Unicolours v. H&M: Copyright Registration Validity
IP Law Watch | K & L Gates | Fashion Law
by admin
5M ago
On June 1, 2021, the Supreme Court granted certiorari in the ongoing case of Unicolors v. H&M Hennes & Mauritz, L.P., No. 20-915.  With a nearly $1 million copyright verdict on the line, pattern manufacturer Unicolors, Inc.’s (“Unicolors”) fate is now at the Supreme Court to decide whether courts should refer copyright registration validity challenges to the Copyright Office where there is a known misrepresentation in the registration, but no evidence of intent to defraud.  A copyright registration certificate is not valid if obtained by offering false information and that in ..read more
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Not such a friendly decision for Hugz: A new development in passing off that could help combat fashion copy-cats
IP Law Watch | K & L Gates | Fashion Law
by admin
5M ago
On 19 November 2020, the Intellectual Property Enterprise Court (IPEC) in the UK handed down its judgment in the case of Freddy SPA v Hugz Clothing Ltd & Ors [2020] EWHC 3032, which ran for an unusually long time for the IPEC (three days). The decision was a rare occurrence of a passing off claim, together with other IP causes of action, succeeding in the get-up of a functional item, being “bum enhancing jeans”. Ordinarily, such cases, particularly with respect to fashion items, fail as the get-up is seen as merely design elements or ornamental, or the circumstances of the use lead to a co ..read more
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Fashion Law Update
IP Law Watch | K & L Gates | Fashion Law
by admin
5M ago
“Improvise. Become more creative. Not because you have to, but because you want to. Evolution is the secret for the next step.” Karl Lagerfeld Our Fashion team has prepared the latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. This edition covers: • An update on Modern Slavery legislation • Copyright infringement • The benefits of design protection in an IP strategy • A look at illegal phoenix activity. Click here to read Fashion Law online. By Jonathan Feder, Savannah Hardingham, Anna Smith, Simon Casinader, Olivia Cobur ..read more
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Zara v Zara: The evolving world of “fashion”
IP Law Watch | K & L Gates | Fashion Law
by admin
5M ago
The recent decision in Inditex v EUIPO demonstrates the far reaching, evolving nature of fashion brands and the markets they can operate in and are expanding into. In this case, Inditex (one of the world’s largest fashion retailers and owner of the fashion brand Zara) appealed the EUIPO’s decision to grant registration of the ‘Zara Tanzania Adventures’ mark in classes 39 (travel and tourism) and 43 (travel agency services). The appeal was based on the registration of its own ‘Zara’ mark in class 39. But how can a fashion brand object to a mark in the travel sector? In the appeal (found in Indi ..read more
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Fashion Law – December 2018 Edition
IP Law Watch | K & L Gates | Fashion Law
by admin
5M ago
“People will stare. Make it worth their while.” – Harry Winston Welcome to the latest edition of Fashion Law. In this edition we review the Australian Government’s measures to tackle modern slavery, a New Zealand trade mark opposition highlighting the importance of trade mark watching services, superannuation payments for full time, part time or casual workers, protecting brands in international markets, and the changes to parallel importation laws. Fashion Law gives you the latest updates on legal issues affecting the fashion industry. Click here to read the December 2018 edition of Fashion L ..read more
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Louis Vuitton Seeks Supreme Court Review to Resolve Purported Circuit Split on Trademark Dilution
IP Law Watch | K & L Gates | Fashion Law
by admin
5M ago
Louis Vuitton recently petitioned the U.S. Supreme Court to review a Second Circuit ruling that certain handbags are fair-use parodies of Louis Vuitton products, and therefore do not give rise to liability for trademark dilution by blurring. In its petition, Louis Vuitton contends there is a split of authority between the Second and Fourth Circuits regarding parody as a fair-use defense to dilution. Louis Vuitton is the owner of famous trademarks “that immediately bring… to mind Louis Vuitton as the sole source of handbags and other stylish, high-quality goods bearing its marks.” My ..read more
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U.S. Supreme Court Rules that Cheerleader Uniform Elements May Be Eligible for Copyright Protection
IP Law Watch | K & L Gates | Fashion Law
by admin
5M ago
Yesterday, in a decision that will be welcomed by the fashion industry, the United States Supreme Court ruled that certain design elements of cheerleader uniforms may be eligible for copyright protection.  Star Athletica, L.L.C. v. Varsity Brands, Inc.  The Court held that, “a feature incorporated into the design of a useful article is eligible for copyright protection only if the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article and (2) would qualify as a protectable pictorial, graphic, or sculptural work—either on its own or fi ..read more
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Fashion Law Newsletter – Spring/Summer 2016 Edition
IP Law Watch | K & L Gates | Fashion Law
by admin
5M ago
“Fashion has always been a repetition of ideas, but what makes it new is the way you put it together.” – Carolina Herrera Welcome to the latest edition of Fashion Law, this edition touches on issues that demonstrate the impact of world events and technological changes on all businesses. Fashion Law gives you the latest updates on legal issues affecting the fashion industry. Please click here to read the Spring/Summer 2016 edition of Fashion Law. Contact: Lisa Egan ..read more
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Fashion Law Newsletter – Autumn/Winter 2016 edition
IP Law Watch | K & L Gates | Fashion Law
by admin
5M ago
By Lisa Egan We are excited to bring you the next edition of Fashion Law, highlighting important issues at the crossroads of fashion and the law. Fashion Law gives you the latest updates on legal issues affecting the fashion industry. This edition includes articles on how to set up your business in order to minimise risk, workplace bullying in the retail environment, examples of trade mark and copyright disputes by major fashion brands and also the very tricky industry issues of how thin is too thin for fashion models. Please click here to read the Autumn/Winter 2016 edition of Fashion Law ..read more
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Fashion Law Breakfast
IP Law Watch | K & L Gates | Fashion Law
by Alunda Edmonds
5M ago
By Lisa Egan Today we hosted our annual Fashion Law Breakfast as part of Virgin Australia Melbourne Fashion Festival’s business seminar series. Joining us on our panel to talk about issues such as copyright in images, defamation and making social media accounts the best they can be within the confines of the law, was renowned journalist and fashion commentator Patty Huntington. Over 100 attendees received our first edition of our Fashion Law Magazine for the year, soon to be released as an ePublication. If you would like to join our mailing list please email us on ipblog@klgates.com ..read more
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