Recommended Reading: FASHION LAW, A GUIDE FOR FASHION DESIGNERS, FASHION EXECUTIVES AND ATTORNEYS

Community Members who follow the Fashion Industry Law page ( http://www.lexisnexis.com/Community/copyright-trademarklaw/landing-page.aspx?Item=301 ) would be well advised to delve into this new work. FASHION LAW is a comprehensive survey of the legal issues of the industry, covering not only US and...

FREE DOWNLOAD - Complaint: Coach. Inc. and Coach Services. Inc., v. Robina Boutique. Zafar A. Quresh and Does I through 10, Civil Action No. 1:10-cv-02476-RMB –JS, United States District Court District of New Jersey

Yet another anti-counterfeiting case, but this case is especially interesting because, in addition to the trademark and trade dress claims, there is a true copyright infringement claim based on design elements. Read the complain in Coach. Inc. and Coach Services. Inc., v. Robina Boutique. Zafar...

S. 3728 - Innovative Design Protection and Piracy Prevention Act

111th CONGRESS 2d Session S.3728 To amend title 17, United States Code, to extend protection to fashion design, and for other purposes. IN THE SENATE OF THE UNITED STATES August 5, 2010 Mr. SCHUMER (for himself, Mr. HATCH, Mr. GRAHAM, Mr. WHITEHOUSE, Mrs. GILLIBRAND, Ms. SNOWE, Mrs. BOXER, Mrs...

US Senate bill would extend unprecedented copyright protection to fashion designs

By Anthony V. Lupo , Sarah L. Bruno and Amy E. Salomon On August 5, 2010, US Sen. Charles Schumer, D-NY, introduced S. 3728 , the Innovative Design Protection and Piracy Prevention Act. If passed, the Act would extend copyright protection to fashion designs, including many types of men's, women's...

FREE DOWNLOAD: Fashion Complaint - Devi Kroell Inc & Azzurro Capital Inc vs. Gracelia Chiurazzi, 650400-2011 (N.Y. Gen. Term 2/15/11)

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...

FREE DOWNLOAD: Fashion Complaint - Devi Kroell Inc & Azzurro Capital Inc vs. Gracelia Chiurazzi, 650400-2011 (N.Y. Gen. Term 2/15/11)

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...

FREE DOWNLOAD: Fashion Complaint - Hermes International vs. Thursday Friday Inc., 11cv0580 (S.D.N.Y. Jan. 28, 2011)

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...

FREE DOWNLOAD: Fashion Complaint - Hermes International vs. Thursday Friday Inc., 11cv0580 (S.D.N.Y. Jan. 28, 2011)

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...

FREE DOWNLOAD: Fashion / Motion to Dismiss Trademark Claim - Hermès International v. Thursday Friday, 11 Civ. 580 (S.D.N.Y. Mar. 07, 2011)

Thursday Friday's Motion to Dismiss and supporting Memorandum of Law puts forth some novel and interesting interpretations of trademark law. View or download the entire motion from Hermès International v. Thursday Friday, 11 Civ. 580 (S.D.N.Y. Mar. 07, 2011) For more information...

Legislative Hearing on the Innovative Design Protection & Piracy Prevention Act - Hearing Memorandum and Testimony

Hearing Memorandum: July 13, 2011 Memorandum Regarding the Subcommittee hearing on H.R. ____, the "Innovative Design Protection and Piracy Prevention Act": Friday, July 15, 2011, at 10:00 am in 2141 Rayburn HOB. Read the entire Memorandum. Testimony/Statements/Comments before...

Community Trademarks and Italian Protection of Well-Known Names: The Elio Fiorucci Case

The decision handed out on July 5, 2011, by the European Court of Justice, in case C-263/09 , is the latest stage of the hard-fought dispute between the Japanese multinational company Edwin and the well-known Italian fashion designer Elio Fiorucci, over both the registration and use of the names...

Fashion Designer Peter Morrissey Buys Back the Right to Use His Name as a Trade Mark

Australian fashion designer Peter Morrissey has bought back the right to use MORRISSEY as a trade mark, following the opposition to his trade mark applications for PETER MORRISSEY by M Webster Holdings Pty Ltd, the company that purchased the trade mark rights in the MORRISSEY name in 2006. ...

If Salvador Dali Painted Trademark Cases, His Muse Might Be Mattresses and Space Constellations

It might not be melting clocks or dreamy landscapes, but sometimes, trademark law takes on the quality of a surreal painting (e.g. the Hangover II/Mike Tyson tattoo case ). Take for instance the recent intersection of Serta, Oleg Cassini and J.C. Penney. On its face, the parties appear benign, but...

Fashion Law: A Guide for Designers, Fashion Executives and Attorneys - Now Searchable on Lexis.com

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...

Sheppard Mullin Richter & Hampton LLP: 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...

Valuing the Invaluable: US Government Looks at IP’s Contribution to Economy

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...

Fashion's Night Out in Canada?

By Ashlee Froese of Gilbert's LLP Every Wednesday CanadaFashionLaw religiously reads the Trade-marks Journal issued by the Canadian Trade-marks Office ( what can we say - we love trade-marks !!). Something caught our eye that we thought was worthy of a quick blurb. It looks like Advance Magazine...

The Worth Collection Claims Jeweler Is Unworthy of Trademark’s Use

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 website...

Alexander Wang Settles Sweatshop Suit

Fashion designer Alexander Wang on Monday resolved a suit by former employees claiming his Chinatown facility in New York City was a sweatshop where workers were subjected to a hostile work environment because of their race and were denied overtime pay. Read More... .... Sign in with your...

Frankfurt Kurnit Klein & Selz: Appeals Court Rules that Christian Louboutin Has Trademark Rights in its Red Outsoles

As fashion week begins in New York, the Court of Appeals for the Second Circuit issued an important ruling [ enhanced version available to lexis.com subscribers ] that may help fashion creators in their efforts to obtain intellectual property protection for fashion design. The appeals court held that...