« Entertainment Law
[29 Nov 2011 | Comments Off on Ultimate Fight for Expression]
Ultimate Fight for Expression

The usual expression of Ultimate Fighting is tight fitting Affliction t-shirts worn by huge brawny athletes (plentiful at Jersey Shore). Recently Ultimate Fighting Champions (UFC) has entered the ring with New York state. UFC  is suing to overturn New York’s ban on live bouts, saying the 1997 law runs roughshod over its freedom of expression, a novel argument that likens MMA (mix martial arts) to live ballet, music or theater.
“This is the first time to my knowledge that a professional athlete is claiming a First Amendment right to communicate with …

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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 Charity for Pets – PSCPA

1st Annual Pet Support Phashion Charity Show benefiting the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA) took place on Friday, November 18 and IT WAS FANTASTIC. At the front of the disco light runway were hosts Mike Jerrick  of Good Day Philadelphia and Kharisma McIwaine of CW11, they announced fashion designers for feline, canine and human models! I have never seen such intricate detail on such petite furry models until this fashion event. In addition to live music performed by Joanna Pacitti and Taragirl plus great food …

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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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« Entertainment Law
[5 Oct 2011 | No Comment]
Pimp My Trademark with Swag Infringement

Usually products have promotional vehicles to publicize their brand, (i.e.Red Bull car) however there is a craze in the hip hop culture of automobile branding. I came across this craze through a discussion in an automobile forum and someone asked whether it was illegal to paint your car with a trademark on it. The federal law that protects trademarks, Lanham Act, states that these hip hop cars could be infringing on the trademarks when they “use the mark in commerce in connection with the sale, offering for sale, distribution or …

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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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