Header graphic for print
Copyright & Trademark Matters Insights and Developments in Copyright and Trademark Law

Category Archives: Fashion

Subscribe to Fashion RSS Feed

It’s a Material IP World: Trademarks, Copyrights, Design Patents and Fabric Designs

Posted in Copyright, Copyright Infringement, Distinctiveness, Fabric Design, Fashion, Fashion, Product Design, Section 2(e) - Functionality, Section 2(f), Trademark, Trademark Infringement

Written by: Susan Neuberger Weller Fabric design is a creative art form that has existed for thousands of years. Although the methods for creating such designs have evolved, the purpose and function of such designs has not changed as significantly.  Fabric designs are used for purely ornamental and decorative purposes, for purposes of identity, and… Continue Reading

Ninth Circuit Expands Personal Jurisdiction over Willful Copyright Infringers

Posted in Copyright, Copyright Infringement, Fashion, Litigation

My colleagues in our Litigation practice, Harvey Saferstein and Nada I. Shamonki, recently authored an alert “Another Shoe Drops in Washington: Ninth Circuit Expands Personal Jurisdiction over Willful Copyright Infringers”. On December 17, in Washington Shoe Co. v. A-Z Sporting Goods, Inc., the Ninth Circuit expanded the exercise by Federal District Courts of personal jurisdiction over… Continue Reading

Update: S. 3523 Passes U.S. Senate Judiciary Committee

Posted in Copyright, Copyright Infringement, Fashion, Legislation, Trademark Infringement

Written by Susan Neuberger Weller The bill to extend intellectual property protection to the fashion industry, S. 3523, the substance of which we reported recently, has passed the US Senate Judiciary Committee without amendment. By voice vote on September 20, the bill passed with Senators Lee (R-Utah), Kyl (R-Ariz), Cornyn (R-Texas) and Coburn (R-Okla.) voting… Continue Reading

S. 3523: Louboutin, Lululemon, and Fashion Design: Finally Getting Some Respect?

Posted in Copyright, Copyright Infringement, Fashion, Legislation, Trademark

 Written by Susan Neuberger Weller 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 York City, New York… Continue Reading

H.R. 2511 Offers Legal Protections For Fashion Design

Posted in Copyright Infringement, Fashion, Legislation

Written by Joseph M. DiCioccio “Fashion is more usually a gentle progression of revisited ideas.”  – British Fashion Designer Bruce Oldfield Perhaps no other industry is more cognizant of the need to build upon and reinterpret prior work than the fashion industry. The idea that designs must constantly change and evolve several times a year… Continue Reading