Posts Tagged: "fashion"

Complaint Alleges Balenciaga Copied Design of Affordable NYC Souvenirs for Luxury Knockoffs

A New York City-based souvenir and apparel firm City Merchandise filed a complaint alleging claims of copyright infringement against the American subsidiary of French luxury fashion house Balenciaga in the Southern District of New York. Unlike many other copyright suits, which typically involve infringement claims made by a high-end fashion designer against a competitor offering cheap knockoff products, the allegedly infringing products in this case are sold for thousands of dollars more than the original articles marketed by the plaintiff.

Top 5 reasons why counterfeit goods are getting harder to spot

Counterfeiting can sometimes be seen as a victimless crime where the only ones losing out are the super-rich corporations whose products are being copied. This is simply not true… A big reason for the increase in fake goods is that quite simply, that they are getting harder and harder to spot, both by consumers and also by the authorities.

Burberry Sues Target Over Sale of Fashion Products Using Burberry Check Design

British luxury fashion brand Burberry filed a complaint alleging trademark infringement and dilution against American retailer Target Corporation in the Southern District of New York. At issue in the case is the sale of scarves and other fashion items in Target stores which include a pattern closely resembling the iconic Burberry check trademark.

Indie Innovators Still Exist, Barely

Maybe I and none of my generation will make it into the USPTO Hall of Fame because none of us will have valid patents, valid inventions. Maybe none of my generation will thus be independent inventors. Maybe the Independent Inventor career is over… I just want you to know that you’d be killing the future because I won’t invent in the US anymore if my current patents are issued and subsequently invalidated and those 10,000+ iterations are not similarly invalidated. But that isn’t how the Patent Office works, they only invalidate the patents of some under the guise of enhancing patent quality. What that means is the patents of those who threaten the status quo are challenged while patents of market leaders are left intact.

The Intersection of Fashion, Virtual Reality and the Law

Virtual reality and augmented reality are catching on, and the fashion industry has taken notice. Many of today’s fashion brands are seeing their work being used in this disruptive technology. But, this has caused trademark issues for both fashion companies that want to protect their brands and fashion technology companies that want to bring those brands into the virtual reality world. Moira Lion and Jeff Greene, with the Intellectual Property Group at Fenwick & West, recently sat down with IPWatchdog to discuss how to approach VR innovations as they develop brand protection.

Knock-Offs Beware: SCOTUS Makes a Fashion Forward Decision

The ruling has wide implications for both the fashion apparel and home furnishings industry, both of which rely on distinctive, eye-catching designs to sell products. The upshot for clothing and furniture companies is that the Varsity Brands ruling gives product manufacturers an additional tool to combat knock-off designs. With that in mind, manufacturers should review their product line to ensure their copyright-eligible products are protected under this new standard.

Lee Sporn, Former Michael Kors General Counsel, Joins Olshan

Olshan Frome Wolosky LLP recently announced that Lee S. Sporn has joined the firm as Of Counsel in its Intellectual Property Law practice, where he will focus on clients in the luxury goods, fashion and retail industries. Sporn is an internationally renowned intellectual property and corporate lawyer and a leader in the fashion and retail law industry.

A history of the bikini, a beloved innovation in fashion design

The bikini is an invention of fashion design that so rocked the world that it was named for a nuclear event, latching on to a growing zeitgeist inspired by the atomic bomb. So why are we talking about bikini’s? Frequent readers know that for holidays we like to find an appropriate holiday theme that allows us to write about patents, innovation, technology, or intellectual property. When we recently saw the new Carl’s Jr. commercial for the All American Burger, with its over the top American imagery, our minds started racing. How could we use that as a hook for a patent related article? Easy. We return to our evolution series, this time looking at the innovative fashion design icon that is the bikini.

Fashion Law and Business: Brands & Retailers

Fashion law has become as diverse, complex and global as the fashion industry itself. Fashion law can be analogized to entertainment, art or sports law, in that it is circumscribed by the nature of a particular industry, but is comprised of many distinct substantive practice areas of law. One way to describe fashion law is to say that it is the body of law and legal principles that governs the relationships among the various participants in the fashion industry, the relationships between such participants and the consumer, and the relationship between such participants and various governmental entities.

Don’t Copy My Blue Suede Shoes: Copyright Protection for Fashion Designs

The fashion industry claims it loses millions of dollars in revenue every year because of copycats buying one very expensive handbag or shoe or other item, deconstructing it, farming it out (usually to some factory in Asia), and making copies of it to be sold for a fraction of the price. There is now proposed legislation attempting to address and put a dent in the very lucrative knock-off market. Enter the “Innovative Design Protection and Piracy Prevention Act” (S.3728), courtesy of Senator Chuck Schumer (D-NY). Now, imitation is the no longer the sincerest form of flattery, it’s the basis for a lawsuit. Swell. Sen. Schumer is proposing to amend Chapter 13 of the Copyright Statute- Protection of Original Designs. (See the text of his proposed amendment) Fortunately, dear readers, I’m here to make sense of this, or at least give it a hero’s try. It is copyright, after all, and I can only do so much.

Apple Seeks Patents on Travel, Hotel and Fashion Apps

Earlier this week Apple, Inc. had three patent application publish on what most would consider strange, overbroad and/or dubious inventions. The patents largely follow the same formula, the drawings are remarkably similar, and all relate back to provisional patents filed at the end of January 2009. Many will ridicule these patent applications, and given that obviousness is now about common sense thanks to the Supreme Court’s decision in KSR v. Teleflex I think rightly so. I find it hard to believe that there would not be prior art located that dates back to before January 2009 that will present massive difficulties for Apple.