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
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.
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...
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...
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...
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...
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...
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...
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, 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
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...
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...
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...