Did Your Prom Have a Copyright Theme? Probably Not, but a Recent New York Copyright Case Has a Prom Theme

In determining the copyrightability of prom dress designs, the Southern District of New York recently noted that: The exception for separable elements of useful articles has proven difficult to apply, and courts "have twisted themselves into knots trying to create a test to effectively ascertain...

Is Old Navy Actively Pursuing Trademark Infringement? Skateboard/Snowboard Clothier Believes So

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...

Louis Vuitton and The Hangover II: A Trademark Battle between Beauty and the Beast

How come The Hangover II can't keep its grubby mitts out of IP law. Last year, the movie did a bit of copyright battle with Mike Tyson's tattoo artist . That makes a little sense; boxing, tattoos and hangovers might fit into some sort of loose narrative. But could anyone have pictured The...

Christian Louboutin v. Yves Saint Laurent - No End to Their Trademark Battle Over the Color Red?

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 dispute, right? You might be wrong. As reported by Law360 , the USPTO recently...

Fashion Giant American Eagle Seeks to Reign in Cab Company’s Use of Eagle Mark

Under federal 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...