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HTMLSole Ownership of a Color? Louboutin Loses Appeal in French Court in Trademark Dispute with Zara Over Signature Soles on Shoes
Marcella Ballard, Nicholas Buell, Victoria R. Danta; Venable LLP;
Legal Alert/Article
July 20, 2012, previously published on July 17, 2012
In May, high-end French footwear designer Christian Louboutin suffered yet another loss in its ongoing legal battle over its iconic red-soled shoes. On May 30, 2012, the Cour de Cassation—the highest French court of appeals—determined there was no risk of consumer confusion between a...


HTMLMen, Makeup and Drugs
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 12, 2012, previously published on July 10, 2012
Men’s grooming and beauty products, namely cosmetics for men, continue to experience yearly growth. The forecasts of one research firm predict that sales of men's toiletries will hit $3.2 billion by 2016, up from $2.2 billion in 2006. Sales of men’s skin care products like facial...


HTMLIf It's Neon, Should It Be On?
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 4, 2012, previously published on June 29, 2012
As summer is upon us, rebellious trend seekers can toss their black nail polish and opt for a shade of neon orange, green or pink. This season’s en trend nail polish includes a color palette of neon hues that are rumored to be illegal in the U.S.. Contrary to recent alarmist headlines, it is...


HTMLSupreme Court Tackles Extent of Federal Subject-Matter Jurisdiction over Compulsory Counterclaims in Cases Presenting Abandoned Claims
Jennifer D. Arkowitz, William M. Bryner, Theodore H. Davis, Stephen Feingold; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
June 27, 2012, previously published on June 26, 2012
On June 25, 2012, the United States Supreme Court granted a petition for certiorari in Nike, Inc. v. Already, LLC, 663 F.3d 89 (2d Cir. 2011). The petition raises the issue of whether a plaintiff, who, for whatever reason, does not want to continue with a lawsuit in federal court (e.g., the case is...


HTMLFashion Film Art Movement
Victoria Lee, Theodore C. Max; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
June 20, 2012, previously published on June 14, 2012
In this hyper-digital age, the designer brand's focus has gradually shifted from primarily print advertising media to reaching consumers through the Internet and many forms of social media with branded entertainment in the form of short fashion films. The fashion film trend pairs fashion brands...


HTMLPrince Sports, Inc. and Affiliates File for Chapter 11 Protection
Morris James LLP;
Legal Alert/Article
May 3, 2012, previously published on May 1, 2012
On May 1, 2012, Prince Sports, Inc. (“Prince”) and three affiliates (collectively, the “Debtors”) filed for Chapter 11 protection in the U.S. Bankruptcy Court for the District of Delaware. The petition lists both assets and liabilities between $50 and $100 million. The...


HTMLKeep a Close Eye on Your Competition
Richard S. Dellinger, Jason S. Miller; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
May 2, 2012, previously published on May 1, 2012
Do you know of a competitor trying to imitate your product? Rip-It Sporting Goods developed an in-fielder's mask for baseball and softball. The mask, which is marketed at trade shows, on the internet and nationally through distributors, was allegedly copied by competitor Champro Sports who...


HTML4th Circuit Upholds Convictions of Trademark Infringers for Combining Two Separate “Burberry” Marks on Bogus Luxury Goods
John Staige Davis; Williams Mullen;
Legal Alert/Article
April 24, 2012, previously published on April 20, 2012
Can a would-be trademark-infringer evade the trademark laws by superimposing facsimiles of two different trademarks of the same company into a single combined image, and maintaining that the combined image is legally distinguishable from the true ones? The answer, thankfully, is no.


HTMLThe National Football League Decides to "Just Do It"
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
April 12, 2012, previously published on April 9, 2012
Though the news of Nike's exclusive deal with the NFL broke some time ago, the agreement will officially go into full effect this month and the look of Monday Night Football is about to change. Replacing adidas, this will be the first time that Nike, who was a NFL supplier in the mid-nineties and...


HTMLLouis Vuitton Achieves Genuine Victory over Flea Market's Phony Sales
Tyler E. Baker; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 28, 2012, previously published on March 26, 2012
Luxury brand titan Louis Vuitton recently achieved a significant victory over counterfeiting of its designer products. In an action brought in the U.S. District Court for the Western District of Texas, Louis Vuitton sued the Eisenhauer Road Flea Market, its owner, Bruce L. Gore, and its manager,...


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