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Fashion Law Blog An Interactive Discussion on the Business of Fashion

Tag Archives: Trademark

Fashion Law 101: Using Your Name as a Trademark

Posted in Fashion Intellectual Property

This guest post is authored by Lindette Hassan.  Lindette is an Associate in Fox’s Intellectual Property Practice.  She can be reached at lhassan@foxrothschild.com or 610.397.6518. ____________________________________________________________________________ In fashion, designers strive to put their individual stamp on their designs. This ambition extends to the choosing a brand name for a store or fashion line, sometimes by… Continue Reading

Fashion Law 101: Creating a “Strong” Trademark

Posted in The Business of Fashion

Guest post by: Lindette Hassan, Esq.   When creating a fashion line, it is important to be just as original and creative with the name as it is to be with the clothing.  From an intellectual property perspective, the strongest names or trademarks get the most protection, and when deciding on a mark, creativity and… 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

Redalert: Louboutin v. YSL Dimissed

Posted in Fashion Intellectual Property

Hi Y’all! Well, YSL and Louboutin are in the news again. Just in case you missed it, here is what happened: Harley Lewin appeared on Bloomberg Law with Spencer Mazyck [see video below]. During the interview, Lewin claimed victory and predicted YSL and Louboutin would settle the action. His prediction came true, because today, YSL… 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

Jessica Stealson or Smartson? You decide.

Posted in The Business of Fashion

Fashion mogul and celebrity judge on Fashion Star, Jessica Simpson, shocked the fashion community once again.   This time, Jess ran an ad in ELLE magazine for her shoe line that pictured Jess wearing fuchsia strappy sandals with tangerine pipping, a black suede insole and a lavender heel and buckle, called "Evangela."   The ad was also blasted to… Continue Reading

Fashion Law 101: Sensory Trademarks

Posted in Fashion Intellectual Property

Fashion is all about appealing to the senses of your customer.  A color that is visually attractive to one may not be to another – that’s why most companies offer designs in array of colors or patterns. But, sight is only one of the human senses.  Don’t forget that as humans, we have multiple senses and your brand should strive… Continue Reading

Three Reasons Why Christian Louboutin (rightfully) Loses Battle Against YSL

Posted in The Business of Fashion

Hi everyone.  Thank you for all the feedback on the CBS segment.  Your support has been overwhelming and super encouraging.  Now, let’s turn to the question on everyones mind: why did Louboutin lose when his red lacquered sole is so distinctive and clearly has secondary meaning (which is a legal term meaning consumers see the red… Continue Reading

Christian Louboutin (rightfully) Loses Battle Against YSL

Posted in The Business of Fashion

My esteemed Fashion Law Colleague, Susan Scafidi, and I were both featured on CBS’s the Early Show commenting on U.S. District Judge Victor Marrero’s denial of Christian Louboutin’s request for a Preliminary Injunction to stop Yves Saint Laurent  from selling red shoes, claiming YSL’s shoes infringe on Louboutin’s trademarked red sole. As seems to be our… 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

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

Shore Looks Like Jersey is in Fashion

Posted in The Business of Fashion

Post contributed by Jaysen Chung, Summer Associate       The United States Soccer Federation (USSF) is sure to be elated with the US soccer team beating Algeria in the 91st minute this past Wednesday to win its group and move on to the round of 16.   The USSF, however, has other things to worry… Continue Reading

The “Jedi” guide to creating an anti-counterfeiting plan

Posted in Fashion Intellectual Property, The Business of Fashion

We are well into this weeks series on counterfeits and the fashion industry.  You understand that fashion counterfeits are harmful – socially and to your business — and you need to fight them.  You have also taken preliminary steps such as registered your marks, done your homework on your contractors and supply chain and made… 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

Video Clips From The Design Piracy Prohibition Act (DPPA) Panel

Posted in Design Piracy Prohibition Act (DPPA)

On Tuesday, April 20th, the California Fashion Association hosted a presentation and panel discussion on the Design Piracy Prohibition Act (DPPA), as part of the ‘Market Tuesday’ series for the California Market Center.  I was honored to have been asked to speak, and I am working on posting some video clips.  I am still having… Continue Reading