Intellectual Property

Recent Posts

Frankfurt Kurnit Klein & Selz: Appeals Court Rules that Christian Louboutin Has Trademark Rights in its Red Outsoles
Posted on 18 Sep 2012 by Frankfurt Kurnit Klein & Selz

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

Alexander Wang Settles Sweatshop Suit
Posted on 16 Aug 2012 by Law 360: Legal News

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

FREE DOWNLOAD: Fashion Complaint - Hermes International vs. Thursday Friday Inc., 11cv0580 (S.D.N.Y. Jan. 28, 2011)
Posted on 23 Feb 2011 by Copyright & Trademark Law Community Staff

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... Read More

FREE DOWNLOAD: Fashion Complaint - Devi Kroell Inc & Azzurro Capital Inc vs. Gracelia Chiurazzi, 650400-2011 (N.Y. Gen. Term 2/15/11)
Posted on 22 Feb 2011 by Copyright & Trademark Law Community Staff

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... Read More

Sheppard Mullin Richter & Hampton LLP: Louis Vuitton Achieves Genuine Victory Over Flea Market's Phony Sales
Posted on 27 Mar 2012 by Sheppard, Mullin, Richter & Hampton LLP

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... Read More

Legislative Hearing on the Innovative Design Protection & Piracy Prevention Act - Hearing Memorandum and Testimony
Posted on 14 Jul 2011 by Copyright & Trademark Law Community Staff

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... Read More

The Worth Collection Claims Jeweler Is Unworthy of Trademark’s Use
Posted on 8 Aug 2012 by Copyright & Trademark Law Community Staff

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... Read More

Valuing the Invaluable: US Government Looks at IP’s Contribution to Economy
Posted on 16 Apr 2012 by Ashlee Froese

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... Read More

If Salvador Dali Painted Trademark Cases, His Muse Might Be Mattresses and Space Constellations
Posted on 13 Dec 2011 by Travis Burchart

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... Read More

Fashion's Night Out in Canada?
Posted on 25 Jun 2012 by Ashlee Froese

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... Read More

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
Posted on 18 May 2010 by Copyright & Trademark Law Community Staff

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... Read More

S. 3728 - Innovative Design Protection and Piracy Prevention Act
Posted on 12 Aug 2010 by Copyright & Trademark Law Community Staff

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... Read More

US Senate bill would extend unprecedented copyright protection to fashion designs
Posted on 4 Oct 2010 by Arent Fox LLP

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... Read More

Posted on 4 May 2010 by Copyright & Trademark Law Community Staff

Community Members who follow the Fashion Industry Law page ( ) would be well advised to delve into this new work. FASHION LAW is a comprehensive survey of the legal... Read More

Fashion Designer Peter Morrissey Buys Back the Right to Use His Name as a Trade Mark
Posted on 31 Oct 2011 by Lisa Ritson and Elizabeth Ireland

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... Read More