mar. 07, 2011)
For more information...
Trademark Fight Ensues Over Lou's Red Shoes
A new line of women's footwear now being sold by Yves
Saint-Laurent has high-end French shoe designer Christian Louboutin seeing red.
Louboutin's companies, asserting that a new line of red Yves Saint-Laurent shoes
violates their U.S...
In the midst of New York Fashion Week, Judge Shira
Sheindlein delivered a stylish valentine to the fashion law community in the case
of Gucci v. Guess?, Inc. , 2012 US.Dist.LEXIS 18497 (February 14, 2012) [ enhanced version available to lexis.com subscribers ],
in which Gucci has asserted trademark...
The global fashion and apparel industry has grown to
represent a $3 trillion market. Therefore, a new area of law is required to help guide fashion designers
and executives through the legal quandaries peculiar to fashion. Fashion Law: A Guide for Designers, Fashion
Executives and Attorneys addresses...
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...
On March 13, Vernon Bruce Hoeksema ("Hoeksema") commenced an
action in the Southern District of New York (12 CIV 1841) against Asprey
International Ltd. ('Asprey")and John P. Rigas ("Rigas") asserting claims of
breach of contract, common law fraud, fraud in the inducement...
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...
By Ashlee Froese of Gilbert's LLP
The US Commerce Department, in conjunction with the US Patent and Trademarks Office, recently issued a report that looked at the economic contributions of intellectual property to the US economy. It's no joke. It is estimated that intellectual property-intensive...
Active Sports Lifestyle USA, a manufacturer of active wear
for extreme athletes/riders, recently filed a trademark infringement action
against Old Navy. Old Navy is accused of infringing the "Active" trademark, which
includes Active's triangle design.
According to the complaint...
By Ashlee Froese of Gilbert's LLP
A decision was recently released relating to Toronto Life Publishing Company Limited and its successor company 1772887 Ontario Limited taking on Bell Canada in respect of its fashion-related blog in an opposition proceeding. ( OK - typing out 1772887 Ontario Limited...
Perhaps the most remarkable feature of the current hyper-digital age is the ever-shrinking gap between the celebrity and everyman. Nowhere is this phenomenon more apparent than in the realm of the celebrity tweet. Twitter, the pervasive microblogging website, promises thrilling accessibility to prominent...
On Monday, Mara Hoffman, Inc. sued Forever 21 in the
Southern District of New York, accusing the retailer of copyright infringement.
Mara Hoffman owns a copyright in and to a fabric entitled "Chief." According to
the complaint :
Defendant has infringed Mara
Hoffman's copyright by...
Earlier this month, Vera Company sued Liz Claiborne / Fifth
& Pacific, alleging that defendants have been selling Kate Spade products, including
but not limited to dresses and telephone cases, that infringe Vera's Poppy
Field design copyright.
The complaint describes the Poppy Field design...
The Worth Collection, which sells clothing, jewelry and
fashion accessories, recently filed suit against a Florida business that sells
jewelry and fashion accessories under the mark and trade name "The Worth
Collection." According to the complaint, the defendants (WCPB) also operate a
by Law360, the Second Circuit last Monday affirmed the
dismissal of Jovani Fashion Ltd.'s copyright case against clothing designer Fiesta
Fashions . Jovani Fashion, Ltd. v. Fiesta
Fashions, 2012 U.S. App. LEXIS 21245 (2d Cir. N.Y. Oct. 15, 2012) [ enhanced version available to lexis...
Red M&Ms, red Crayolas red Porsches - let's hope they
never end. But what about the famous red shoe battle between designers Christian
Louboutin and Yves Saint Laurent? You thought there was an end to that red
You might be wrong.
As reported by Law360 , the USPTO recently...
law , a person can't own an eagle. In fact, a person can't even own the
feather from an eagle. Federal law notwithstanding, nothing prevents a person
from owning the representation of an eagle, which is what American Eagle, the
fashion company, has done. American Eagle owns...
If you've attended Toronto's Fashion Week, it's likely
that you've come away from the tent with a strong desire to wear a carpet to
your next cocktail party. If you haven't been to Toronto Fashion Week, let me
explain. Korhani is a Canadian carpet and rug manufacturer. For the...