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Intellectual Property Protection Copyright Infringement Fashion Industry

Farella Braun + Martel LLP

To Catch A Fashion Thief: Trend Chasing or IP Infringement?

Fighting knock-offs in the fashion industry is notoriously difficult. Copyright, trademark, and trade dress laws offer some protection for branding and marketing materials used to sell fashion products, as well as for...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

Clark Hill PLC

IP Theft, Data Security Breaches and RICO Claims, Oh My! Is E-Commerce Titan Shein the Fashion Industry’s TikTok?

Clark Hill PLC on

Although you may have never heard of Shein, your children definitely have. Shein is one of the largest fashion companies in the world. After popping onto the e-commerce scene in 2008, it has sky-rocketed into a $100 billion...more

Clark Hill PLC

When is a Garment Design Copyrightable?

Clark Hill PLC on

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

Foster Garvey PC

Sports & Entertainment Spotlight: Why the risks of holding the Tokyo Summer Olympic Game remain high, and how PGA Tour golfer...

Foster Garvey PC on

Strange as it may be, with vast majority of the world still reeling from the COVID-19 pandemic, we are on the eve of the opening ceremony for the “2020” Tokyo Summer Olympics. Olympic games in “normal” times are logistical...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

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

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 19

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Best Best & Krieger LLP

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

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

Knobbe Martens

Catching Counterfeits: Customs Recordation and IP Enforcement

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U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

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