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The Necessity of Protecting Fashion Designs in the Internet Age

New York 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...

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...

The Battle of Red Shoes: Christian Louboutin Sues Yves Saint-Laurent for Trademark Infringement of Distinctive Red Soles

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...

Can Color be Trademarked? Battle of the Red Shoes

Trademark Fight Ensues Over Christian Louboutin's Distinctive Red Soles 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...

Yves Saint-Laurent Sued For Trademark Infringement Of Distinctive Red Soles

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. trademark , recently filed a trademark infringement suit in...

Guess Again

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...

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: 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...

Private Equity in Blue: Hoeksema v. Asprey International Ltd. and Rigas.

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...

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...

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...

Canadian Media Houses Battle Over Fashionable Trade-marks

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...

Sheppard Mullin Richter & Hampton LLP: @theForefront: The Celebrity Fashion Tweet

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...

Mara Hoffman’s “Chief” Fabric Design Prompts Copyright Lawsuit against Forever 21

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...

Kate Spade Products Accused of Infringing Vera Neumann Design Copyright

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 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...

Second Circuit Dismisses Appeal from New York Court’s Decision in Prom Dress Copyright Case

As reported 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...

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...

IP Rights Should Never Be Swept Under the Carpet

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...