In a year rife with counterfeit lawsuits filed by Tory Burch to protect her famous TT logo, the designer brand is now faced with a suit itself as the defendant, a New York company Lin & J, recently struck back with a countersuit. Lin & J own a wholesale brand called Isis that sells rings, necklaces, and earrings Tory Burch asserts are counterfeits of the brand’s own jewelry. However, Lin & J deny that the Isis jewelry pieces are copies and that similarities are coincidental. In their counterclaim, Lin & J accuse Tory Burch of copying their design instead. Besides trademark infringement, they are suing the fashion brand for unfair trade practices, tortious interference with its business relationships and defamation.
The fashion brand, Bottega Veneta, well-known for its hand bangs and fragrances, had filed its unique “knot” design for trademark registration. Initially, the design was rejected by the USPTO because the knot was a non-distinctive product design and needed a secondary meaning. Bottega Veneta attempted to prove that its knot was distinctive through submitting its sales record, media coverage, high remarks from other fashion industry experts, and a comparison with other famous luxury brand marks.
Tommy Bowe, an Ulster and Irish Lions rugby player, started a new gents brand clothing business called XV Kings Tommy Bowe Designs. He first involved himself in the fashion industry through collaboration with Lloyd & Pryce, a shoe brand.
By Christina Severino | amdlawgroup.com
The prevalence of counterfeit fashion has increasingly threatened the integrity and presence of luxury brands on a global stage. For every misspelled logo, clumsy stich or questionable cashmere sweater, profits collected from these counterfeits do more than fool the purchaser; they undermine the ingenuity of the original brand and potentially fund other criminal conduct that may go undiscovered.
Italian luxury fashion designers Domenico Dolce and Stefano Gabbana have been caught in a fresh legal bind, this time over their brand’s t-shirts sold by American fashion retailer Nordstrom, also a defendant. The shirts, which were priced at up to $295 apiece, have since been removed from sale on Nordstrom’s website. Actor Peter Fonda is suing for at least $6 million in compensation, claiming that the iconic images of himself in the classic 1969 film, “Easy Rider”, were used without his permission. Movie stills of Fonda on a motorcycle and the movie’s title in its original font are emblazoned on the t-shir
Robin Thicke and co-writers Pharrell Williams and Clifford Harris of this summer’s pop anthem, “Blurred Lines”, filed a lawsuit on August 15 in response to accusations by Marvin Gaye’s family and Bridgepoint Music, Inc. that the hit copies from Gaye’s 1977 single “Got to Give It Up” and Funkadelic’s 1974 song “Sexy Ways”. Bridgepoint Music owns some of the copyright for Funkadelic’s music. The Gayes and Bridgepoint have threatened to sue if the artists do not pay a monetary settlement, so Thicke, Williams and Harris are seeking declaratory relief from a Californian US District Court that would protect their from the defendants’ claims.
An Italian eyewear luxury brand, Luxottica, announced their future partnership with Intel to create fashionable smart eyewear. Luxottica own many well known brands such like Ray-Ban, Oakley and Persol; the company also collaborates with Chanel, Prada, Giorgio Armani, Miu Miu, Tory Burch, and Stella McCartney. Intel and Luxottica plan to develop smart technology for eyewear designed and perceived to be worn in the future.
This week, copyright issues received considerable federal attention both in the Ninth Circuit of the US Courts of Appeals on Wednesday and in a hearing by the U.S. House of Representatives’ House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet on Thursday. While the court ruled that digital video recorders that automatically
British luxury shirt retailer Thomas Pink filed an infringement action against the UK branch of American lingerie retailer Victoria’s Secret with the Patents County Court in London back in May. Thomas Pink alleges that the Victoria’s Secret PINK line, designed to target the younger crowd of teens to twenty-somethings, confuses customers by marketing and selling products under the label “PINK”, which is also a name under the Thomas Pink brand.
One of fashion’s newest trends is the utilization of 3D printing technology to produce custom made clothing, footwear, and jewelry. This is just one of the innovative ways that fashion designers have been changing the face of the fashion market. Martje Dijkstra, is a distinguishing Dutch fashion designer that incorporates 3D technology into her pieces in some groundbreaking ways.
Inspiration for UPheels was a combination of things, like ruining shoes at outdoor weddings in the grass; sinking in the grass altogether; a friend suffering a spiral fracture to her ankle when her heel caught in some decking; ruining shoes just walking to work, (when the heels snapped off in the cracks of the pavement). One day Jagger was setting up for a work function which involved assembling what felt like millions of disposable champagne flutes with attachable foot bases. That was when she realized that if she had a base that was big enough and strong enough, it could fit onto the bottom of a stiletto.
Taylor Alison Swift, world renowned country music and pop sensation, is no stranger to the world of intellectual property. In recent years she has been sued for Trademark Infringement of Her Brand Lucky 13, she has created, and obtained, copyrights in chart topping albums, and pulled her music off media streaming giant Spotify. Taylor is at it again. She has recently filed for trademark rights of her works “This Sick Beat”, “Party Like It’s 1989”, amongst others. Taylor has not been granted any of these trademarks, as of yet, by the United States Patent and Trademark Office.
The fashion brand, Ralph Lauren, well-known for its “Polo Player” logo recently won a trademark battle against FreshSide. Back In late 2009, FreshSide Ltd. applied to register a trademark with OHIM, the EU body responsible for Community Trademark registrations. FreshSide, which does business as “Chuck” applied to register a mark consisting of a polo player on a bicycle.
Besides unifying labeling practices across European member states, the Cosmetics Regulation also positively affects the integrity of beauty marketing and advertising, including the usage of “texts, names, trademarks, pictures and figurative or other signs” linked to the products. Such labels and representations of the product must meet the requirements of “legal compliance, truthfulness, support, honesty, fairness and informed decision making”.
The ongoing battle for supremacy between Nike and Adidas has recently reached a new level. Last week, Nike initiated a suit against three former designers who decided to leave Nike for their competitor Adidas. The suit ask for upwards of $10 million in damages.