Intellectual Property

Recent Posts

The Battle of Red Shoes: Christian Louboutin Sues Yves Saint-Laurent for Trademark Infringement of Distinctive Red Soles
Posted on 26 Apr 2011 by Lee Berlik

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... Read More

Is Old Navy Actively Pursuing Trademark Infringement? Skateboard/Snowboard Clothier Believes So
Posted on 19 Apr 2012 by Travis Burchart

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... Read More

Guess Again
Posted on 28 Feb 2012 by Henry Z. Horbaczewski

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... Read More

Christian Louboutin v. Yves Saint Laurent - No End to Their Trademark Battle Over the Color Red?
Posted on 30 Jan 2013 by Travis Burchart

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... 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

Second Circuit Dismisses Appeal from New York Court’s Decision in Prom Dress Copyright Case
Posted on 18 Oct 2012 by Travis Burchart

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.... Read More

Fashion Giant American Eagle Seeks to Reign in Cab Company’s Use of Eagle Mark
Posted on 6 Feb 2013 by Travis Burchart

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... 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

Copyright Protection for Fashion Design: A Narrowly Tailored Proposal
Posted on 2 Sep 2010 by Sunstein Kann Murphy & Timbers LLP

By Nicole Rizzo Smith , a member of Sunstein's Litigation Practice Group C oco Chanel once said, "Fashion is made to become unfashionable." Perhaps due to this truism, fashion design is largely unprotected by intellectual property... Read More

IP Rights Should Never Be Swept Under the Carpet
Posted on 11 Jun 2013 by Ashlee Froese

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... Read More

Crackdown on Counterfeit Couture
Posted on 28 Jun 2010 by Martha Nimmer

Fashion design is finally getting the protection it deserves. In April, the European Union renewed a selective distribution regulation, [1] set to expire in May, which will allow makers of brand name goods to decide how their products are distributed... 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

Crackdown on Counterfeit Couture
Posted on 29 Jun 2010 by Martha Nimmer

Fashion design is finally getting the protection it deserves. In April, the European Union renewed a selective distribution regulation, [1] set to expire in May, which will allow makers of brand name goods to decide how their products are distributed... Read More