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Copyright Fashion Industry

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.
K&L Gates LLP

EU Designs: Genuine Design Activity and Intellectual Effort are not Required for Protection

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Advocate General Nicholas Emiliou has delivered his opinion in the case Deity Shoes, S.L. v Mundorama Confort, S.L. and another (Case C 323/24). The case considers whether a footwear design made by Deity Shoes, S.L. (Deity...more

Knobbe Martens

German Sandals Follow the Functional Footsteps of U.S. Cheerleader Uniform Shape

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In a recent decision, Germany’s Federal Court of Justice held that Birkenstock’s sandal design was not eligible for copyright protection. The court held that Birkenstock sandals did not display sufficient creativity to be...more

Troutman Pepper Locke

Shoe Dupes Walk a Fine Line After Recent IP Infringement Case

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Dupes of original branded items present significant intellectual property (IP) challenges in the fashion industry. Not all fashion products are entitled to IP protection and perceived similarities between products do not...more

Fenwick & West LLP

As AI Colors Fashion, Copyright Remains a Gray Area

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A U.S. federal appeals court recently ruled that works generated solely by artificial intelligence are not eligible for copyright protection. ...more

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

K&L Gates LLP

Fashion Law Update – February 2025

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In this edition of Fashion Law, we have compiled thought leadership published on our blogs and website throughout 2024—providing an overview of significant legal and regulatory updates in the fashion industry over the past...more

Foley & Lardner LLP

Gold Medal Intellectual Property: Copyrights and Trademarks at the Olympics

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With around 3 billion people tuning in to each Olympic Games, and Paralympic Games viewership on the rise, the Olympics are some of the most widely watched televised events in the world. Athletes are not the only focus of...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #4

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The breach of contract trial against a woman claiming to be Jerry Jones’ daughter is scheduled to start next Monday, and the Cowboys owner is expected to testify on the witness stand....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024

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The National Football League must pay more than $4.7 billion in class-action damages for overcharging subscribers of its “Sunday Ticket” telecasts, a California federal jury said on Thursday....more

Foley & Lardner LLP

Tailoring Compliance Before AI Walks The Runway

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Generative AI tools such as DALL-E 2, Midjourney and Stable Diffusion are increasingly being used to produce static 2D images, and technology from companies like Runway AI Inc., which recently hosted its second annual AI Film...more

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2024

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As we make further strides into 2024, the fashion, apparel & beauty landscape continues its dynamic evolution, marked by opportunities and challenges. Consumer preferences, technological breakthroughs, geopolitical shifts,...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2024 #3

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A federal appeals court on Tuesday overturned the West Virginia law banning transgender girls from playing on girls’ sports teams, finding that it violates Title IX, the federal civil rights law that prohibits sex-based...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2024 #2

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Florida State University is pushing for the dismissal of the Atlantic Coast Conference’s NC lawsuit, saying it was prematurely filed to preempt the university’s own suit against the conference, in an attempt to win a “race to...more

Clark Hill PLC

Establishing a Successful Fashion and Clothing Company

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Establishing a successful clothing company presents numerous unique challenges and legal intricacies. To achieve lasting success, it is crucial to find the right balance between business, legal, and creative considerations....more

Clark Hill PLC

When is a Garment Design Copyrightable?

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Can you copyright that new shoe or hoody design that you believe will change the fashion world forever? Likely yes, but it’s complicated. Clothing and apparel have always been deemed “useful articles” because, by their very...more

BakerHostetler

AD-ttorneys@law - January 2023 #2

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Introducing Our Secret Plan to Fight Inflation - It’s simple: Don’t fall afoul of the FTC - ’Twas Ever Thus - Every year, like the swallows returning to Capistrano, the Perseid meteor shower, or a Real Housewives...more

Pierce Atwood LLP

IP Rights in Virtual Fashion: Lessons Learned in 2022 and Unanswered Questions

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There was a lot of talk and much hype about the “metaverse” in 2022. While some were skeptical and stayed on the sidelines to watch, many companies began offering virtual counterparts to their real-world products for use by...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Fashion Meets Web3 – Protecting Emerging Phygital Fashion Innovations

Web3, the up-and-coming decentralized iteration of the World Wide Web built on the blockchain, presents a unique opportunity for fashion brands to provide consumers with phygital—physical plus digital—experiences. Creating...more

Knobbe Martens

Choosing the Right IP to Protect Fashion Goods

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It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to...more

Katten Muchin Rosenman LLP

Case to Watch: Whose Idea Is 'Ballin?' - Kattison Avenue | Issue 8 - Spring 2022

Apropos of points made in “Do Not Pass ‘Go,’” a graphic designer filed an idea theft suit against Nike, Inc. in the US District Court for the Southern District of Texas. In the March 31 suit, the graphic designer claims Nike...more

BakerHostetler

AD-ttorneys@law - April 2022

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Trade Secret Case Unravels Unequal Fashion Partnership - Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse. The Royal She - In high fashion, creative output is the whole game -...more

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2022

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The fashion industry has certainly seen its fair share of change over the last year given consumer trends, geopolitical & public health issues, innovation in technology and legal developments and we don’t anticipate that...more

K&L Gates LLP

Fashion Law Update - November 2021

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In this edition of Fashion Law, we look at the trends, emerging and evolving, within the retail, luxury goods and fashion sectors post COVID-19 around the world. In this edition, we focus on a few themes which include: ...more

Faegre Drinker Biddle & Reath LLP

SCOTUS to Decide 17 U.S.C. § 411 Referral Questions

In 2016, Unicolors, Inc., sued H&M for selling clothing that infringed a Unicolor design. The group registration that Unicolors relied on included designs that had not been published as of the publication date set forth on...more

Foley & Lardner LLP

Intellectual Property for Fashion and Beauty Consumer Products

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The Competition Problem - Consumer product companies in the 21st century must be nimble and capable of fast execution. Competition has never been so fierce because of the proliferation of the global economy, including...more

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