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Trademark Registration Fashion Industry Trademark Infringement

Dorsey & Whitney LLP

John Wick Targets Jane Wick with Trademark Opposition

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John Wick is a highly successful film franchise starring Keanu Reeves as a hitman who reluctantly emerges from retirement to avenge the killing of his pet beagle (among other offenses committed by a group of not-very-nice...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

Sunstein LLP

Tacking in Trademark Law: Even Big Brands Sometimes Miss the Mark

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Trademark law continues to be the cornerstone of brand identity. One concept that introduces a unique set of challenges in trademark law is “tacking.” Tacking is the ability of a trademark owner to modify their mark without...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

Bodman

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

Bodman on

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

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 23

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

Hogan Lovells

Has Messi opened up a Pandora’s box before the European Courts?

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Messi is victorious not only on the football field, but also before the European Courts: the football player’s reputation creates a conceptual difference between MESSI and MASSI which counteracts the visual and phonetic...more

Hogan Lovells

Shanghai court innovates with punitive damages for trademark infringement: IP owners can aim higher

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The Shanghai Pudong District Court has recently handed down a remarkable judgment, awarding punitive damages equal to 3 times the proven damages to a foreign sportswear company, and fully upheld the company's claim for RMB 3...more

Ballard Spahr LLP

What’s "Kicking" at the ITC – the All Star Sneaker Battle

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One of the biggest trademark cases in 2018 addressed the issue of secondary meaning in product design—specifically, Converse’s rights in its signature Chuck Taylor® All Star® shoe. In Converse v. ITC, the Federal Circuit...more

Ladas & Parry LLP

The Court Of Justice Of The European Union (CJEU) Rules That A Trademark For A Decorative Fabric Is Registrable And Enforceable

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In Textilis v. Svenkst Tenn AB, the European Court of Justice (CJEU) held that the 2015 amendments to the trademark regulation (Article 7(1)(e)(iii) of Regulation No 207/2009), which limited the right for trademark protection...more

Knobbe Martens

Divide and Conquer: How Louis Vuitton's Brand Protection Strategy Might Increase the Opportunities for Brand Owners to Combat...

Knobbe Martens on

On November 7, 2018 Louis Vuitton Malletier, S.A. filed a complaint in the Southern District of New York against i-Fe Apparel, Inc., Yongun Jung, and a number of presently unknown entities and individuals (“Defendants”)....more

Hogan Lovells

Federal Circuit revives Converse’s Chuck Taylor trademark and infringement claims

Hogan Lovells on

In a recent decision that illustrates the relevance of timing in evaluating the question of secondary meaning, the Court of Appeals of the Federal Circuit breathed new life into Converse’s “Chuck Taylor” sneaker design...more

Knobbe Martens

Loves me not: Wholesale Jewelry, Inc. Hit with Infringement of Cartier Trademarks and LOVE Collection Trade Dress

Knobbe Martens on

On July 18, 2018 the well-known luxury goods company, Cartier International AG and Cartier, a division of Richemont North America Inc. (collectively, “Cartier” or “Plaintiffs”) filed suit in the United States District Court...more

Akerman LLP - Marks, Works & Secrets

Hashtag Is Not Enough to Save Another will.i.am Trademark Application

William Adams is a musical performer who is more famously known by his stage name, will.i.am. A recent ruling from the United States Patent and Trademark Office, Trademark Trial and Appeal Board, unfortunately makes him a...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

Knobbe Martens

The Top Hits: Fashion Cases with a Big Impact

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Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

Knobbe Martens

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

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On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more

Knobbe Martens

Court Holds That Fashion Designer Karen Millen Cannot Use Her Name in Connection with Future Clothing Lines

Knobbe Martens on

A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 08

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more

Akerman LLP - Marks, Works & Secrets

North Face Scales Sanyang Applications For Clothing and Services

In The North Face Apparel Corp. v. Sanyang Industry Co., Ltd., Opp. No. 91187593 (September 18, 2015), the Trademark Trial and Appeal Board (“TTAB”) handed The North Face Apparel Corp. (“The North Face”) significant victories...more

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