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Intellectual Property Protection › Fashion Industry › Intellectual Property Litigation

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

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?

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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

Dinsmore & Shohl LLP

Trademark Rights In The Metaverse: Lessons Gleaned From The Hermes MetaBirkin Case

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Consider this scenario: you worked hard for many years and spent thousands of dollars building your brand. You even took the proper precautions and registered your trademark with the U.S. Trademark Office. Thanks to all that...more

Quarles & Brady LLP

Dr. Martens Kicks Infringers to the Curb

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The U.S. District Court for the Northern District of California recently determined that the owner of the iconic Dr. Martens trade dress—a famous design that has been used for more than three decades—was entitled to a...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

Hogan Lovells

CJEU draws the (dotted) line on subject matter in figurative/position marks

Hogan Lovells on

Judgment of 6 June 2019 in Case C-223/18 P Deichmann v EUIPO – Munich - The Court of Justice (CJEU) upholds the General Court (GC) finding that for a figurative mark featuring elements represented using dotted lines (in...more

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