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« Fashion Law, On Location
[7 Jun 2011 | No Comment ]
Fashion Law Institute Diary: Event Day 2

Today, designer Sigrid Olsen stopped by to speak to our class about her experience in the fashion industry. Olsen’s background as an artist andin textile design led her to the clothing business. She gained a following but, against the advice of her attorney, signed a contract with Liz Claiborne Inc., which purchased the brand from Olsen and her investors.
While there were good times, Claiborne Inc. eventually told Olsen her brand was losing customers and money and that Olsen’s line and stores would be closed. Because Liz still owns the trademark for …

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« Fashion Law
[1 Jun 2011 | One Comment ]
Fashion Law Institute Diary: Event Day 1

 
Today marked the start of the Fashion Law Institute Summer Intensive Program. I met some fantastic people from all over the world who all share a passion for fashion and the law! It was amazing to see the diversity around the classroom–design students, law students, attorneys, and industry professionals all wanting to learn more about the relationship between law and fashion.
Once class began, I got the syllabus. While there is considerable debate about intellectual property issues that arise in the industry (trademark, copyright, patent), I’m glad the class will also …

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« Fashion Law
[31 May 2011 | No Comment ]
Yves Saint Laurent and Christian Louboutin Squaring Off!

 
The latest fashion controversy has both Yves Saint Laurent and Christian Louboutin seeing red. Literally. After allegations of copying were claimed by Christian Louboutin, Yves Saint Laurent responded with a $1 million lawsuit.
So who’s the real McCoy and who’s the copy cat? Christian Louboutin claims that their red-soled shoes were created in 1992 with the desire to create energy on the sole, while Yves Saint Laurent argues that red has been used throughout history, and there’s no proper way to trademark a color.
Sorry, Christian Louboutin, we don’t agree with you …

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« Fashion Law
[3 May 2011 | 3 Comments ]
Google & eBay – is Facebook Next? Failure to Police Counterfeit Sellers

Sites claiming to have “genuine” designer goods, including Christian Louboutin shoes, Louis Vuitton hand bags, and Nike Jordan sneakers create profiles on Facebook to push counterfeit goods. These advertisements on a social networking site are not only annoying, but could potentially cause confusion– it’s easy to think something is legitimate when it uses a high-end brand’s name, logo, and shows up in a search.
If its illegal, WHY is Facebook allowing it?
Although Facebook may not be liable for infringing upon trademarks, they may be obligated to remove such profiles once brand owners complain that their rights have been violated. According to …

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« Fashion Law, Headline
[11 Apr 2011 | One Comment ]
Christian Louboutin sues Yves Saint Laurent

RED BOTTOMS!!!
Christian Louboutin recently filed suit (copy of complaint below) in federal court in Manhattan against Yves Saint Laurent over their use of red soled heels. Louboutin, claims Yves Saint Laurent is selling shoes with red soles that are “virtually identical” to its own. Louboutin is seeking an injunction against the sale of the shoes and damages of at least $1 million.
Most people know when they see a flash of red when a woman walks its a Louboutin shoe. Christian Louboutin’s red-soled shoes have been seen everywhere- from red carpets …

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« Fashion Law
[6 Apr 2011 | No Comment ]
InFAME-ous infringement

A series  of stores named FAME New York has infringed on True Religion Jeans, (subsidiary of GURU jeans) MEK denim and Miss Me Jeans (a subsidiary of Sweet People Inc.) The heavily embroidered clothing companies filed suit against Defendant FAME NY operated by Mr. Sung Kwon Lee, who allegedly bases his counterfeit operations out of Englewood, New Jersey. Mr. Lee did not stop in NY he has incorporated FAME stores throughout the country as seen in the map below in order to expand his business.  You can read the complaint …

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« Fashion Law
[22 Mar 2011 | One Comment ]
Do these Jeans make my mark look big?

On March 10th Levi’s filed suit against Quiksilver (complaint below) on the basis of its allegedly infringing mark. Look at the corresponding diagram…Is that mark substantially similar? If so, should using a  small red tab on the right rear pocket be thrown out of fashion houses all together? Some history between the two denim manufacturers: In 2000, Levi’s and Quicksilver reached a settlement whereby Quiksilver would abstain from the use of tabs on their jeans which looked substantially similar to that of Levi’s. In 2005, Quiksilver persisted to sell jeans that included …

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« Fashion Law
[15 Mar 2011 | 2 Comments ]
Nordstrom caught shoplifting a patent!

Patent lawyer Erik B. Cherdak Esq. is not the kind of guy you want to step on, especially with the shoes that he designed! He patented a light up mechanism for sneakers, the center part of the flower lights up as the person walks. (Sneaker shown above). Nordstrom stores have been distributing these sneakers through its sale of Kenneth Cole Chorus Mine shoes without getting a license from Mr. Cherdak.
This is not the first time Cherdak has caught Nordstrom shoplifting his patent. In two previous cases regarding Puma and Geox …

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« Fashion Law
[28 Feb 2011 | One Comment ]
Avon silky smooth trademark rub down

Avon cosmetics seeks a Declaratory Judgment in its trademark dispute against Pacific Specialty Oils (PSO). A Declaratory Judgment is a decision made by a judge that decides the rights and duties in a legal dispute. The judge does not usually order either party to do any action like pay fines or return property.
The dispute began on Dec 28th 2010 when Avon received a cease and desist letter from PSO stating that Avon’s skin moisturizer Anew Ultimate Gold Emulsion infringed on the trade mark of PSO’s moisturizer HTY GOLD. Their gripe …

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« Fashion Law
[9 Feb 2011 | One Comment ]
Bikini Battle: the Distinctive Derrière Test

This is hilarious. Simply hilarious. There are two companies involved with this issue. Maya Swimwear CORP (mayaswimwear.com) is owned by Argentinian designer Carolina Dinardi. Maya Swimwear LLC (buymaya.com) is managed by Todd Ford Esq and David McKinney Esq.  Dinardi claims trademark infringement, violation of Lanham Act. She states that her Argentinian bikinis are distinctive because (1) they have an Argentinian cut in the derrière and (2) they are not as conservative as American bikinis. (Ladies and Gentlemen, only in a legal complaint will you find the words “conservative” and “bikini” in the same …

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