FAME APPEAL

Shamballa Jewels has sued online retailers  Bling Jewelry, Ejeweler.com, overstockjeweler.com and its CEO Elena Castenada for falsely designating their goods as celebrity inspired Shamballa Jewels. You might have noticed Shamballa Jewels bracelets , Jay Z wore it at Watch the Throne tour, it is worn by style heavyweights like Karl Lagerfeld, Valentino Garavani, Boris Becker and even Ozzy Osbourne. In the accessory fashion law complaint, shown below, defendants are accused of falsely using the Shamballa mark on counterfeit goods which has caused unfair competition.
There are an onslaught of new jewelry …

Thank you so much for following Fame Appeal legal blog. I appreciate your support as this blawg is nearing its second anniversary next month. Graduating law school and becoming a lawyer has really made 2011 a special year for me. How has 2011 been a special year for you? I have many things in store for 2012 that I am sure you will enjoy. I always love to get to know my readers so keep in touch, follow me via twitter @fameappeal or you can shoot me an e-mail at …

The Victoria’s Secret fashion show aired last night on CBS and as usual it is always a spectacle of physical and artistic perfection. I thought it would be befitting to dedicate this post to legal protection for fashion models both in an agency and freelance.  A fashion model uses his/her appearance and natural chemistry to sell goods or services. Often times Models feel they are getting the short end of the bargain and I thought the following may help out.
1. Things you should pay attention to when signing a modeling …

I can’t tell you how many times I have to remind businesses, young and old, that they must purchase any confusingly similar domains which  bad faith competitors may use to take away their traffic. Known as, cybersquatting, this is a legal violation where someone with bad faith creates a domain in order profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.(wiki) Fashion and …

An evening at Louis Vuitton headquarters in NYC,  Michael Pantalony Esq, protector of Intellectual Property of Louis Vuitton Moet Hennesey Fashion Group (LVMH) stated “If you come close to copying the (Louis Vuitton) Mark you will hear from LV,” keynote speaker @Fordham Fashion Law Institute’s CLE Mr. Pantaloney took current copyright protection to the butchering block.The sheer number of companies that he must sue can easily make an observer forget LVMH’s market strength. On the other hand, it serves as a reminder that LVMH still needs to protect itself. Everyone …

 
Trade dress is the distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace — for example, the shape of a perfume bottle. Trade dress can be protected under trademark law if a showing can be made that the average consumer would likely be confused as to product origin if another product were allowed to appear in similar dress.
Since 2010 Victoria’s Secret has been fighting to protect the trade dress of its Secret Garden body lotion product line. The battle …

The Federal Trade Commission announced a $25 million settlement with Reebok on Wednesday over what it said were unsubstantiated claims about the exercise benefits of its “toning shoes.” (watch the video below) But the issue may not be limited to Reebok. Skechers said in a Securities & Exchange Commission filing last month that the FTC is investigating its advertising and claims about its toning sneakers. Los Angeles attorney Tina Wolfson filed a lawsuit seeking class-action status in January against New Balance, alleging its claims about the toning and calorie-burning potential …

The legal battle over whether YSL infringed on Louboutin’s red sole mark continues. On Wednesday YSL answered Louboutin’s complaint seeking a preliminary injunction. The issue stems from YSL’s red pump with a red sole, which CL argues infringes upon it’s red-sole trademark obtained in 2008. Next Friday’s hearing will determine whether or not stores can continue to sell YSL’s red pump. See original complaint here.
In it’s answer YSL, claims Louboutin can’t show irreparable harm or consumer confusion, which is important in obtaining the injunction. In addition YSL has filed its …

Compagnie Financière Richemont (owner of brands Chloé and Montblanc) filed suit against Tradekey.com. Richemont is alleging Tradekey, a Pakistan based company, knowingly sold counterfeit replicas of the plaintiffs’ products through unauthorized sellers, manufacturers, suppliers and distributors. Tradekey, believed to be one of the largest business-to-business global marketplace e-commerce sites, was founded six years ago, and sells goods in over 240 countries.
Plaintiff claims Tradekey not only helps manage listings by counterfeiters–editing postings and removing the term “replica” from their title, but it also provides search engine optimization services to its members …

Marvin Johnson was sentenced to 30 months in prison and three years of supervised release for trafficking in counterfeit goods. Johnson was also required to forfeit $23,957 in unlawful proceeds seized by officers.
Johnson sold counterfeit luxury apparel and accessories that bore trademarks identical to trademarks used by Coach, Louis Vuitton, Dolce & Gabbana, Prada, Chanel, Gucci, Polo and Nike. Johnson owned and operated a retail store known as “Prestigious Fashions,” and two sales booths, all located in or near Baltimore, Maryland.
Undercover officers purchased counterfeit goods from Johnson who said the …