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Fashion Law Blog An Interactive Discussion on the Business of Fashion

Tag Archives: Copyright

Fashionable Friday: Recommended Reading

Posted in Fashionable Friday

Happy Friday the 13th!  As Fashion Week in New York draws to a close, it is striking how many articles question the viability and need for fashion shows.  Others highlight designers making alternative choices to showing.  We also saw a trend in that many designers are offering items for immediate purchase that are being shown… Continue Reading

Fashionable Friday: Recommended Reading

Posted in The Business of Fashion

Hi Everyone.  Can you believe it is already August?  If you are here in LA, you are probably saying yes, Staci and with this wackadoodle weather, it feels like fall!  I hear you….and I think if the weather doesn’t change, I just might take the kids to a movie this weekend — Planes and Turbo are on the… Continue Reading

Lululemon and Calvin Klein’s Settlement Over Yoga Pant Design Patent Stirs Interest In Oft Neglected Design Patent Protection For Clothing

Posted in Fashion Intellectual Property

Guest post by Tom Chan, Esq.   The entire fashion community is talking about Lululemon’s recent design patent infringement suit against Calvin Klein, wherein Lululemon claimed Klein violating its rights in its iconic "cross-over waistband." The recent settlement between Lululemon and Calvin Klein is stirring up renewed interest in design patent protection for apparel brands. Contrary… Continue Reading

Fashion Copyright Bill Dies in Congress

Posted in The Business of Fashion

I hope everyone had a great holiday season and for those of you in the office, are having a smooth transition back. 2012 came to a crazy year end for Congress, and while they may have resolved the income tax portion of the fiscal cliff, they postponed the rest of the open issues until 2013.  We’ll… Continue Reading

Fashion, Food, Football and Finance

Posted in The Business of Fashion

Caught your attention, right?  What in the world does Fashion, Food, Football and Finance have in common?  And why are you reading about it on the Fashion Law Blog? Well, all four industries are thriving, despite having very little intellectual property protection.  They are also covered in Professor Kal Raustiala and Professor Christopher Sprigman’s new… Continue Reading

Louboutin v. YSL: The 2nd Circuit limits Louboutin’s red sole mark

Posted in The Business of Fashion

This morning, the Second Circuit Court of Appeal issued its long awaited decision and it contains something for everyone. To summarize, the Court narrowed Louboutin’s "Red Sole" trademark to: "only those situations where the red lacquered outsole contrasts in color with the adjourning ‘upper’ of the shoe." Once the Court reached this conclusion, it necessarily follows that YSL’s… Continue Reading

Mean Girls: Knock Off Picking On Forever 21

Posted in The Business of Fashion

Why is it that success makes others so jealous?   Working late, a google alert brought my attention to a Businessweek story on Forever 21′s historic opening on Fifth Avenue.  The story was snarky and writer’s apparent disgust of the chain’s success a surprising contrast to the quality articles published by Businessweek. The most shocking quote… Continue Reading

The “Destruction of Affordable Fashion Bill” or IDPPPA gets one step closer to becoming Fashion Law

Posted in Design Piracy Prohibition Act (DPPA), Fashion Intellectual Property, The Business of Fashion

Consumers beware.  The cost of clothing is about to rise.  Reasonably priced fashionable items will be non-existent and affordable clothing will be utilitarian and boring.  Why?  The Innovative Design Protection and Piracy Prevention Act ("IDPPPA") was unanimously approved by the Senate Judiciary Committee yesterday and now moves into the Senate for a full vote. Deceptively… Continue Reading

IDPPPA will not prevent frivolous litigation

Posted in The Business of Fashion

In a position paper published by the California Apparel News on September 24, 1010, Kevin M. Burke President and CEO, American Apparel & Footwear Association ("AAFA") said: The IDPPPA also dramatically curtails the opportunities for the industry to become mired in frivolous lawsuits. Unlike previous attempts at design-piracy legislation, this bill establishes a clear system to both… Continue Reading

F21 Defeats Express: an IDPPPA Preview?

