News & Analysis as of

Copyright Infringement Fashion Industry Fashion Branding

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

Fenwick & West LLP

As AI Colors Fashion, Copyright Remains a Gray Area

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A U.S. federal appeals court recently ruled that works generated solely by artificial intelligence are not eligible for copyright protection. ...more

Quarles & Brady LLP

German Birkenstock Decision Shows the Limits of Copyright Protection for Functional Designs

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“Aber ist es Kunst?” - That question—“But is it art?”—was before the German Bundesgerichtshof (“BGH”), or Federal Court of Justice, in a recent proceeding involving the well-known Birkenstock sandal design. ...more

BakerHostetler

AD-ttorneys@law - January 2023 #2

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Introducing Our Secret Plan to Fight Inflation - It’s simple: Don’t fall afoul of the FTC - ’Twas Ever Thus - Every year, like the swallows returning to Capistrano, the Perseid meteor shower, or a Real Housewives...more

K&L Gates LLP

Fashion Law Update - May 2021 Edition

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In this edition of Fashion Law, we have a huge selection of articles from around the world. As many countries ease into a new way of living with/post COVID-19, the way we do business has changed. Some businesses managed...more

Foley Hoag LLP - Making Your Mark

The Top 5 Most Fashionable Intellectual Property Disputes To Walk This Year’s Runways at New York Fashion Week

New York Fashion Week (NYFW) officially kicks off today, February 7, 2020, with a week’s worth of captivating runway shows from top designers. The timing, however, could not be worse, since the 92nd Academy Awards is airing...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 19

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

Dorsey & Whitney LLP

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

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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

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

Bennett Jones LLP

A Trend for Retailers to Avoid – Copyright Infringement Lawsuits Over Clothing

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Textile Copyright Infringement Claims on the Rise - Katy Perry received a lot of attention for the dress she wore to the Met Ball this year, and not all of it was welcome. A Brooklyn artist thought that the dress was an...more

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