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Fashion Law

Cybersquatting in Gap jeans

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 …

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« Fashion Law, On Location
[7 Nov 2011 | 4 Comments ]
Louis Vuitton and Fame Appeal!

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 …

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Theft of Victoria’s Secret trade dress

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 …

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« Fashion Law
[29 Sep 2011 | No Comment ]
Your butt doesn’t look better after all!

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 …

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« Fashion Law
[15 Jul 2011 | 3 Comments ]
YSL Seeing Red

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 …

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« Fashion Law
[28 Jun 2011 | No Comment ]
Richemont continues the fight against e-commerce counterfeits

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 …

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« Fashion Law
[23 Jun 2011 | No Comment ]
Immigrations and Customs Enforcement intensify investigations of IP theft

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 …

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« Fashion Law
[17 Jun 2011 | No Comment ]
Fashion Law Institute Diary: Event Day 4

McQueen Exhibit Attracts New Audience to Fashion:
“What I do is an artistic expression of that which is channeled through me. Fashion is just the medium.” –Alexander McQueen
I finally visited the “Alexander McQueen: Savage Beauty” costume exhibit at the Metropolitan Museum of Art. It was absolutely breathtaking, focusing on McQueen’s fascinating showmanship and his remarkable techniques.
The exhibit is divided into six themes that are distinctive of Mr. McQueen’s work: the romantic mind, romantic gothic, romantic nationalism, romantic exoticism, romantic primitivism, and romantic naturalism. It features fine tailored smoking jackets, explores the interplay of opposites like …

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« Fashion Law
[13 Jun 2011 | No Comment ]
Third Party Payment Agencies: Beware!

Tory Burch, LLC has been awarded a $164 million judgment against online counterfeiters. In the suit, the fashion label named 41 cybersquatters, primarily of Chinese origin, which it discovered were linked to 232 domain names, including Web sites like “ToryBurchOutletShop.com.” Cybersquatting is registering or using a domain name in bad faith to profit from the goodwill of a trademark belonging to someone else (according to the United States Anticybersquatting Consumer Protection Act).
A New York federal court awarded the firm damages against operators of Web sites selling fake Tory Burch ballet flats and other footwear, handbags and …

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« Fashion Law
[10 Jun 2011 | One Comment ]
Fashion Law Institute Diary: Event Day 3

Today, we took at trip to New York’s Garment District where we visited the CFDA (Council of Fashion Designers of America) Incubator.
The CFDA Incubator program is designed to support the next generation of fashion designers by offering low-cost design studio space, business mentoring, educational seminars, and networking opportunities to the program participants to help grow and sustain the business of the 12 participating tenants over the course of the next two years. The CFDA requires that applicants for the program be somewhat established: applicants must have garnered substantial editorial coverage; have orders …

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