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Adobe PDFSeeing Red: Recent Developments in the Trademark Functionality Doctrine
Katherine Laatsch Fink; Banner & Witcoff, Ltd.;
Legal Alert/Article
November 26, 2012, previously published on Fall/Winter 2012
As color and aesthetics have become increasingly important to brand identity, those features have been subject to judicial scrutiny regarding their ability to serve as trademarks in the past year. For example, when we see a robin’s-egg blue box, we think Tiffany & Co. (Tiffany). Not...

 

Adobe PDFProducts Liability Verdict Survey: Tommy Hilfiger Jeans
Brian A. Comer; Collins & Lacy, P.C.;
Legal Alert/Article
October 29, 2012, previously published by South Carolina Products Liability Law Blog on October 2012
In my continuing verdict survey of products liability cases, I review a case involving a pair of Tommy Hilfiger jeans that caught on fire when a boy was playing with fireworks.

 

HTMLFashion Designer Louboutin Wins Appeal with Modified Red Sole Mark
Ladas Parry LLP;
Legal Alert/Article
October 15, 2012, previously published on October 2012
Christian Louboutin, the designer whose shoes have graced the feet of many fashion-forward women, won the latest round in the fight over the exclusive right to use red soles for women’s footwear.

 

HTMLPattern Designs on US Navy Uniforms and Fabric Are Non-Functional Protected Trademarks
Geri L. Haight, Susan Neuberger Weller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 13, 2012, previously published on October 9, 2012
A recent TTAB case addresses the issue of functionality and protection of design. In the case In re Navy Exchange Service Command, (“NEXCOM”), the TTAB issued a non-precedential decision on September 29, 2012 in which it reversed the Examining Attorney’s refusal to register four...

 

HTMLGame On!
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
October 2, 2012, previously published on September 26, 2012
As companies are presented with the ever-challenging goal of achieving and maintaining brand recognition, many fashion companies are now attempting to engage consumers in both the real and virtual worlds. Gaming represents one non-traditional avenue that has undergone recent growth, as brands find...

 

HTMLProposed FTC Labeling Regulations Would Impact Manufacturers and Importers of Wearing Apparel
Brian S. Goldstein, Nanette C. Heide, Robert B. Hopkins; Duane Morris LLP;
Legal Alert/Article
October 1, 2012, previously published on September 25, 2012
The Federal Trade Commission (FTC) has proposed amendments to its Rule on Care Labeling of Textile Wearing Apparel and Certain Piece Goods-found at 16 C.F.R. § 423 (the "Care Labeling Rule")-that, if adopted, would impact both manufacturers and importers of textile wearing apparel....

 

HTMLSecond Circuit Digs Its Heels Into Louboutin Dispute; Finds "Red Sole" Trademark Protectable, But Limited in Scope
Tyler E. Baker, Theodore C. Max; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 25, 2012, previously published on September 19, 2012
On September 5, 2012, the United States Court of Appeals for the Second Circuit issued its long-awaited and highly anticipated decision in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., Docket No. 11-3303-cv. The Second Circuit reversed the lower court decision, in part, holding...

 

HTMLS. 3523: Louboutin, Lululemon, and Fashion Design: Finally Getting Some Respect?
Geri L. Haight, Susan Neuberger Weller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 22, 2012, previously published on September 20, 2012
A few weeks ago, the Second Circuit’s ruling in the Louboutin decision made clear that color as a trademark can be protected in the fashion industry. Recently, Lululemon has sued Calvin Klein for design patent infringement over the design of yoga pants. And just before Fashion Week in New...

 

HTMLWill Fashion Designs Finally be Clothed in "Copyright" Protection?
Cory M. Amron, Richard S. Donnell, William H. Oldach, Christopher M. Ott; Vorys, Sater, Seymour and Pease LLP;
Legal Alert/Article
September 17, 2012, previously published on September 13, 2012
After many attempts, it appears that clothing designs may finally gain protection in the United States.

 

Adobe PDFThe Second Circuit Affirms Trademark Protection for Red-Soled Shoes in Christian Louboutin v. Yves Saint Laurent
Alston Bird LLP;
Legal Alert/Article
September 13, 2012, previously published on September 10, 2012
On September 5, 2012, in a case closely followed by trademark pundits and fashion houses alike, the Second Circuit Court of Appeals reversed a district court’s determination that a single color can never function as a trademark in the fashion industry. Christian Louboutin S.A. v. Yves St....

 


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