The Trademark Tacking Doctrine: What is it and Who Should Decide.

In trademark law, the tacking doctrine allows an existing trademark owner to modify its mark without abandoning ownership of the original trademark. The key to allowing the modification without abandonment or loss of priority is continuity. In other words, the mark must retain a common element that symbolizes a continuing commercial impression.

4 Ways to Protect Your Trade Secrets Abroad

At the 25th session of the U.S.-China Joint Commission on Commerce and Trade (JCCT), intellectual property rights were emphasized with a focus on trade secrets. Trade secrets have been a core concern among foreign companies in China. Lack of enforcement has been attributed to things like China’s limited experience with trade secret cases and reluctance on the part of the local governments to take on complex cases because of the time and resources involved.

What’s Harming the Fashion Industry

Why should a company protect its brand name? There is a multitude of reasons to register one’s trademark in the United States Patent and Trademark Office. One of the reasons is to stop others from copying your product and selling it as their own. To raise awareness of the harms the counterfeit market inflicts onto the fashion industry, New York City’s Fashion Institute of Technology opened a new exhibit “Faking It”.

Court Settlement Orders New York Fashion Week to Move

New York Fashion Week has been running into quite some trouble these past couple years. Back in spring of 2013, iconic designers such as Michael Kors, Diane Von Furstenberg and Vera Wang left the Lincoln Center venue for New York Fashion Week. Now a recent settlement orders New York Fashion Week to move from the Lincoln Center after its February 2015 show.

Not Your Knot, Bottega Veneta’s Knot

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.

Patent Troll Control

A study published by Boston University in 2012 found that over $29 billion of direct costs were generated by patent troll patent assertions. Further, it is estimated that these costs ballooned to over $80 billion, once the stock market reacts to such litigation. “Patent trolls,” or Non-practicing entities (NPEs), can be either a company or individual who essentially purchases patents, but has no intention to develop and market a product arising from that patent.

Rugby to Fashion

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.

Peter Fonda Brings Suit for ‘Easy Rider’ Shirts Against Dolce & Gabbana, Nordstrom

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 Sues to Clear “Blurred Lines” from Copyright Claims

Robin Thicke Sues to Clear “Blurred Lines” from Copyright Claims

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.

Fashionable Google Glasses

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.