Intellectual Property

Recent Posts

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

Chatting with Porter Airlines’ Supervisor of Uniforms
Posted on 23 Jul 2013 by Ashlee Froese

At CanadaFashionLaw we love learning about interesting facets of the fashion industry and love to help fashionistas become aware of different career paths within the industry. So when we met Laura DiMarcello , the Supervisor of Uniforms at Porter Airlines... 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

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

Cowan, Liebowitz & Latman Announces Seminar on Fashion, Technology and the Internet
Posted on 13 May 2013 by Copyright & Trademark Law Community Staff

NEW YORK -- The law firm Cowan, Liebowitz & Latman will hold its ninth annual breakfast seminar for the Fashion Industry titled " Fashion, Technology & the Internet-Opportunities and Challenges " It will be held on Thursday, June... 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

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

Sheppard Mullin Richter & Hampton LLP: @theForefront: The Celebrity Fashion Tweet
Posted on 7 May 2012 by Sheppard, Mullin, Richter & Hampton LLP

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... Read More

Canadian Media Houses Battle Over Fashionable Trade-marks
Posted on 2 May 2012 by Ashlee Froese

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... Read More

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
Posted on 19 Mar 2012 by Sheppard, Mullin, Richter & Hampton LLP

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... Read More

Private Equity in Blue: Hoeksema v. Asprey International Ltd. and Rigas.
Posted on 21 Mar 2012 by Henry Z. Horbaczewski

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... Read More

Troutman Sanders LLP: Jos. A. Bank Faces Class Action Over “Never-Ending” Sale
Posted on 23 Apr 2012 by Troutman Sanders

By Karen F. Lederer and Eric L. Unis On April 5, 2012, two consumers filed a proposed class action in federal court in New Jersey against Jos. A. Bank, alleging that the men's clothing retailer perpetually misrepresented its merchandise as being... Read More

Fashion Law: A Guide for Designers, Fashion Executives and Attorneys - Now Searchable on Lexis.com
Posted on 12 Mar 2012 by brian.scanlon placeholder

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... Read More