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Apr
9
Attack of Online Counterfeiters!
April 9, 2010 | 1 Comment
Gucci America, Balenciaga, Bottega Veneta and Yves Saint Laurent America have teamed up and filed trademark infringement suit against an array of online counterfeit retailers. Commercial litigator Anne Coyle Esq. is the counsel representing a number of fashion houses. Defendants include Bagsmerchant, LLC andwww.BagsDeal.com. Ms. Coyle told me over the phone that this issue was one of the many commercial litigation disputes she had in her caseload. Even though she was busy with work she took the time to discuss her profession with me and encouraged me with my endeavors as a future lawyer. She kindly provided the complaint which located here.
Online shopping has become the bargain rack for many budget shoppers. Shipping costs aside online sample sales like Gilt Groupe have made what I called “.jpeg fitting rooms” all the rave. Likewise the world of counterfeit online shopping has expanded. It is widely known that merchants can set up shop online with little regulation and openly sell knock-offs. However, what I find surprising is the fact that counterfeit retailers offer actual customer service! For example Bag Merchants will allow payment through credit card, western union and even bank transfers! Bags will even include “serial number stamp, dust bag, tag/booklet, locks and keys”
Information on protecting Intellectual Property visit StopFakes.gov
Complaint located here
Apr
6
South Butt & North Face Trademark Infringement
April 6, 2010 | 2 Comments
Founder of South Butt apparel company Jimmy Winklemann
I have waited several months until this legal dispute was over before writing about it. The North Face is a name we all know and trust. High quality, cold-weather, clothing and gear, has been a signature of North Face for many years. Who would have thought that a silly teenager would take such a brand and flip it completely upside down! Well folks, The South Butt is to the fashion world what Wierd Al Yankovic is to the music world.
Story line- In an attempt to help his parents pay for his college tuition Jimmy Winkelmann started a clothing line called The South Butt. The placement of the logo, and color scheme between Winkelmann’s designs and the North Face jackets/sweaters are extremely similar. However the South Butt is not supposed to be used as protection from bone chilling temperatures, instead its only purpose is to assist the clothing wearer in RELAXING.
Lawsuit- In their complaint, North Face claimed trademark infringement of their Denali Jacket, (NF Jacket / SB Jacket) they claimed violation in accordance to the Lanham Act since the South Butt misused the North Face design. North Face also claimed that the South Butt was liable for unfair competition and design infringement. The South Butt, gave a ridiculous answer to the complaint, (if i wrote like this in Legal Writing class I would have completely failed), take the time to look, it’s a great read.
Holding- The two sides settled. Even though the settlement is under wraps, Fame Appeal believes that the lawyers for North Face persuaded the company that it is not worth suing a teenager who simply used South Butt as a parody to make money for college.
You can get your South Butt clothing here
The Complaint filed by North Face here
The Answer filed by South Butt here
Mar
31
Bad Trademark Day for Green Day
March 31, 2010 | Leave a Comment
- Imagine going to a concert of one of the world’s biggest rock bands and seeing a giant reproduction of your art on stage. L.A.-based artist Dereck Seltzer says in a new lawsuit that it happened to him. Dereck Seltzer sues Green Day for copyright infringement and unfair competition. Seltzers alleges that Green Day used his artwork in a music video and he was never asked about it nor was he compensated. He says in a complaint filed in federal court in Los Angeles. “They added the cross, but my artwork was clearly and deliberately used. Even after I complained, they continued to use it, offering me concert tickets in settlement.(Thanks Eriq for the info)Seltzer is seeking up to $30,000, or $150,000
Mar
29
Warner Brothers Needs a Superhero
March 29, 2010 | 1 Comment
Imagine you produce a hit TV show, and it suddenly gets cancelled. You are not worried because other networks want to keep on showing it as reruns and you plan on getting royalties. When networks buy licenses to show TV series, the royalties that come from the many networks get really complicated. The following article does a good job at explaining the “vertical integration” concept. (relax its not a math term)
Smallville” just became the latest battleground in the war over vertical integration in Hollywood.
Creators/executive producers Miles Millar and Alfred Gough and series co-producer Tollin/Robbins Prods. on Friday sued Warner Bros. TV, the studio behind the long-running sci-fi series, and with the CW, the network that recently renewed the show for a 10th season.
Causes of action for breach of contract and breach of fiduciary duty are alleged against Time Warner and its divisions — WBTV, Warner Bros. Domestic TV Distribution, the now-defunct WB network, where the show started — and the CW, a co-venture with CBS. The complaint says WBTV made license fee deals with the WB and then the CW that “were not arms-length.” The complaint does not specify damages but, given the allegations and the longevity of the series, they could total in the tens of millions of dollars.
Mar
29
VX Fashion Show
March 29, 2010 | 1 Comment
- While waiting in the line for the doors to open, models would kindly take pictures with the attendees and chat with makeup artists.VX Fashion is a promising upstart by Melissa McLean and Carisha Zenitta, editor of Runwayink.com . The evening was extremely lively, the crowd was VERY ENERGETIC, sometimes the runway models would let off some steam by strutting with a little too much swagger! (not my words!) Anyway I found that for this upcoming season, eyewear matching your ensemble is a definite MUST. Surprisingly, I did not see many stripes, instead I saw more solid yellow ( via Lady GaGa, Telephone music video) and floral prints!
- I was able to talk about Fame Appeal with two designers Anthony Eastwick and Doris Jones. Doris Jones was so relieved to hear that there is a growing sector of fashion-minded lawyers ready to serve the needs of the fashion industry. As the night began I had to watch the show seated behind the VIP row ( unfortunately fameappeal has not reached VIP status yet) Anyway, I sat with two design-students from Philadelphia. Once we talked about FameAppeal they told me that that they had recently been ripped off in a manufacturing deal that had gone sour. In addition I met a woman who told me that the modeling agency that her daughter is contracted with has taken $2000 in agency fees however has not returned any phone calls nor assisted her daughter with photoshoots! In both cases, the clientele had no idea what their contracts meant and felt tied down by a contract which did not serve their needs. However, VX Fashion offered them a night of style, seemless makeup and time to mingle with aspriring prfessionals in the Fashion Industry.