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Trademarks › Fashion Industry

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
K&L Gates LLP

Karen Walker Has a Runaway Win Before the Trade Marks Office

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In a recent decision of the Australian Trade Marks Office, Karen Walker Limited successfully opposed the registration of the mark ‘Runaway the Label‘ for clothing, footwear and headgear (class 25) and online retail services...more

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

Farella Braun + Martel LLP

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

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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

Hogan Lovells

Iconix v Dream Pairs: post sale confusion is enough for UK trade mark infringement

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The UK Supreme Court has allowed Dream Pairs’ appeal against the decision of the Court of Appeal and confirmed that post-sale confusion alone is sufficient for UK trade mark infringement to be established because damage to...more

Fish & Richardson

Trademark Application for French “Clothing” Unravels at the Federal Circuit

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The Court of Appeals for the Federal Circuit recently affirmed a denial by the U.S. Trademark Trial and Appeal Board (TTAB) of an application filed by fashion house Vetements Group AG for VETEMENTS for various articles of...more

ArentFox Schiff

EUIPO Rejects Thom Browne’s Four-Stripe Design Mark as Decorative, Not Distinctive

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The European Union (EU) Intellectual Property Office (EUIPO) has refused to register Thom Browne’s position trademark consisting of four horizontal white stripes placed on the upper left sleeve of garments....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

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

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

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

Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 1: Protect Unique Packaging in the...

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New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more....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

Davidoff Hutcher & Citron LLP

My Fashion (Legal) Odyssey: Part 3 Race and Fashion - The Emergence of the Urban Brands

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The year is 1987. My stint as General Counsel of Sergio Valente has come to an end after the break-up of its partners. I returned to private practice. I’ve worked for the last thirty-three years at Davidoff Hutcher & Citron...more

Venable LLP

Lessons Gleaned from the MetaBirkin Case on Appeal - Trademark Use Versus Artistic Expression Regarding NFTs

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The U.S. Court of Appeals for the Second Circuit recently heard oral argument in an appeal from a jury verdict that found in favor of Plaintiffs Hermès International and Hermès of Paris, Inc. ("Hermès") against Mason...more

Davidoff Hutcher & Citron LLP

My Fashion (Legal) Odyssey: Part 2 7th Avenue in the '80s, Fashion Would Never Be The Same

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The year is 1983. There is no internet. There are no cellphones. The buildings in the garment center are filled with fashion companies owned by the people who built them, and not by brand-owner companies that only license...more

Katten Muchin Rosenman LLP

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

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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

Katten Muchin Rosenman LLP

Going for the Gold - Katten Kattwalk | Issue 28

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France joined other EU countries in an effort to seize vast quantities of counterfeit merchandise this year, with many items related to the Paris 2024 Olympic and Paralympic Games....more

Foley & Lardner LLP

Gold Medal Intellectual Property: Copyrights and Trademarks at the Olympics

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With around 3 billion people tuning in to each Olympic Games, and Paralympic Games viewership on the rise, the Olympics are some of the most widely watched televised events in the world. Athletes are not the only focus of...more

Kohrman Jackson & Krantz LLP

Trademark Battle: Nike Sues Former Collaborator Over Custom Sneaker Designs

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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

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #4

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The breach of contract trial against a woman claiming to be Jerry Jones’ daughter is scheduled to start next Monday, and the Cowboys owner is expected to testify on the witness stand....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #3

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Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...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

Foley & Lardner LLP

The Laws of Fashion: What's Trending in 2024

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As we make further strides into 2024, the fashion, apparel & beauty landscape continues its dynamic evolution, marked by opportunities and challenges. Consumer preferences, technological breakthroughs, geopolitical shifts,...more

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