Joan Bellefield Davis’ Post

Brand protection in the fashion industry In the fashion industry, an important aspect of brand protection is the creation of key features that customers associate with the brand and the protection of these features through intellectual property. A particularly famous example is the red tab on Levi Strauss's jeans, which became the centre of a trademark dispute between Levi Strauss and Brunello Cucinelli. #fashion #trademark

Check out part 2 of our article on the trademark implications of brand collaborations.

Pryor Cashman Partner Dyan Finguerra-DuCharme, co-chair of the #IP Group, and Associate Kate Garber, a member of the IP Group, co-wrote an article for WIPR - World IP Review about two key #trademark cases that could impact #fashion brands. In “Why a pair of fashion TM disputes could ‘hamper’ brand protection,” Dyan and Kate look at Coach v Gap and Penn State v Vintage Brand, which “raise issues of whether a junior user can use a brand name on commercial merchandise (that is not a traditional fair use) and avoid liability under the Lanham Act,” and address whether the owner of a word mark can prevent another from using that word in its ordinary meaning on apparel. Both cases may “have serious ramifications for brand enforcement and the licensing industry.”

Update - Man City asks High Court to throw out Superdry's trade mark claim over training kit As part of their pleadings Man City rejected Superdry's claims that the use of the Super “Dry” logo on clothing apparel infringed the fashion brand's trademark, rejecting the notion that the difference between the two “may not be noticed by the average consumer.” It is unclear at present whether Man City have sought discharge of the injunction. However, if Man City are confident in their claim they may be content to leave the injunction in place, opting instead to seek an increased payment from Superdry at the conclusion of the proceedings through application of the cross undertaking in damages. This raises the stakes for Superdry considerably. https://lnkd.in/eiAt-sfK #trademarklaw #sportslaw

Stacey, thank you for providing an update on the trademark infringement case between Levi Strauss and Brunello Cucinelli regarding the unauthorized use of the "tab design" by the Italian fashion company. It's helpful to know the key details: - Earlier this year, Levi's filed a lawsuit against Brunello Cucinelli for using the iconic "tab design" on its clothing without authorization. - When Brunello failed to stop using the design after being notified, Levi's proceeded with filing the trademark infringement suit. - Recently, the parties have reached a settlement agreement, the terms of which remain confidential. - However, it is presumed that as part of the settlement, Brunello Cucinelli has agreed to cease using the "tab design" on its clothing line going forward. Trademark infringement cases involving well-known and distinctive designs are taken seriously, as brands work hard to protect their intellectual property and brand identity. It's positive to see that Levi's took legal action to defend its iconic "tab design" trademark when it was being used without permission. The confidential settlement likely represents a compromise between the parties, allowing Brunello Cucinelli to avoid further legal battles while respecting Levi's trademark rights by discontinuing the use of the contentious design element. Overall, this case reinforces the importance of respecting intellectual property rights and the potential consequences of unauthorized use of trademarked designs or branding elements, even in the fashion industry.

"Rhode vs. Rhode: A Battle of Brands". Hailey Bieber's skincare brand, Rhode, and New York fashion label Rhode-NYC have settled a trademark dispute that began in June 2022. Rhode-NYC had alleged that Bieber's use of the 'Rhode' name infringed on their trademark, leading to potential consumer confusion due to Bieber's high-profile status. Despite Rhode-NYC's attempts to prevent the use of the name through a preliminary injunction, the court allowed Bieber’s brand to continue operations while the legal battle progressed. The settlement terms remain confidential, but it likely involved compromises from both sides. This case highlights the growing importance of trademark protection, especially with the rise of celebrity-backed brands. It serves as a reminder of the need for thorough trademark searches and the challenges faced by emerging brands against well-established entities. The dispute illustrates the delicate balance between protecting brand identities and fostering market innovation, underlining the complexities of intellectual property law in an increasingly competitive industry. Read the full article by Seema Meena, Rea Parikh & Nitya Sanghavi:  https://lnkd.in/eSbsSstF #LegalArticles #NaikNaikandCo #NNICO #AnandAndNaik #TrademarkDispute #BrandProtection #CelebrityBrands #LegalBattle #IntellectualProperty #BeautyIndustry #HaileyBieber #RhodeSkincare

🚨 Levi's Takes Legal Action—Again! 🚨 Levi's has filed a third lawsuit against Japanese denim brand FullCount and U.S. retailers Franklin & Poe and Standard & Strange, alleging continued trademark infringement. Despite two prior injunctions (from 2009 and 2018), FullCount is accused of repeatedly selling products that infringe on Levi's iconic trademarks, including the Red Tab and Arcuate designs. This lawsuit highlights the importance of vigilant brand protection and enforcing intellectual property rights to safeguard the distinctive elements that make a brand unique. 🛑 Trademarks matter. As this case shows, ignoring previous court orders can lead to serious legal consequences. We'll be keeping an eye on how this unfolds. Read more: https://hubs.la/Q02QLFLY0 #BrandProtection #Trademarks #TrademarkLaw #TrademarkInfringement #Levis #BrandProtection #IPLitigation #Counterfeiting #BrandEnforcement

I have been following the topic of upcycling and trademark rights, and I think this article provides valuable insights. It explores how companies like Chanel and Nike are testing the limits of trademark protections in light of recent legal developments. This raises important questions about the future of upcycling in the fashion industry.

Upcycling in fashion - where used materials are reworked into new, unique items - has grown in popularity. It appeals to cost-conscious consumers and sustainability advocates alike, allowing access to branded items at a lower cost and reducing waste. But upcycling presents legal complexities for brands, especially regarding trademark rights. In this article Huw Cookson, Liam Blackford and Valentina Mazza provide practical takeaways for brand owners, demonstrating ways to protect their trademarks. To read the article in full, click here: https://lnkd.in/e73zkHeJ #FashionLaw #Upcycling #TrademarkLaw #SustainableFashion #BrandProtection #IntellectualProperty

👗👜👠 #Upcycling is one of the latest trends in #fashion, but how can #trademark owners protect their rights against it? In our new article I discuss with Huw Cookson and Liam Blackford the first decisions on this topic and we provide some takeaways to brand owners.