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|Louboutin's Challenge: Can One Fashion Designer ‘Sole-Ly’ Trademark A Color For Well-Heeled Shoes?|
Vanessa A. Ignacio, Lawrence A. Weinstein; Lowenstein Sandler LLP;
March 23, 2012, previously published on March 2012The exclusive claim of a single color as a trademark is one of the more controversial areas of trademark law. The debate surrounding when it is appropriate to allow one entity exclusive rights to a single color in connection with a particular product or service is not entirely new. In 1995, the...
|ALJ Bullock Issues Public Version Of Initial Determination Finding Violation Of Section 337 In Certain Handbags And Luggage (337-TA-754)|
Alexander E. Gasser; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
March 22, 2012, previously published on March 20, 2012On March 13, 2012, Chief ALJ Charles E. Bullock issued the public version of Order No. 16 (dated March 5, 2012) in Certain Handbags, Luggage, Accessories and Packaging Thereof (Inv. No. 337-TA-754). In the Order, ALJ Bullock granted a motion for summary determination filed by Complainants Louis...
|IFRA Regulations Bring About a Change of Scent|
Sheppard Mullin Richter Hampton LLP;
March 21, 2012, previously published on March 20, 2012We all remember the sweet scent of our first perfume and only need a simple whiff to propel us back to our youth. Studies show that scent memory is the longest lasting of all of our five senses, meaning you will always be able to instantly recognize the scent your grandmother wore when you were a...
|Merchants Beware: Heed This Warning Before Printing Your Next Customer Receipt|
Seth L. Laver, Thomas J. O'Grady; Goldberg Segalla LLP;
March 1, 2012, previously published on February 24, 2012In a decision impacting all merchants and retailers, the U.S. Court of Appeals for the Third Circuit recently held that printing any portion of the expiration date of a customer’s credit or debit card on an electronically printed customer receipt constituted a violation of the Fair and...
|Fashion Designers: Legally Naked?|
Tyler E. Baker, Christine Steiner; Sheppard, Mullin, Richter & Hampton LLP;
February 14, 2012, previously published on February 10, 2012With New York's Fashion Week upon us, the time is appropriate to examine the intellectual property protections available to some of the most prominent artists in popular culture: fashion designers. No one would seriously question the great artistic talents of many designers. Their imaginative,...
|Naked Licensing: Not As Rare As One May Think|
IP Business Law Inc.;
January 31, 2012, previously published by Los Angeles Daily JournalWhen there is a license without quality control in terms and conduct, it is a naked license. The licensor can lose its trademark rights if it has granted a naked license. Naked licenses are not as rare as they seem. For example, the parties may lose sight of quality control in complex and...
|Louis Vuitton Sets A New Standard In Federal Trademark And Copyright Law|
Alona Metz; Sheppard, Mullin, Richter & Hampton LLP;
January 26, 2012, previously published on January 17, 2012In the recent landmark case of Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 658 F.3d 936 (9th Cir. 2011), the Court of Appeals for the Ninth Circuit held that a web-hosting company that owned and operated servers was liable for contributory copyright and trademark infringement when it...
|Coach Creates a Path for Other U.S. Companies to List in Hong Kong|
Valerie Ford Jacob, Victoria S.T. Lloyd, Joshua Wechsler, Guangqin Wei; Fried, Frank, Harris, Shriver & Jacobson LLP;
January 16, 2012, previously published on January 10, 2012Fried Frank advised leading accessories brand Coach in connection with its December 1st listing of Hong Kong depositary receipts (HDRs) representing Coach common stock on the Hong Kong Stock Exchange. The listing makes Coach the first company incorporated in the United States to list in Hong Kong....
|Attention: Retailers, Manufacturers and Importers of Wearing Apparel!|
Jeffrey H. Kapor, Tanya Viner; Buchalter Nemer A Professional Corporation;
December 29, 2011, previously published on December 27, 2011Beginning January 1, 2012, the California Transparency in Supply Chains Act of 2010, or “S.B. 657,” will require retail sellers and manufacturers “doing business” in California to post certain disclosures on their websites. The legislation seeks to improve human rights...
|Stylish Baby Bottoms: Kimberly-Clark Wins Copyright Battle Over Diaper Jeans|
Phillip Barengolts; Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP;
December 29, 2011, previously published on December 27, 2011As the father of two little boys, I’ve changed thousands of diapers in the last three years, but never diaper jeans. Apparently, I’m missing out. The owner of a copyright in certain diaper jeans sued Kimberly-Clark, which sold jean diapers. Kimberly-Clark moved to dismiss the claims...