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Fashion Law Blog An Interactive Discussion on the Business of Fashion

Tag Archives: IDPPPA

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

A response to Bloomberg Law’s Interveiw of Professor Scafidi: IDPPPA is better called the Destruciton of Affordable Fashion Act

Posted in The Business of Fashion

I said it before and in response to Bloomberg Law’s interview of Professor Susan Scafidi [Video] I will say it AGAIN: IDPPPA will not prevent improper litigation.  Period. Any argument that the "Heighten Pleading Standard" will prevent improper suits i.e. suits based on a designer’s belief that their design is unique or original, is just nonsense, or… 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

An Open Letter to The Fordham Fashion Law Institute

Posted in The Business of Fashion

Dear Susan: As a fellow fashion lawyer, I applaud what you are doing at Fordham University with the Fashion Law Institute, despite your unfortunate "pink and lavender" comments to New York Magazine, and agree that the fashion industry desperately needs fashion lawyers who have industry insight and knowledge. I have to say, though, that the comments published… 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

Viva Las Vegas

Posted in The Business of Fashion

So for those of you who don’t know, Cassidy and I are in Vegas for Magic, Project, ENK, Pool and all the other shows running concurrently.  I had hoped to get a final post up before leaving LA, but President Obama and his security look down of Century City  cabashed that. So, for now, please… Continue Reading

BREAKING NEWS: New Design Piracy Bill Introduced into Senate

Posted in Design Piracy Prohibition Act (DPPA)

Well, we knew it was coming.  Today, Senator Charles Schumer introduced the Innovative Design Protection and Piracy Prevention Act, or Senate Bill S. 3728 (IDPPPA). While it seems that NY academics, the Council of Fashion Designers of America (CFDA) and the American Apparel and Footwear Association (AAFA) have signed off on this bill, I cannot find any indication that… Continue Reading