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Did Your Prom Have a Copyright Theme? Probably Not, but a Recent New York Copyright Case Has a Prom Theme

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 trying to create a test to effectively ascertain...

Legislative Hearing on the Innovative Design Protection & Piracy Prevention Act - Hearing Memorandum and Testimony

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. Testimony/Statements/Comments before...

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

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, Fashion Executives and Attorneys addresses...

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

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 for the Southern District of New York largely...

Private Equity in Blue: Hoeksema v. Asprey International Ltd. and Rigas.

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 contract, common law fraud, fraud in the inducement...

Is Old Navy Actively Pursuing Trademark Infringement? Skateboard/Snowboard Clothier Believes So

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 triangle design. According to the complaint...

Troutman Sanders LLP: Jos. A. Bank Faces Class Action Over “Never-Ending” Sale

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 "on sale." The lawsuit claims that the...

Canadian Media Houses Battle Over Fashionable Trade-marks

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 proceeding. ( OK - typing out 1772887 Ontario Limited...

Sheppard Mullin Richter & Hampton LLP: @theForefront: The Celebrity Fashion Tweet

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 website, promises thrilling accessibility to prominent...

The Worth Collection Claims Jeweler Is Unworthy of Trademark’s Use

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 complaint, the defendants (WCPB) also operate a website...

Canada Fashion Law - Mon Dieu: Canada est Bilingue!

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 is a bilingual country. And it can be a PR and...

Cowan, Liebowitz & Latman Announces Seminar on Fashion, Technology and the Internet

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 13, 2013 from 8:00 a.m. to 10:30 a.m. at the Harvard...

Chatting with Porter Airlines’ Supervisor of Uniforms

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 , we had to share her story. Laura gives insight...