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Cases Footwear Intellectual Property Menswear Textiles Womenswear

More Good Cheer

My partner Helene Freeman has offered her reflections on these pages about the recent Supreme Court opinion in Star Athletica, L. L. C. v. Varsity Brands, Inc., commonly known as the cheerleader uniform case.  Our Fashion Practice held a seminar recently for the industry where Helene provided further thoughts based on her posts, and I provided some […]

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Intellectual Property Menswear

Not My Bag(gy)

It had to happen, and it did in, of all places, The Wall Street Journal. Late in February, Jacob Gallagher contributed an article persuasively advocating for a new appreciation of baggy pants. Even as The New York Times obsessively writes about President Trump (Not long after the inauguration, I counted twenty-six pieces revisited to him […]

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Cases Footwear Intellectual Property

The Other Shoe Drops

The fashion industry has debated the effect of the Supreme Court’s 2017 decision in Star Athletica, LLC v. Varsity Brands, Inc., interpreting the Copyright Act’s rules for registration of two and three dimensional designs incorporated into useful objects, on the availability of copyright protection for fashion designs and accessories. There now appears to be an […]

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Footwear General / Musings Intellectual Property Menswear Womenswear

#Influencers?

What do the Special Prosecutor and the New York State Attorney General have in common? If you answered fake social media accounts and social media bots inflating followers, likes, tweets and retweets, you would be correct. At the end of January, 2019, Attorney General Letitia James announced she had reached a settlement with Devumi LLC, […]

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Cases Intellectual Property

How to Lose a Trademark

When one speaks about trademarks, the familiar adage “use it or lose it” comes to mind. But there is another important principal that can equally endanger your trademark rights: You must police the market, monitor the trademark register and take action to stop infringements, or you may find yourself without a trademark to enforce. Two […]

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Cases Federal & State Laws General / Musings Intellectual Property Licensing

Star Athletica: An Unsatisfying End

If you were hoping that following the Supreme Court’s decision in Star Athletica you might learn whether common stripes, chevrons, color blocks and zig zags are sufficiently original to be copyrightable—a question expressly reserved by the Supreme Court and the Sixth Circuit– you will be disappointed. On August 10, 2017, the district court permitted Varsity […]