Intellectual Property

Recent Posts

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

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

Canada Fashion Law - Mon Dieu: Canada est Bilingue!
Posted on 21 Feb 2013 by Ashlee Froese

By Ashlee Froese of Gilbert's LLP It's a good thing that old Montreal is so darned charming because doing business there can cause some retailers a headache! When launching a product or business in Canada it is important to remember that Canada... 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 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

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

Mon Dieu: Chanel Accused of Counterfeiting
Posted on 1 Oct 2012 by Ashlee Froese

By Ashlee Froese of Gilbert's LLP France is known for its fashion. Perhaps more importantly within the fashion world, France is known as being one of the last remaining champions of the petites mains : highly skilled tailors and seamstresses that... Read More

Australian Law Butts Out Branding
Posted on 10 Sep 2012 by Ashlee Froese

By Ashlee Froese of Gilbert's LLP This is not altogether related to the fashion industry but it's pretty darned interesting! And, let's face it, here at CanadaFashionLaw , we can tie almost everything back to fashion!!!! Australia recently... 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

Curtailing Copycat Couture: The Merits of the Innovative Design Protection and Piracy Prevention Act and a Licensing Scheme for the Fashion Industry
Posted on 23 Jan 2012 by brian.scanlon placeholder

By Aya Eguchi* *B.S.E., Duke University, Pratt School of Engineering, 2005; J.D. Candidate, Cornell Law School, 2012; Editor, Cornell Law Review, Volume 97. Excerpt from Curtailing Copycat Couture: The Merits of the Innovative Design Protection and... Read More

Louis Vuitton and The Hangover II: A Trademark Battle between Beauty and the Beast
Posted on 19 Jun 2012 by Travis Burchart

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... 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

The Other Shoe Drops
Posted on 13 Jun 2012 by Ashlee Froese

By Ashlee Froese of Gilbert's LLP Zut alors! Christian Louboutin is not having a good year with the judicial system and must be seeing red! CanadaFashionLaw has extensively covered Christian Louboutin's dispute with Yves Saint Laurent... Read More

Did Your Prom Have a Copyright Theme? Probably Not, but a Recent New York Copyright Case Has a Prom Theme
Posted on 12 Jul 2011 by Travis Burchart

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... Read More