UGG, owned by Deckers Outdoors, is suing Claire’s, run by CBI Distributing, for patent infringement. You can order a copy of the complaint here. The red boot on the right is real and the left is Fake. The two look so similar and if it was a unique style then F.A. would totally side with Ugg. However F.A. has seen so many knock-off Ugg’s at department stores like Kohls and JcPenny that we believe it is no longer unique.   Do you think the Ugg boot design  has become so common, just like the RayBan Wayfarer design, that it is not worth going to court for?

  • F.A. usually won’t bother with something like Ugg’s Uggs however it decided to simply to include the following:
  1. If you want to walk around with the ass of a sheep on your feet , you can do so, for a lot cheaper by  buying your boots from Claire’s!
  2. If you want to act like your from Orange County back in the Summer of 2006, you can do so for a lot cheaper by  buying your boots from Claire’s!
  3. And one more,…. If you want to ruin your posture, and be another woman (or confused man) with a droopy butt you can do so, for a lot cheaper by  buying your boots from Claire’s!
  • Sorry I just had to get that out of my system..I know that as the creator/writer for F.A. I try to apply what I know as a law student and should be siding with copyright protection, however this time my fashion designer self took over.

Left: Marc Jacobs. Right: Ed hardy being a poser

Leave Marc Jacobs alone Christian Audigier (designer of Ed Hardy). You should stick to trucker hats and the saturated denim market. Marc Jacobs states in his trademark infringement complaint that the “size, shape, color or color combination, product design, texture, and selection and arrangement of materials and accessories” make up its “trade dress” or in other words identifies the bag to consumers. This is vital to the Marc Jacobs label because his trade dress demonstrates to the consumer that what they are buying is an actual Marc Jacobs item.

F.A. completely sides with Marc Jacobs on this one. First of all, Marc Jacobs’ bag has been out in the market longer. If you look at the bags, Mr. Audiger totally copied the proportions of the bag; size is by far one of the most important features of any handbag. Marc Jacobs’ design of taking his name and embroidering it on the bag, in capital letters, is exactly what Mr. Audigier did.

you can order a copy of the complaint here

Every human being has a soul, and today a soul’s body has died

So just because she is married to Jay-Z, and her family runs a succesful clothing line (House of Dereon), doesn’t mean that Beyonce Knowles can get away with ripping off the Chinese manufactuer who makes her clothes.  Vier International is suing House of Dereon, Donna Loren L.L.C., and HJM International shippers for $500,0000 in breach of contract. What makes it even worse is that it is for a conspiracy to breach contract threatening to pay less for the Chinese shipment or else just steal the shipment!!!!

  • F.A. sides with Vier International Limited, because if the Knowles family wants to sell high quality clothing they should know better than using Chinese manufactures (no offense). Last year Donna Loren L.L.C. made $4.3M  and they only have 30 employees!!! I am sure they can afford it! (by they way anyone know if they are hiring?)
  • To the untrained eye these two shoes look different; however, if you look at the sole of the shoe the heart designs are substantially similar. The design patent filed by Brooke Hallow Inc., owner of  Gwyneth Shoes, is suing Antebi Footwear Group LLC, which has partnered with Paris Footwear.
  • F.A. cheers for Gwyneth Shoes on this lawsuit; the pink heart design is unique and placed in an area rarely seen when walking around. Only the owner knows it is there, and when shuffling through the closet to find her perfect pair of shoes, the heart design sets it apart from the hundreds of other pairs.
  • Paris Footwer and Gwenyth shoes will have to duke it out in court. The current legal test, taken from Egyptian Goddess v. Torkiya, asks a jury to look at the design patent and then look at the allegedly infringing device.  If an ordinary observer, upon comparing the two, would believe the accused device copied the design patent then there is an infringement.  Source
  • Quick note to the ladies, shoe companies are rarely independently owned, they are usually groups of shoe companies that make many different styles for specific labels. Which is why when you go to common department stores a lot of  shoes look the same! If you want something different you have to go to boutique stores and pay a hefty price for something truly unique. (totally worth it)


  • About F.A.

    My passion is translating the complexities of legal disputes in the creative industries.

    As Featured in Law School News

    Once a fashion designer, and now a third year law student in the North East. My heart pumps color; while most of my classmates dream about writing for a legal journal, my fingertips caress the keyboard learning about fashion and entertainment. A previous employer of mine told me, “fashion is a mindset and so is law; bridge the two and you can manipulate your way out of anything!”

    Resume requests:
    mishariff@fameappeal.com
    Contact Fame Appeal:
    contact@fameappeal.com
    Note: I am not a lawyer, only a law student!!!
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