Members who follow the Fashion Industry Law page ( http://www.lexisnexis.com/Community/copyright-trademarklaw/landing-page.aspx?Item=301 )
would be well advised to delve into this new work. FASHION LAW is a comprehensive survey of the
legal issues of the industry, covering not only US and...
Yet another anti-counterfeiting case,
but this case is especially interesting because, in addition to the trademark
and trade dress claims, there is a true copyright infringement claim based on
Read the complain in Coach. Inc. and Coach Services. Inc., v. Robina
111th CONGRESS 2d Session
S.3728 To amend title 17, United States Code, to extend protection to fashion design, and for other purposes. IN THE SENATE OF THE UNITED STATES August 5, 2010 Mr.
SCHUMER (for himself, Mr. HATCH, Mr. GRAHAM, Mr. WHITEHOUSE, Mrs.
GILLIBRAND, Ms. SNOWE, Mrs. BOXER, Mrs...
By Anthony V. Lupo , Sarah L. Bruno and Amy E. Salomon
On August 5,
2010, US Sen. Charles Schumer, D-NY, introduced S. 3728 , the Innovative Design Protection
and Piracy Prevention Act. If passed, the Act would extend copyright protection
to fashion designs, including many types of men's, women's...
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 transaction assigned IP and publicity rights associated...
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 is suing for false designation of origin...
Friday's Motion to Dismiss and supporting Memorandum of Law puts forth some novel and interesting interpretations of
or download the entire motion from Hermès International v. Thursday Friday, 11 Civ. 580 (S.D.N.Y. Mar. 07, 2011)
For more information...
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.
decision handed out on July 5, 2011, by the European Court of Justice, in case
C-263/09 , is the latest stage of the hard-fought dispute between the Japanese
multinational company Edwin and the well-known Italian fashion designer Elio
Fiorucci, over both the registration and use of the names...
Australian fashion designer Peter Morrissey has
bought back the right to use MORRISSEY as a trade mark, following the
opposition to his trade mark applications for PETER MORRISSEY by M
Webster Holdings Pty Ltd, the company that purchased the trade mark
rights in the MORRISSEY name in 2006.
It might not be melting clocks or dreamy landscapes,
but sometimes, trademark law takes on the quality of a surreal painting (e.g.
the Hangover II/Mike Tyson tattoo case ). Take for instance the
recent intersection of Serta, Oleg Cassini and J.C. Penney. On its face, the
parties appear benign, but...
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 Tyler Baker
Luxury brand titan Louis Vuitton recently achieved a significant victory over counterfeiting of its designer products. In an action brought in the U.S. District Court for the Western District of Texas, Louis Vuitton sued the Eisenhauer Road Flea Market, its owner, Bruce L. Gore, and...
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. It is estimated that intellectual property-intensive...
By Ashlee Froese of Gilbert's LLP
Every Wednesday CanadaFashionLaw religiously reads the Trade-marks Journal issued by the Canadian Trade-marks Office ( what can we say - we love trade-marks !!). Something caught our eye that we thought was worthy of a quick blurb.
It looks like Advance Magazine...
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
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.
Sign in with your...
As fashion week begins in New York, the Court of Appeals for the Second Circuit issued an important ruling [ enhanced version available to lexis.com subscribers ] that may help fashion creators in their efforts to obtain intellectual property protection for fashion design. The appeals court held that...