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|Second Circuit Rules That a Single Color Can Be a Trademark in the Fashion Industry|
Loeb Loeb LLP;
September 12, 2012, previously published on September 2012In a decision of critical importance to the fashion industry, the Second Circuit Court of Appeals ruled this week that a single color can serve as a legally protected trademark in the fashion industry and in particular as a trademark for a brand of high-fashion women's shoes. The Second Circuit, in...
|Louboutin's Challenge: Louboutin Wins Its Trademark Validity Battle but Loses Its Trademark Infringement War|
Vanessa A. Ignacio, Lawrence A. Weinstein; Lowenstein Sandler LLP;
September 11, 2012, previously published on September 10, 2012In our March 2012 Client Alert, we reported on a controversial trademark law decision issued by the Southern District of New York, which called into question the validity of shoe designer Christian Louboutin's trademark rights regarding its well-known red shoe outsoles. Louboutin appealed the...
|Sixth Circuit Finds Coverage for Losses Resulting from Retailer's Data Breach|
Hunton Williams LLP;
September 11, 2012, previously published on September 2012The United States Court of Appeals for the Sixth Circuit recently held that losses resulting from the theft of customers’ banking information from a retailer’s computer system are covered under a commercial crime policy’s computer fraud endorsement. See Retailer Ventures, Inc. v....
|Second Circuit Reverses Louboutin on Protection of Fashion Color Trademarks|
Andrew Baum; Foley & Lardner LLP;
September 7, 2012, previously published on September 5, 2012In a major opinion issued on September 5, 2012, the Second Circuit held that Christian Louboutin’s red sole trademark for shoes is valid, but only when the red color contrasts with the color of the shoe upper. It rejected the District Court's holding that color per se could never be a valid...
|Stopping Counterfeits at the Border|
Frances Drummond, Georgina Hey; Norton Rose Canada LLP;
September 4, 2012, previously published on August 2012Australians might be alarmed to know that counterfeit goods are entering Australia every day including in the areas of healthcare, food and beverages. Changes to current Customs Notice provisions are designed to help stem the flow.
|FCPA Compliance Considerations for the Fashion and Beauty Industry|
Sheppard Mullin Richter Hampton LLP;
September 4, 2012, previously published on August 30, 2012In recent years, the U.S. government has vigorously enforced the Foreign Corrupt Practices Act ("FCPA") against individuals and companies representing a variety of industries. Recent press reports suggest that entertainment companies may be the target of current SEC enforcement efforts,...
|Insight to Mexico's IP|
Ana Castañeda, Jorge León; C & L Attorneys, S.C.;
August 29, 2012, previously published by Informa UK, Ltd., Trademark World Magazine.Insight to Mexico´s Intellectual Property Law, helpful to avoid pitfalls.
|Maryland District Court Finds Contributory Liability for Copyright Violation Due to Willful Blindness|
Gregory L. Arbogast; Semmes, Bowen & Semmes A Professional Corporation;
August 21, 2012, previously published on August 2012In this case, Plaintiffs, Coach, Inc. and Coach Services, Inc. (collectively, “Coach”), brought suit against Defendants, Farmers Market & Auction and Benjamin H. Burroughs (“Burroughs”) (collectively “the Market Defendants”), asserting direct and contributory...
|Original Sin: Complying with Country of Origin Laws|
Sheppard Mullin Richter Hampton LLP;
August 15, 2012, previously published on August 9, 2012Congress recently introduced the whimsically titled bill, the “Team U.S.A. Made in America Act,” which would require the United States Olympic Committee to ensure that ceremonial uniforms for the Olympic team are assembled in the United States with fabrics manufactured in the United...
|Don't Be Left Naked When It Comes To Insurance Coverage|
Steven J. Brower, Jason E. Goldstein, Jeffrey H. Kapor; Buchalter Nemer A Professional Corporation;
July 25, 2012, previously published on July 19, 2012Most businesses, including apparel manufacturers and retailers, pay premiums for insurance. When a claim that is potentially covered arises: do not let your insurance company leave you naked. Insurers and insurance brokers may tell you that a claim is not covered when there really is coverage under...