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
Amid threats from one of the most prolific managers in the music industry, Irving Azoff, YouTube has refused to remove roughly 20,000 songs from its website. Azoff represents many of the artists whose songs are still made available on the site.
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.
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.
Whether a company is small or large, licensing can be beneficial in a multitude of ways. Not only can licensing bring about an increase of revenue, but also can expand a company’s outreach and establish a permanent, recognizable brand. Establishing a brand name is a valuable marketing strategy that distinguishes a company from the rest of its competitors.
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”.
Intellectual property is a vital necessity for the success of any product or company. Whether protection in trademark, patent, copyright, or trade secret, individuals or corporations need to ensure that their branding and unique designs will not be diluted by counterfeiters or copycats. The fashion industry especially has struggled with the issue of intellectual property as the Court views clothing as more for functional purposes than a distinguished product. Changes in the U.S. patent law provide great opportunity for fashion designers to protect their designs not only in the United States, but also all over the world.
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.
A business owner in Elkorn, Nebraska recently won a trademark battle against Limited Brands giant Victoria’s Secret. Beka Doolittle, owner of the online business “The Pink Store” has been going up against Victoria’s Secret this past year over use of the word “pink”. One of the notable brands of Victoria’s Secret is it’s Pink line that caters to young women. Ms. Doolittle’s online business carries items for all ages and items for the home, all themed as (you guessed it) pink. After Victoria’s Secret submitted a petition to cancel her mark on the United State Patent and Trademark Office (USPTO) , Ms. Doolittle enlisted help in order to fight back, and it paid off. Victoria’s Secret finally backed off and cancelled their petition, but with no clear reason.
Lush is a beauty brand that produces products from fresh organic fruit and vegetables. Their products such as makeup, soap, and face wash are not animal tested and are made fresh by hand with little or no preservative. Lush brand chose not to sell their products on Amazon but when customers searched “lush” into the search bar, similar beauty products sold by Lush appeared in the results.
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.
Recently, the United States Department of Labor found more than 1500 garment workers in California were owed over $3 million in unpaid wages based on a year-long survey. The Department of Labor found that suppliers directly related to Nasty Gal, Macy’s, Nordstrom, and JC Penney, and others, paid its workers below the minimum wage while also subjecting them to sweatshop-like conditions.
Long gone are the days of teflon, when you could slap a chemical coating on something to make it repel water and other materials. Non-Stick is no longer the way to go with repelling products. Nowadays, there are some products that have to repel water and other buildup. So scientists looked at natural repellants like duck feathers, insect wings, and super repellents like the leaves of the lotus plant. When a product is omniphobic it will resist oil and other liquids from saturating the object.