Intellectual Property

Recent Posts

FREE DOWNLOAD: Fashion / Motion to Dismiss Trademark Claim - Hermès International v. Thursday Friday, 11 Civ. 580 (S.D.N.Y. Mar. 07, 2011)
Posted on 14 Mar 2011 by Copyright & Trademark Law Community Staff

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... 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

FREE DOWNLOAD: Fashion Complaint - Hermes International vs. Thursday Friday Inc., 11cv0580 (S.D.N.Y. Jan. 28, 2011)
Posted on 22 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

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

CRS Report - Copyright Protection for Fashion Design: A Legal Analysis of Legislative Proposals in the 111th Congress
Posted on 15 Sep 2010 by Copyright & Trademark Law Community Staff

Authored by the Congressional Research Service : Summary Fashion design does not currently receive explicit protection under U.S. copyright law. Limited avenues for protection of certain types of apparel designs can be found through trademark... 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

Fashion Police: Proposed amendments to the Copyright Act would create protection for original fashion designs.
Posted on 1 Nov 2010 by Copyright & Trademark Law Community Staff

By Allan J. Sternstein and Neal G. Massand, Dykema Gossett PLLC *This article was first published on insidecounsel.com . For decades, fashion designers have watched their new designs be quickly copied with knock-off pieces that pop up on the open... 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

Mara Hoffman’s “Chief” Fabric Design Prompts Copyright Lawsuit against Forever 21
Posted on 24 May 2012 by Copyright & Trademark Law Community Staff

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... Read More

Schumer Introduces Legislation to Protect Fashion Design
Posted on 9 Aug 2010 by Copyright & Trademark Law Community Staff

Press Release from the American Apparel & Footwear Association and the Council of Fashion Designers of America : Washington, DC - Senator Charles Schumer (D-NY) introduced the Innovative Design Protection and Piracy Prevention Act (S. 3728)... Read More

Kate Spade Products Accused of Infringing Vera Neumann Design Copyright
Posted on 16 Jul 2012 by Copyright & Trademark Law Community Staff

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... Read More