Archives: Trade Dress

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3D PRINTING 101 – ATYPICAL LEGAL CHALLENGES

By Patrick Van Eecke and Julie De Bruyn (Brussels) The concept of 3D printing no longer needs an introduction. The sky is the limit when it comes to the possibilities 3D printing (often referred to as additive manufacturing) has to offer, both to consumers and businesses. The added value for and influence in the fashion … Continue Reading

SIGNIFICANT CHANGES INTRODUCED AND PLANNED TO UK IP LEGISLATION

By John Wilks and Charles Harvey UK IP legislation is changing. First, the Enterprise and Regulatory Reform Act 2013 (which received Royal Assent on 25 April 2013), has just been published, and modifies UK copyright law (though not as drastically as some would have liked). Secondly, the Government announced in the Queen’s Speech that it … Continue Reading

Trade Dress Watch

Repost from Intellectual Property and Technology News (US) – Q1, 2013 By Darius C. Gambino  Trade dress protection has existed for more than a hundred years in the United States, but for a long time took a back seat to patents, trademarks and copyrights in the intellectual property pantheon. Then came the US Supreme Court … Continue Reading

PARTNER’S PERSPECTIVE: RE: MARQUES, AND THE PERENNIAL PROBLEM OF FINDING INFRINGERS

By John Wilks This year’s conference of Marques, the European brand owners’ association, took place in the European Union’s most troubled and ancient capital, Athens, under the lamentably resonant strapline “Sign of the Times”.  Among the many interesting topics shoe-horned under this banner, one theme seemed to keep resurfacing: the challenge of locating internet infringers. … Continue Reading

For the Love of Red . . . Soles The Louboutin – YSL Shoe Saga Continues

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011 By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London) “AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European … Continue Reading

Law à La Mode – Winter 2011 Edition

DLA Piper’s Fashion Retail Design Group recently published Law a la Mode – Edition 4 Winter 2011, a legal fashion-style magazine that is distributed to clients and friends of the firm worldwide.  Law a la Mode has a revolving editorialship and Edition 4 is the first to be edited by the U.S. offices. Members of … Continue Reading

Protecting Jewelry and Other Accessory Designs

Fashion designers and companies can seek to protect their jewelry and other accessory designs through copyright, trademark and/or design patent registrations. Copyrights, trademarks, and patents are separate and independent forms of law and protection; therefore, protection can be obtained in one or all of the three ways discussed in more detail below.    First, a … Continue Reading

A Step Back From Protecting Louboutin’s Infamous Red Soles

Follow up to my blog post SUING OVER THOSE INFAMOUS RED SOLES The fashion world may have received yet another stifling blow from the federal court’s decision in Christian Louboutin S.A. v. Yves Saint Laurent America, Inc., et al., in which the court refused to grant Louboutin’s request for a preliminary injunction against YSL on claims of … Continue Reading

Comparative Advertising Issues in Asia

Posted by Scott Buchanan, Partner DLA Piper Australia This morning, I participated in a round table discussion on comparative advertising issues in Asia. I was the only representative from Australia and had a good audience of representatives from India, HK, Japan and also from the US.  I wanted to share some of the most interesting points from the … Continue Reading

Suing Over Those Infamous Red Soles

Christian Louboutin S.A. v. Yves Saint Laurent America, Inc., et al. Case No. 11-CIV-2381-VM (April 7, 2011, S.D.N.Y.) Christian Louboutin (“Louboutin”), famed French fashion designer, sued Yves Saint Laurent (“YSL”) for infringing on his ever-so-popular trademark – women’s high fashion footwear with the infamous red-lacquered bottoms. Louboutin seeks $1 million in damages for alleged trademark infringement and … Continue Reading

IP ROUNDUP: MAR. 21

Annnndddd we’re back from a small hiatus.  Since the last IP Roundup, there have been a ton of great stories and analyses on Trademark and Copyright Law around the Internet.   Gripe Websites – still fair use: Sedgwick Claims Management Services v. Delsman, 09-16809 (9th Cir. March 21, 2011). Delsman is a blogging griper about … Continue Reading

Influential Cases of 2010

Our group spends a significant amount of time working on issues relating to the transformation of copyright and trademark laws in the 21st century. I am particularly passionate about and interested in how the Internet and other new technologies challenge these dynamic areas of law. For my first blog post, I revisited a few of … Continue Reading
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