The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co. (“Tiffany’s”) and Costco Wholesale Corporation (“Costco”). A three...more
10/22/2020
/ Costco ,
Counterclaims ,
Counterfeiting ,
Fair Use ,
Fashion Industry ,
Generic Marks ,
Remand ,
Summary Judgment ,
Tiffany and Company ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The U.S. Patent and Trademark Office (USPTO) allows for a trademark application to be filed on an “Intent to Use” basis to establish a priority date before the mark is actually “used in commerce.” However, such use in...more
On December 28, 2018, Nirvana LLC filed a lawsuit against designer Marc Jacobs in the Central District of California, alleging copyright and trademark infringement. Nirvana LLC is the legal entity which controls the band...more
3/2/2019
/ Continuous Use Requirement ,
Copyright ,
Copyright Infringement ,
Fashion Branding ,
Fashion Design ,
IP License ,
Merchandising Rights ,
Music Industry ,
Nirvana ,
Trademark Infringement ,
Trademarks
Successful brands from the United States, and particularly those branded by U.S. celebrities, are often received with similar enthusiasm in other parts of the world. Recently, YEEZY shoes designed by Kanye West made their...more
3/5/2018
/ Celebrities ,
China ,
Counterfeiting ,
Fashion Branding ,
First-to-File ,
Intellectual Property Protection ,
Madrid Protocol ,
Trademark Cancellation ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
Music festivals, film festivals, food festivals….festivals are popular venues for entertainment and each festival strives to offer the consumer a unique experience. Of course, at most festivals, clothes must be (or should be)...more
11/8/2017
/ Attorney's Fees ,
Breach of Contract ,
False Association ,
Retailers ,
Sponsorship Agreements ,
Tortious Interference ,
Trademark Licenses ,
Trademark Litigation ,
Trademarks ,
Treble Damages ,
Urban Outfitters
On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more
7/4/2017
/ Accounting ,
Celebrities ,
Copyright ,
Copyright Infringement ,
Damages ,
Exclusive Use ,
Fashion Industry ,
Fraud ,
Injunctive Relief ,
IP License ,
Legal Fees ,
Manufacturers ,
Music Industry ,
Name and Likeness ,
Photographs ,
Popular ,
Retailers ,
Right of Publicity ,
Trademarks
Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark rights can create a topsy-turvy universe....more
Voters in the U.K. recently passed a referendum paving the way for the U.K. to leave the European Union (EU). In response, British Prime Minister David Cameron resigned on Wednesday, July 13, 2016, with Theresa May as his...more
7/15/2016
/ Article 50 Treaty of the EU ,
community ,
Community Designs ,
EU ,
European Patent Office ,
European Union Trade Mark (EUTM) ,
Intellectual Property Protection ,
Patents ,
Referendums ,
Trademark Registration ,
Trademarks ,
Treaty of Lisbon ,
UK Brexit ,
UK Intellectual Property Office (UK IPO) ,
Unified Patent Court ,
Unified Patent System ,
Unitary Patent