News & Analysis as of

Intellectual Property Protection Trademark Litigation Fashion Industry

Proskauer Rose LLP

Three Point Shot - August 2025

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Nike and Sneaker Customizer Lace Up a Settlement - On June 18, 2025, Nike, Inc. (“Nike”) and Dominic Ciambrone (“Ciambrone”), founder of the shoe customization outfit, The Shoe Surgeon, entered into a confidential...more

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

Seyfarth Shaw LLP

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

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If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more

Seyfarth Shaw LLP

UGG(H), My Business Needs to Change its Name –A Cautionary Tale for International Trademark Strategy

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A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the...more

K&L Gates LLP

You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer

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In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No...more

Jones Day

No-Go on the Logo: Jury Finds in Favor of Penn State on Willful Trademark Infringement Claims

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On November 19, 2024, a jury found that online retailer Vintage Brand LLC and its manufacturer Sportswear Inc. infringed the Pennsylvania State University's ("Penn State") trademarks in connection with the sale of merchandise...more

Katten Muchin Rosenman LLP

Always in Style: Key Considerations in Buying and Selling Fashion Brands - Katten Kattwalk | Issue 28

While interest in buying and selling fashion brands and their associated business lines is constant, structuring and negotiating these opportunities is uniquely challenging. Here, we present key initial considerations for...more

Kohrman Jackson & Krantz LLP

Trademark Battle: Nike Sues Former Collaborator Over Custom Sneaker Designs

Nike recently filed suit in Federal Court in the Southern District of New York claiming trademark infringement and unfair competition by its former licensee, S2, Inc., owned by a popular shoe customizer named Dominic...more

Smart & Biggar

Interlocutory injunctions: powerful tools for trademark owners in Canada

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A recent Canadian decision illustrates how powerful interlocutory injunctions can be for trademark owners involved in trademark infringement litigation in Canada. On January 2, 2024, in Amer Sports Canada Inc v Adidas Canada...more

Katten Muchin Rosenman LLP

Street Artists Allege Nonconsensual Use of Their Works by Two Major Fashion Retailers - Kattison Avenue/Katten Kattwalk | Issue 3

We continue to monitor lawsuits that lie at the intersection of street art, fashion and advertising. Previous issues of Kattison Avenue and Katten Kattwalk have covered the risks that generally come with using street art on...more

Katten Muchin Rosenman LLP

Congress Mimics Existing Right of Publicity Laws, Expands Upon Them With Proposed NO FAKES Act - Kattison Avenue/Katten Kattwalk |...

The draft bill, circulated with bipartisan Senate support, would codify right of publicity protections for artificial intelligence (AI) creations that replicate any individual, not just those with commercially valuable...more

Katten Muchin Rosenman LLP

Can Significant Sales Be the Fast Track to Trade Dress Protection? - Kattison Avenue/Katten Kattwalk | Issue 3

When a retail brand has a consistent, unique look and seeks enforcement against a too-similar competitor or a brash counterfeiter, trade dress protection under the Lanham Act provides the muscle. But part of what makes trade...more

Katten Muchin Rosenman LLP

Through the Lens: Jarrod Weber, Group President Lifestyle and Chief Brand Officer, Authentic Brands Group LLC - Katten Kattwalk |...

Your interest in brands and fashion dates back well before law school and your time as a Katten associate. Tell us about what led you to Authentic Brands Group and how your role has changed since we last interviewed you in...more

Katten Muchin Rosenman LLP

One Step Ahead: Louboutin's Lawsuit Victories - Katten Kattwalk | Issue 26

In the world of fashion, few things are as iconic as Christian Louboutin's signature red-soled shoes. Since Louboutin painted the sole of a shoe with his assistant's red nail varnish in 1993, the red-bottomed sole has become...more

Katten Muchin Rosenman LLP

Insider View: Colette Stanford, Chief Legal Officer at SPARC Group LLC - Katten Kattwalk | Issue 26

Tell us about your career path from Aeropostale, Inc. to SPARC Group LLC. - When I joined Aeropostale, Inc. (Aeropostale) in February 2007, I would not have imagined that my career would become what it is today. I was the...more

Epstein Becker & Green

Battle of the Brands

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Summer 2023 is heating up to be the Summer of Barbie. Last week Mattel filed a Notice of Opposition against Burberry’s proposed “BRBY” trademark with the Trademark Trial and Appeal Board asserting likelihood of confusion with...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 25

Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...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

Haug Partners LLP

Adidas v. Thom Browne

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The battle between Thom Browne and Adidas over a striped design dates back to 2007. For over 20 years, Thom Browne has been a force in luxury fashion, bringing a unique and distinctive design aesthetic that combines classic...more

Stark & Stark

The Limits of Artistic Expression: A Look Behind How MetaBirkin NFTs Infringed on Hermès’ Famous Trademark and Handbag Trade Dress

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In early 2023, a federal jury found an opportunistic meta-artist infringed on a luxury fashion house’s iconic handbag trademark. Digital artist Mason Rothschild created 100 unique “MetaBirkin” non-fungible tokens (“NFTs”)...more

Bodman

First-of-Its-Kind Lawsuit Pitting Claims of Artistic Expression Involving NFTs Against Trademark Rights Should Have All Mark...

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Regardless of whether your business has any current plans to develop digital goods, including “non-fungible tokens” (NFTs), a recent verdict in a first-of-its-kind case involving trademark rights and digital assets should...more

Shutts & Bowen LLP

Case Update: Hermès Prevails in MetaBirkins Lawsuit; Jury Rejects Rothschild’s First Amendment Defense

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Luxury fashion brand Hermès sued Mason Rothschild in January 2022 alleging that the digital images underlying the non-fungible tokens (“NFTs”) produced and sold by Rothschild depicting faux fur-covered Birkin handbags – the...more

Jones Day

"MetaBirkins" Bagged: NFT Creator Found Liable for Trademark Infringement

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In a closely watched trademark infringement case involving non-fungible tokens ("NFTs"), a jury found that the sale of digital images of Hermès's Birkin bags as NFTs infringed and diluted Hermès's trademarks....more

Polsinelli

Jury Sides with Hermès in Pivotal NFT Trademark Case

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On February 8, 2023, a federal jury awarded Hermès International and Hermès of Paris, Inc. (“Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens...more

Hogan Lovells

“MetaBirkins” are not workin’ - Hermès wins jury trial in NFT trademark infringement brawl

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Luxury goods titan Hermès has been handed a major victory in its pioneering lawsuit involving trademark infringement through non-fungible tokens (“NFTs”). A federal jury in Manhattan recently found that an artist’s NFT...more

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