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Constitutional Law Copyright Law Fashion Law Intellectual Property

Nike “Jumpman” Case Shows Difficulty With Copy-Cat Infringement Cases

A Federal Court in Oregon dismissed photographer Jacobus Rentmeester’s claim that Nike’s famous “Jumpman” infringed on his original photograph which inspired the logo. The case doesn’t really break new ground nor is it very controversial; the judge correctly applied the proper legal parameters in my opinion. I’m writing about it though because it’s the kind […]

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Constitutional Law Employment Law Litigation Restaurant and Hospitality Law

Conde Nast Ends Internship Program Over Lawsuits: Let the Blame Game Begin!

Condé Nast, the publishing giant, has decided to discontinue its vaunted internship program following a class-action lawsuit filed by two former interns saying that they were paid less than $1 dollar an hour, according to an article in Women’s Wear Daily yesterday. Back in June, Condé Nast, which owns and operates popular and influential magazines […]

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Copyright Law Fashion Law Intellectual Property Litigation Trademark Law

Appeals Court Restores Louboutin’s Red Sole Trademark

Round Two in the battle between two high couture fashion houses, Christian Louboutin and Yves Saint Laurent, goes to Louboutin as the Second Circuit (the federal appeals court that covers New York) reversed a lower court’s finding that Louboutin’s famous red sole could not constitute a trademark. Yves Saint Laurent had produced a line of […]

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Copyright Law Fashion Law General Intellectual Property Trademark Law

California Shoe Designer Karen Kell Accuses Urban Outfitters of Stealing Her Shoe Design

Shoe designer Karen Kell (KK) issued a “cease and desist” letter through her lawyers today to national retailer Urban Outfitters (UO) accusing them of stealing her latest shoe design. The letter demands that UO immediately pull the shoes off the shelf or face litigation. A copy of the letter accompanies this press release. KK first […]

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Fashion Law Intellectual Property Litigation Trademark Law

Louis Vuitton Wins Big in Knock-Off Case That Awarded Attorney’s Fees On Top of Statutory Damages

Famed handbag maker and design house stalwart Louis Vuitton won a major victory yesterday in the Second Circuit, the Federal Appeals court covering cases arising out of New York, Connecticut and Vermont. In a potentially game-changing decision, Louis Vuitton Malletier, S.A. v. LY, USA Inc. et al , the court settled an unclear issue in […]

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Copyright Law Fashion Law Intellectual Property

Venerable Fashion House Takes on Venerable Law School as Louis Vuitton Challenges Penn Law School’s Use of It’s Design in Poster

I’m sure that the students in the University of Pennsylvania Law School’s Intellectual Property Group did not intend their upcoming Annual Symposium on Fashion Law to focus on their own poster for the event. But that will very likely be the main topic at the March 12 event, after world-renown fashion house Louis Vuitton fired […]

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Fashion Law General Litigation

Lawsuit By Former Intern Against Harper’s Bazaar Over Lack of Payment

According to her complaint, Xuedan Wang interned at Harper’s Bazaar from August 2010 through December 2011 for 40-55 hours per week and went unpaid. On February 1, 2012, she filed a lawsuit against The Hearst Corporation (the fashion glossy’s publisher) accusing them of violating state and federal wage and hour laws by not paying her […]

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Fashion Law Litigation Trademark Law

Ivanka Trump Accused of Stealing Derek Lam’s Shoe Design

Imitation is the fondest form of flattery,right? So famed shoe designer Derek Lam should have been pleased that the Ivanka released a shoe that – well let’s just say it flatters Derek Lam a great deal. (picture of the two shoes is below). Lam has not sued yet, just fired off a cease and desist […]

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Litigation

Lawsuit between Designer Christian Soriano and Talent Agency Reveals Necessity for Written Agreements

Last month, Project Runway winner Christian Soriano was sued by Designer’s Management Agency (DMA) for unpaid commission. According to the complaint, DMA negotiated Soriano’s highly touted deal with Payless to design shoes for its company. Payless has already put out several lines of the Soriano-designed shoes which Payless hoped would elevate its brand. Now DMA […]