Posted in Fashion Intellectual Property

Anyone in favor of the Innovative Design Protection and Piracy Prevention Act needs to read the recent ruling in Express v. Forever 21.  In that case, Express claimed that Forever 21 infringed on both its copyright in a plaid print and its tradedress in 4 pairs of shorts and a jacket. Express lost, as it… Continue Reading

Why IDPPPA is going to KO the Business of Fashion

Posted in Design Piracy Prohibition Act (DPPA), Fashion Intellectual Property, The Business of Fashion

Apparel manufacturers.  I am worried about the Innovative Design Protection and Piracy Prevention Act ("IDPPPA") and so should you.  Do you know that last week WWD predicted a 10-15% rise in the wholesale price of fashion products for spring 2011? Or home sales are down 27% this year and unemployment remains about 9.5%? Or that cotton costs are up… Continue Reading

West Coast is Not Playing around with Counterfeit Goods!

Posted in Fashion Intellectual Property, The Business of Fashion

by: Cassidy Saitow On Friday, the California Apparel News reported that a major shipment of fake True Religion jeans was discovered in a random search of incoming cargo. Authorities unveiled over 21,000 pairs of jeans that were disguised under Tuff Made USA labels and false metal button covers. Underneath were counterfeit True Religion brand labels and… Continue Reading

Are You Fit To License?

Posted in Licensing

In the past quarter, there has been a tremendous increase in licensing and acquisition activity in the fashion industry.  For example, in June, WWD reported that Jamie Salter of Authentic Brands Group is actively looking to acquired lifestyle brands.  Two weeks ago, Billabong bought RVCA.  Is your Fashion Brand being overlooked?  And if so, why?… Continue Reading

World Cup Counterfeits Scoring Big Or Kicked to the Curb?

Posted in Fashion Intellectual Property, The Business of Fashion

With the World Cup in full swing, street vendors hawking counterfeit products are out in full force. [Video]  Allegedly, the official FIFA suppliers are losing millions of dollars and South Africans are losing jobs because the official products are suppose to be manufactured in South Africa.  According to the Dawn Media Group, South Africa’s Counterfeit… Continue Reading

Johanna Blakley: Lessons from fashion’s free culture

Posted in Design Piracy Prohibition Act (DPPA), Fashion Intellectual Property, The Business of Fashion

I just saw this presentation tonight online that Johanna Blakley gave at the TED conference: Not sure if I embedded it correctly, so you may have to click here for the PDF or click here for it on You Tube.  Johanna oversees USC’s Ready to Share project. Anyone interested in Design Piracy or whether Fashion Should be Copyrighted… Continue Reading

Does the lack of Protection for Fashion Designs Increase Sales of Fashion Counterfeits?

Posted in Design Piracy Prohibition Act (DPPA), Fashion Intellectual Property, The Business of Fashion

To end counterfeit week, I challenge each of you to examine your own attitude towards purchasing counterfeit fashion products, like purses, shoes or watches. Earlier on this blog, guest author Biana Borukhovich, after recognizing views about the passage of the Design Piracy Prohibition Act ("DPPA") differ greatly from coast to coast, suggested that the difference could… Continue Reading

Are Fakes Great?

Posted in Fashion Intellectual Property, The Business of Fashion

The answer is: it depends.  (yes annoying answer, I know, but even a Fashion Lawyer sound like a regular lawyer at times) It is undisputed that counterfeits are illegal.  But no one really knows what economic or social effect fakes have on the U.S. economy.  An MIT study has shown that almost half the buyers of… Continue Reading

Fashion Loves Innovators: Destroying the Myth that Emerging Designers “need” the DPPA

Posted in Design Piracy Prohibition Act (DPPA), The Business of Fashion

Since the dawn of fashion, there have been those that have made a living from creating goods that look like, pay homage to, or are inspired by the original.  In today’s WSJ, Christina Binkley discuss the speed at which copies or "knock-offs" arrive in the marketplace.  Binkley’s explanation of why, is spot-on: The fashion world… Continue Reading