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Copyright › Copyright Litigation › Fashion Design

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Quarles & Brady LLP

German Birkenstock Decision Shows the Limits of Copyright Protection for Functional Designs

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“Aber ist es Kunst?” - That question—“But is it art?”—was before the German Bundesgerichtshof (“BGH”), or Federal Court of Justice, in a recent proceeding involving the well-known Birkenstock sandal design. ...more

Foley Hoag LLP - Making Your Mark

The Top 5 Most Fashionable Intellectual Property Disputes To Walk This Year’s Runways at New York Fashion Week

Foley Hoag LLP - Making Your Mark on

New York Fashion Week (NYFW) officially kicks off today, February 7, 2020, with a week’s worth of captivating runway shows from top designers. The timing, however, could not be worse, since the 92nd Academy Awards is airing...more

Dorsey & Whitney LLP

Textile Design Similarity In The Eye Of The Beholder (The Jury): H&M Found Liable For Copyright Infringement

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On December 7, a federal jury in Los Angeles awarded $846,720 in damages to Unicolors, Inc. in its suit against H&M Hennes & Mauritz, LP for copyright infringement of a textile design. Unicolors, Inc. v. H&M Hennes & Mauritz...more

Best Best & Krieger LLP

Fashion Design Copyright Infringement Victory - BB&K Partner Henry Welles Wins Fashion Industry Clothing IP Case

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A fashion clothing industry copyright infringement appeal was won by Best Best & Krieger LLP Partner Henry Welles, who represented Natural Fashions, Inc., which does business as Anu. The case was originally brought in federal...more

Morrison & Foerster LLP

MoFo IP Newsletter - April 2017

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Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods - On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...more

Miller & Martin PLLC

Be Aggressive, B-E Aggressive – SCOTUS Encourages IP Plaintiffs

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Last week, the U.S. Supreme Court decided two much anticipated intellectual property cases. Supreme Court Rejects Laches in Patent Infringement Cases - The first, SCA Hygiene Products Aktiebolag et al. v. First Quality...more

Fish & Richardson

Hip Hip Hooray! Supreme Court Upholds Copyright Protection for Cheerleader Uniforms

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On March 22, 2017, the Supreme Court, in a 6-2 opinion by Justice Thomas, affirmed the Sixth Circuit’s holding that the two-dimensional graphic designs on Varsity Brands’ cheerleading uniforms are eligible for copyright...more

Dorsey & Whitney LLP

Comic-Con, Costumes, and Copyright Concerns

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Get ready, nerds! This summer’s Comic-Con season is almost upon us and your costume is not going to make itself. But before you squeeze into your tights and cape, do you need to worry about copyright infringement? This blog...more

Foley Hoag LLP - Trademark, Copyright &...

Can I get a C-O-P-Y-R-I-G-H-T? Sixth Circuit Holds Cheerleading Uniform Designs Copyrightable

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When are clothing designs sufficiently severable from the utilitarian aspects of the clothing so that the designs can be protected by copyright? That is a question courts have wrestled with for years, and the Sixth Circuit...more

McDermott Will & Emery

Court Fashions Hybrid Approach to Determining Whether Garment Designs Are Copyrightable - Varsity Brands et al. v. Star Athletica

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Addressing for the first time the question of whether “cheerleading uniforms [are] truly cheerleading uniforms without the stripes, chevrons, zigzags, and color blocks” the U.S. Court of Appeals for the Sixth Circuit answered...more

Polsinelli

"Ready? Okay!": Clothing Design Copyright Affirmed by Sixth Circuit Despite Dissent Stating Industry is "a Mess"

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Recently, the Sixth Circuit Court of Appeals ("Sixth Circuit") in Varsity Brands, Inc. v. Star Athletica, LLC, decided that clothing designs (in this case, a cheerleading uniform) can be protected by copyright under the...more

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