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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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« 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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« 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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« Fashion Law
[8 May 2012 | 2 Comments ]
Pamela Love vs. Urban Outfitters: Copyright Infringement by Free People

Famous jewelry designer, Pamela Love has had her pieces featured in Vogue and Elle magazine. But to her surprise Urban Outfitters has also been featuring her jewelry! Yep good ‘ol Urban Outfitters has been “inspired” by what we fashion lawyers like to call the “L’infringement.” Good thing for Pamela Love, she registered the two pieces at dispute ( a Small Bear Ring and a Ridged Cuff Bracelet) with the Federal government. ( contact me if you have questions)
Urban Outfitters and its subsidiary Free People were infatuated with Pamela Love’s jewelry …

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Tumblr sued by Perfect 10 for copyright infringment

The implications of this lawsuit could send shock waves to Pinterest, Flickr and other image hosting sites. Perfect 10, an adult entertainment company ( not worth visiting), alleges that Tumblr failed to respond to repeated requests for takedowns of their copyrighted photographs. In addition Perfect 10 states that “Tumblr employees have posted infringing content to Tumblr’s servers to help start the business.”
In addition to pornographic material Tumblr is full of photo’s that are copyright protected. Remember that the right to reproduce copyright protected work must be given by the copyright …

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« Fashion Law
[19 Mar 2012 | 5 Comments ]
Herve Leger Sues Stretta in Trade Dress Lawsuit

Trade dress infringement getting on BCBG’s last HERVE. ( Herve Leger that is) Talk about messing with a bigwig, Stretta Moda, a clothing line sold through various retailers, Revolve and Devine just to name a few,  has been manufacturing precisely the same style Trade dress as originally manufactured by Herve Leger Bandage Dress.  Since, the early 90′s Herve Leger (now owned by BCBG MaxAzria) has continuously featured their unique Trade Dress known as the “Bandage Dress” in their seasonal fashion shows (worn by many celebs singer Cassie is featured to …

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« Fashion Law
[17 Jan 2012 | 7 Comments ]
Shamballa Jewels fights to stop Trademark infringement

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 …

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Top Ten posts of 2011

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 …

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Fashion Models Legal Protection – Modeling Law

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 …

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