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Trade Dress › Design Patent › Copyright Infringement

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

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Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

Fox Rothschild LLP

Intellectual Property Tools for Protecting Fashion Goods

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Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Below are three possible situations in which you can use intellectual...more

McDermott Will & Schulte

Chalk One Up to the Knock-Off

McDermott Will & Schulte on

Addressing issues of design patent infringement, copyright infringement, trade dress infringement and unfair competition, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment...more

Knobbe Martens

Pencil Shaped Chalk Holder Is a Non-Copyrightable Idea

Knobbe Martens on

Lanard Toys Limited v. Dolgencorp LLC, Ja-Ru, Inc., and Toys “R” US - Before Lourie, Mayer, and Wallach. Appeal from the District Court for the Middle District of Florida. Summary: A useful article is not copyrightable...more

Dorsey & Whitney LLP

Hey, Batter Batter! – Lizard Skins Goes to Bat over its Grip Tape Designs

Dorsey & Whitney LLP on

It’s finally the start of baseball season: you can almost feel the gentle spring breeze, smell the peanuts and popcorn, and hear the crack of the bat. You may also notice something more colorful, dotted, and perhaps...more

Dorsey & Whitney LLP

“Sleevey Wonders” are “Arm Tight” in California Lawsuit

Dorsey & Whitney LLP on

The women’s hosiery powerhouse, Spanx, is being sued for allegedly copying designs of a small shapewear company (R and A Synergy, LLC, v. Spanx, Inc., (C.D. Cal. 2017)). In the Complaint filed on December 21, 2017 in the...more

Knobbe Martens

Meow- Copycat Fur and Bows - Forever 21 Stares Down Puma

Knobbe Martens on

As discussed in our previous blog post Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision, Puma sued Forever 21 for design patent infringement, trade...more

Knobbe Martens

Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision

Knobbe Martens on

On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due to the influence of music artist, Rihanna as the label’s brand ambassador. In its complaint,...more

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