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Following in the Footsteps of the World’s Fashion Weeks Comes…Fashion Law Week

28 Feb

Howard University in Washington, D.C. is hosting Fashion Law Week this week following the close of the global fashion weeks. With a variety of symposiums being held in this very exciting and emerging area of the law, there is a little something for everyone. Will you be attending?

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Coach Failed to “Purse”-sue Triumph in Trademark Action

28 Feb

In 2004, Triumph Services, a company that prepares software and books to help prepare students and teachers for standardized tests, filed an application for a stylized COACH mark and design. Coach Services, Inc. has used the COACH mark since 1961 and is a designer/manufacturer of handbags, wallets, sunglasses, watches and luggage. CSI owns 16 incontestable registrations for the COACH mark; all but one issued before Triumph’s application for the mark.

Upon Triumph’s registration for its mark, CSI filed suit based on a likelihood of confusion. The action was dismissed. Recently on appeal, the Federal Circuit affirmed the findings that there was no likelihood of confusion and that CSI failed to show a likelihood of dilution.

A synopsis, and the full opinion, can be found here.

To see our Firm Disclaimer, follow this link.

Join ChickChat on ALL Your Favorite Social Media Sites!!

23 Feb

Adding ChickChat, LLC to social media is the chattiest (and best) way to keep up with our blog and all the hottest entertainment news!  Check out the right sidebar of this blog to connect with ChickChat and keep up with the Kardashians these chatty legal chicks!

ChickChat is now on Facebook, Twitter, Bloglovin, StumbleUpon, Google+ and Pinterest!!  Join us, follow us, like us, love us, gotta have us!

‘Keeping Up with the Kardashians’ List of Lawsuits

23 Feb

Looking to ‘trim’ a couple of pounds ‘quick’ly? Well stay clear of any products endorsed by the Kardashian sisters. Kim and Khloe may be facing a possible class action lawsuit over their diet product QuickTrim. Containing large amounts of caffeine, doctors are worried about the effect of the pills on dieters and say that the ingredient is “not safe or effective for weight loss.”

Law firm Bursor & Fisher is preparing the lawsuit against the product’s manufacturer and the Kardashian sisters. Emails were sent to registered users saying “The active ingredient in QuickTrim weight loss products is a large dose of caffeine . . . The FDA has determined that caffeine is not safe or effective for weight loss.”

To read the full article on the suit, follow this link.

To see our Firm Disclaimer, follow this link.

Protection for the “Model” Citizens Among Us

22 Feb

As a teenager, most of us are worried about proms, graduation and finally gaining freedom from our parents. Some of teenagers, however, are more preoccupied with photo shoots, runway bookings and focusing on not tripping down a runway lined high powered fashion business people.

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Martha Stewart in Hot Water Again

20 Feb

Martha Stewart’s contribution to consumer goods – products branded Martha Stewart Living – are currently causing a stir between big box stores Macy’s and J.C. Penney. In 2006, Macy’s was granted the exclusive rights to manufacture and sell certain Martha Stewart Living products. They recently extended their deal to continue through 2018. However, in December 2011, J.C. Penney announced plans to open small pop-up shops within their stores in 2013 that would sell Martha Stewart Living products. Trying to prevent J.C. Penney’s shops from happening, Macy’s is currently seeking an injunction against Martha Stewart Living and is suing Martha Stewart Living for breach of contract.

To read the full article, click here.

A Little Inspiration Goes a Long Way

17 Feb

Now that fashion week has officially ended, it leaves some in the industry asking the age old question – how long before we see the runway looks popping up local stores across America? Using high fashion runway looks as “inspiration” for producing similar mass market items is a practice that fashion has long become accustomed to. Recently, within hours walking the red carpet at the Golden Globes, Faviana had already brazenly “knocked off” a significant number of the gowns worn – practically stitch for stitch – and offered them for sale in the “Dress Like a Star” section of their store.

Under current copyright law, fashion designs are not protectable, so Faviana’s actions are perfectly legal. But how far is too far? What do you think?

When Big Names Play Nice…

9 Feb

As a member of the very small percentage of people who did not watch the Super Bowl this past Sunday (I was preoccupied watching the 60 minutes interview of Anna Wintour…), I just recently became aware of Madonna’s large use of the Vogue logo on her performance stage. Not only was the logo present beneath her and behind her as a backdrop during her performance of “Vogue”, but faux magazine covers also appeared in front of the stage. And exactly how much did this cost Madonna? The answer may surprise you – nothing.

Although she contacted Vogue in  early January for licensing, Anna Wintour and her team decided not to charge the super star saying “We’re so very grateful to Madonna to have been part of such a spectacular performance. We naturally expect a new audience of football fans.” The singer and the magazine have historically held a longstanding, good relationship with each other.

The take away lesson? Always play nice with others. The full article can be found here.

The True Cost of “Free” Labor

8 Feb

For college students and graduate students everywhere, one word rings synonymous with the equivalent of  modern day slave labor: internship. In today’s job market, many graduates have taken internships to a new level – post graduation “jobs”. As many know, an internship equates to an “invaluable” experience that often pays nothing and at times can carry a small fee. The majority of internships are essentially bottom of the ladder positions within the company, and depending on the industry can equal long hours and little appreciation. Most of us have been there but only one has taken their “employer” to court.

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The Case of the Red-Soled Shoes

30 Jan

Famous shoe designers Christian Louboutin and Yves Saint Laurent have been duking it out in court over a pair of red soled high heel shoes. The red sole in question has been a purported “trademark” of famed designer Louboutin since the early days of his designs. Every shoe designed by Louboutin contains his “signature” red sole.

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