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If you can design it, wear it, eat it, view it or listen to it, chances are good we’re involved in it. Look to our legal, technical and business commentary for guidance gleaned from years of helping industry innovators make a difference.

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Fashion & Beauty
Blog
RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)
|Jason J. Jardine
On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches...
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Fashion & Beauty
Blog
Puma Treads New Territory Hitting Forever 21 with Copyright Allegation...
|Jonathan Hyman
On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes.  The “Fenty” label has become popular, in part, due to the influence...
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Fashion & Beauty
Blog
Chevrons, Stripes, Cheerleaders, and Copyright: The Supreme Court Issu...
|Jonathan Hyman
The U.S. Supreme Court issued their opinion on Star Athletica v. Varsity Brands on Wednesday, March 22.  Should fashion designers rejoice or be fea...
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Fashion & Beauty
Blog
These Boots Are Made For Walkin’: Trade Dress and the Distinctive Look...
|Jonathan Hyman
Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dre...
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Fashion & Beauty
Blog
Curiouser and Curiouser: Copyrights and Trademark Rights are Not Perfe...
|Ian W. Gillies
Much like the world of Underland created in Lewis Carroll’s book Alice Through the Looking Glass, the blurring between copyright and trademark righ...
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Fashion & Beauty
Blog
Just Like You and Me: Difficulties with Celebrity Trademark Applicatio...
|Jonathan MenkesCatherine Holland
Under U.S. trademark law, any person (including a celebrity) can obtain a trademark registration for their name if they can establish that the publ...
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Fashion & Beauty
Blog
Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Di...
With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become...
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Fashion & Beauty
Blog
2017 Brings Issuance of New Design Patents for the Fashion Industry
|Jason J. Jardine
It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry.  See, Nico...
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Fashion & Beauty
Blog
The Apple May Not Fall Far from the Fashion Industry
|Jason J. Jardine
In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design pat...
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Fashion & Beauty
Blog
Disparaging (or Maybe Not) Trademarks: The Supreme Court Hears Oral Ar...
|Jeff Van Hoosear
On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to...
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Fashion & Beauty
Blog
Design Patents – The Often Forgotten, But Useful Protection for Access...
Although trademarks and copyrights most frequently come to mind when considering the types of intellectual property protection available for fashio...
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Fashion & Beauty
Blog
Can Skechers Get a Second Bite at the IPR Apple?
|Peter LawJason J. Jardine
On January 5, 2017, Skechers U.S.A., Inc. filed a petition with the Patent Trial and Appeal Board to institute an Inter Partes Review (IPR2017-0060...
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