Intellectual Property

Recent Posts

Bundle Up – Litigation Can Be Chilly
Posted on 13 Nov 2013 by Ashlee Froese

A potentially big Canadian fashion law dispute caught our attention last week and we couldn’t wait to tell you all about it. Canada Goose is taking on Sears Canada over Sears’ sale of allegedly infringing jackets. Below is a summary of Canada... 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... Read More

Law and the Little Black Dress – Photos from Fashion Law CLE
Posted on 10 Nov 2011 by Copyright & Trademark Law Community Staff

Pictures from November 3rd's Law and the Little Black Dress , an evening of CLE and cocktails inspired by the 50th anniversary of the film Breakfast at Tiffany's , are now available on Facebook. Law and the Little Black Dress was presented... Read More

Would Clothes By Any Other Name Smell as Sweet?
Posted on 6 Jan 2012 by Ashlee Froese

By Ashlee Froese of Keyser Mason Ball LLP Last year Liz Claiborne Inc. sold its brand to J.C. Penney for a cool $288 million (US). The naming rights also jumped ship as part of the transaction. Now that Liz Claiborne Inc. is no longer Liz Claiborne... 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

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

Conde Nast to License Fashion Law Treatise to – Coming January 2012
Posted on 7 Nov 2011 by Copyright & Trademark Law Community Staff

Conde Nast , the publisher of magazines covering fashion, technology, food, and travel, recently entered into a licensing agreement with LexisNexis that will allow subscribers to access Conde Nast's fashion law treatise, Fashion Law,... Read More

Fashion Law: A Guide for Designers, Fashion Executives and Attorneys - Now Searchable on
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

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