[5 Sep 2012 | No Comment ]
Christian Louboutin wins trademark protection. Trademark serial No. 77141789 beats YSL

Christian Louboutin wins trademark protection for his lacquered red sole shoes! Also known as  Serial Number 77141789 in the trademark world. Decided by Judge Jose Cabranes in Manhattan federal court via a 31-page decision, the appellate judge reversed a lower court’s decision and ruled that Louboutin’s signature red soles were a “brand with worldwide recognition” that “qualifies for trademark protection” — except if the shoe itself is red.

Goods and Services
IC 025. US 022 039. G & S: women’s high fashion designer footwear. FIRST USE: 19920000. FIRST USE IN COMMERCE: 19920000

Mark Drawing …

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« Fashion Law
[2 Aug 2012 | 2 Comments]
NAKED trademark Victoria’s Secret v. Urban Decay

A fight in the cosmetic aisle to see if the term “NAKED” should be held exclusively by Urban Decay or can it be used by numerous cosmetic companies to brand their glamor products. Since the introduction of Urban Decay’s Naked Palette, which has been a top seller for two years running, numerous cosmetic companies have tried to cash in on the term “NAKED.” Victoria’s Secret jumped on the NAKED bandwagon with the introduction of their eye makeup kit named “THE NAKEDS.”
Upset that cosmetic giant Victoria’s Secrets has joined the naked …

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« Entertainment Law
[17 Jul 2012 | No Comment]
Photographer’s Copyright double take

Photographer Jay Gorodetzer is a man with a lot of patience. Back in 1996, Jay was hanging out in a fancy restaurant and took a snapshot of two friends Guy Sileo and James Webb hugging each other. A couple months later Webb is murdered and Sileo is accused with the crime. , Jay permits the Philadelphia Inquirer Newspaper to publish his 1996 photograph but it must give him full credit of owning the photo (view the photograph and complaint below).
Jay is such a good photographer that the Inquirer later hires …

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« Fashion Law
[11 Jul 2012 | One Comment]
Fashion Illustrator copyright dispute

Richard Ackourey owns Graphic Styles International, a Pennsylvania based apparel design company. Not only does he design the garments, he is also a fashion illustrator and sketches his designs in style books. The style book at issue is called “Graphic Fashions” and is used across the industry for designers to base their garments off of. So it is safe to say that Ackourey was comfortable when fashion designers used his sketches to make clothing.
But Ackourey was not happy when the apparel store Mevana allegedly reproduced images from the “Graphic Fashions” …

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« Entertainment Law
[2 Jul 2012 | No Comment]
Public performance license: A quick overview

Jennifer Hill owns “Jen’s Bar and Grill,” a simple place where you can get dinner and watch performers get on stage to perform famous country songs. You see places like this all the time, and it seems harmless right? Well, Jennifer Hill can totally allow people to perform copyright protected songs so long as she gets a performance license to do so. This license is permission from the music owners to allow others to perform copyright protected music in the public.
So all Jennifer Hill has to do is contact the …

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« Fashion Law
[25 Jun 2012 | No Comment]
Sin City trademark trouble for Kohl’s

Earlier this month, Sin City Motorsports discovered that Kohl’s was selling lookalike t-shirts through its webstore. Upset that the huge department store had copied the name from their Nevada based biker store Sin City sued in District court of Nevada.  It was interesting to find that in the Complaint Sin City was quick to point out that Kohl’s website had included its infringing mark in their “buried code or metadata to provide a means by which users of the internet can search and access the Kohl’s website and the infringing …

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Why Is The E.U. Being A #CookieMonster?

Companies have had the privilege of personalizing their marketing schemes due to the benefit of cookies. Now, it seems the EU begs to differ and they will begin to regulate the amount of access websites have from cookies.
Found on Wikipedia, a cookie “was designed to be a reliable mechanism for websites to remember things that a browser had done there in the past, which can include having clicked particular buttons, logging in, or having read pages on that site months or years ago.” This means that the person who created …

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« Fashion and Business
[22 May 2012 | No Comment]
Skechers Caught Lying on Shape-Ups

I could have told you this. When I was in the city two years ago, I saw many commercials, advertisements and even a pop-up store for Skecher Shape-Up shoes. They had Kim Kardashian as a spokesperson, and personal opinions about the shoe from Joe Montana and Karl Malone. Skecher’s probably paid Kim Kardashian a lot of money to advertise for a brand that was cool in the 90s. Now, the the Federal Trade Commission has found that all these claims were not true. However, I have to give a lot …

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