DuetsBlog Collaborations in Creativity & the Law

Tag Archives: fashion

Gucci: The Other Stripe Mark

Posted in Fashion, Genericide, Infringement, Non-Traditional Trademarks

Normally when we talk about stripes trademarks , we’re talking about iconic sportswear brand adidas. An avid litigant with respect to use of “three stripe” designs on footwear and clothing, adidas is a regular feature here at DuetsBlog, where we have discussed disputes with lululemon, Puma, and retail store Forever 21. But today we’re talking… Continue Reading

Trendy Shoemaker Cannot Slay the Fashion King

Posted in Branding, Fashion, Infringement, Law Suits, Trademarks

Plaintiff LVL XIII Brands Inc. (“LVL XIII”) must not have heard of the old saying:  “Never strike a king unless you are sure you shall kill him.”  The New York start-up sneaker company decided to take on fashion king Louis Vuitton over a metal plate attached to high-end men’s sneakers.  LVL XIII’s claims were dismissed… Continue Reading

What Black Mamba, Make America Great Again, and Netflix Fast all have in common

Posted in Advertising, Branding, Fashion, Marketing, Patents, Trademarks, USPTO

– Jason Voiovich, Chief Customer Officer, Logic PD It’s not a new reality show. Let’s take that off the table straight away. That said, one could be forgiven this year (of all years) for imagining a scenario in which retired basketball great Kobe Bryant teamed up with not-so-retired real estate sort-of great Donald Trump to… Continue Reading

Fly the Tasty Skies

Posted in Branding, Fashion, Guest Bloggers, Marketing, Mixed Bag of Nuts, Trademarks

– Nancy Friedman, Wordworking In mid-June JetBlue, which since its first flights in 2000 had been a single-class “value” airline, introduced its version of first-class service. To signal this departure—forgive the pun—it didn’t give the service a category name such as JetBlue Business. Nor did it follow its own naming conventions and build on the… Continue Reading

Leaning In on SATURDAY: The Trademark Gender Gap

Posted in Advertising, Branding, Famous Marks, Infringement, Law Suits

Tim’s post last week on the dispute between Victoria’s Secret PINK (a women’s lingerie and loungewear line) & Thomas Pink (predominantly known for its menswear line) reminded me of a Women’s Wear Daily article that I read regarding a trademark dispute involving Kate Spade New York’s new KATE SPADE SATURDAY brand, a more casual womenswear… Continue Reading

Does this Pink clash with my Pink?

Posted in Dilution, Goodwill, Infringement, Law Suits, Marketing, Trademarks

Since May of 2013, a legal battle has been brewing between two fashion industry giants: Victoria’s Secret and Thomas Pink (owned by Louis Vuitton). Below are pictures of storefronts for the two companies: Thomas Pink began as a U.K. company and is known for its menswear, primarily shirts, ties, and other dress clothes. Thomas Pink… Continue Reading

Louboutin Red-Sole & Surrounding Contrast: An Implied Trademark Limitation

Posted in Articles, Branding, Fair Use, Infringement, International, Law Suits, Marketing, Mixed Bag of Nuts, Non-Traditional Trademarks, Sight, Trademarks

The Louboutin lacquered red sole trademark is the subject of great debate in the trademark world, fashion industry, popular news media, and among law school academics and friends of the court. I’m just not seeing it. I really don’t see a viable trademark claim here for Louboutin. Not for the reasons found by the district court — I… Continue Reading

The Fashion Bill Slowly Creeps Towards Becoming a Law

Posted in Copyrights

–Catlan McCurdy, Attorney Above, my favorite latest designer ripoff – the Kate Middleton wedding dress. A cheaper version of the Alexander McQueen designer’s, Sara Burton, vision, so now every bride can feel like a princess… (photo credit to Mirror.co.uk) With New York Fashion Week nearing its end, and the whirl of Forever 21’s sewing machines beginning… Continue Reading

The Designer of Everyone’s Favorite Red Heeled Shoes Sues to Protect His Empire

Posted in Famous Marks, Law Suits, Trademarks

French designer Christian Louboutin is one of the most exciting high fashion shoe designers in the world. Initially, he developed his now famous trademarked Red Sole Mark shoes. by merely using red nail polish on the bottom of a shoe nineteen years ago. In August 2006, he registered the mark described as “The color(s) red is/are claimed… Continue Reading

Question Mark Brands?

Posted in AlphaWatch, Branding, Famous Marks, Food, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks, TTAB

A couple of months ago I blogged about Branding Exclamations! Before that I blogged about Increasingly Intense Ellipsis Branding . . . . Now, it appears I must revisit the subject of punctuation mark branding given Cadbury Adams’ new Mega Mystery Stride brand gum, prominently featuring a question mark logo on the packaging where the S logo normally appears. The… Continue Reading

Lawsuits – Back in Fashion This Fall

Posted in Infringement, Law Suits

— Karen Brennan, Attorney Last week, the Minneapolis/St. Paul Business Journal reported that Coach filed a complaint in New York against Minneapolis-based Target Corporation, alleging infringement of two of its handbag designs.  Coach claims Target’s new designs are too similar to two of its bags, including the Ergo and Signature Patchwork bags: Target is not alone.  Coach also filed a lawsuit… Continue Reading