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|S. 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.;
September 22, 2012, previously published on September 20, 2012A 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...
|Will 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;
September 17, 2012, previously published on September 13, 2012After many attempts, it appears that clothing designs may finally gain protection in the United States.
|Color Trademarks in the Fashion Industry --Louboutin Wins the Battle; YSL Claims Victory in the War|
Simon J. Frankel, Louise Nash, Bruce S. Wilson; Covington & Burling LLP;
September 13, 2012, previously published on September 11, 2012Just one day before the start of New York Fashion Week, the United States Court of Appeals for the Second Circuit gave some much-needed comfort to the fashion industry by ruling in the legal battle between French footwear designer Christian Louboutin and Yves Saint Laurent that Louboutin’s...
|The Second Circuit Affirms Trademark Protection for Red-Soled Shoes in Christian Louboutin v. Yves Saint Laurent|
Alston Bird LLP;
September 13, 2012, previously published on September 10, 2012On 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....
|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...
|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....
|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...
|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,...