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S. 3523: Louboutin, Lululemon, and fashion design: finally getting some respect?

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • September 20 2012

A few weeks ago, the Second Circuit’s ruling in the Louboutin decision made clear that color as a trademark can be protected in the fashion industry.

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The Innovative Design Protection and Piracy Prevention Act: will fashion finally trump function in the fight for copyright protection of fashion designs?

  • Lewis Roca Rothgerber
  • -
  • USA
  • -
  • September 7 2010

On August 6, 2010, New York Senator Charles Schumer introduced a new bill entitled the "Innovative Design Protection and Privacy Prevention Act" ("IDPPA") which would amend the U.S. Copyright Act to grant certain protections to new and original fashion designs.

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The 2010 fashion bill: inching towards protection

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • December 6 2010

On December 1, 2010, the Senate Judiciary Committee agreed to send the bill titled the Innovative Design Protection and Piracy Prevention Act (S.3728) (the “IDPPPA”) to the full Senate for a vote.

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US Senate bill would extend unprecedented copyright protection to fashion designs

  • Arent Fox LLP
  • -
  • USA
  • -
  • September 21 2010

On August 5, 2010, US Sen. Charles Schumer, D-NY, introduced S. 3728, the Innovative Design Protection and Piracy Prevention Act.

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Bill designed to protect innovative fashion designs reintroduced in Congress

  • Arent Fox LLP
  • -
  • USA
  • -
  • August 2 2011

On July 13, 2011, US Representative Bob Goodlatte, R-VA, introduced H.R. 2511, the Innovative Design Protection and Piracy Prevention Act.

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Innovative Design Protection and Piracy Prevention Act (IDPPPA) and the Innovative Design Protection Act (IDPA) what's next for protection of fashion design in the United States?

  • Venable LLP
  • -
  • USA
  • -
  • October 18 2012

The IDPPPA (H.R. 2511), a bill pending in the House of Representatives, is a proposed amendment to the Copyright Act that provides for a three-year term of protection for original elements or arrangements of fashion designs that are the result of a designer’s “own creative endeavor” and that “provide a unique, distinguishable, non-trivial and non-utilitarian variation over prior designs.”

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Design protection bill sent on for Senate vote

  • Morgan Lewis & Bockius LLP
  • -
  • USA
  • -
  • September 28 2012

On September 20, the Innovative Design Protection Act of 2012 (S. 3523) (IDPA) was reported favorably out of the Senate Judiciary Committee.

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The Innovative Design Protection and Piracy Prevention Act: will design protection be in vogue in congress?

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • August 24 2010

On August 6, 2010 Senator Charles Schumer (D-NY), introduced a bill entitled the Innovative Design Protection and Piracy Prevention Act ("IDPPPA") (S. 3728), which represents a compromise between the American Apparel & Footwear Association ("AAFA") and the Council of Fashion Designers of America ("CFDA") in an effort to afford protection to American designers for new and original fashion designs.

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The Royal Wedding and IP rights in the fashion industry

  • Diaz Reus
  • -
  • USA
  • -
  • September 13 2011

On July 13, 2011, the Innovative Design Protection and Piracy Prevention Act, (“IDPPPA”), was yet again introduced in the United States House of Representatives.

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Dressing for success: Congress's latest Fashion Bill

  • Venable LLP
  • -
  • USA
  • -
  • September 7 2011

On July 13, 2011, the so-called Fashion Bill was reintroduced into Congress, carrying the same name as its previous iterations, the “Innovative Design Protection and Piracy Prevention Act,” H.R. 2511 (“IDPPPA”).

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The necessity of protecting fashion designs in the internet age

  • White & Case LLP
  • -
  • USA
  • -
  • November 2 2010

New York Senator Charles Schumer recently introduced the Innovative Design Protection and Piracy Prevention Act, S. 3728, to create the first statutory protection specific to fashion designs.

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Senate goes fashion foward with latest version of Design Piracy Prohibition Act

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • August 10 2007

On August 2, 2007, Senator Orrin Hatch announced S. 1957, a bill intended to provide protection for fashion designs.

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Fashion designers: legally naked?

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • February 10 2012

With New York's Fashion Week upon us, the time is appropriate to examine the intellectual property protections available to some of the most prominent artists in popular culture: fashion designers.

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Spring fashion season: the time is ripe for rip-offs and the industry still awaits a remedy

  • Nexsen Pruet
  • -
  • USA
  • -
  • March 18 2013

It's March, and in Charleston thoughts turn to longer days, spring break and, relatively recently, fashion. The tents go up in Marion Square

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Fashion design piracy bill

  • Mitchell Silberberg & Knupp LLP
  • -
  • USA
  • -
  • November 22 2010

In the current lame-duck session of Congress, it is not yet clear what will happen regarding a number of pending matters.

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Fashion design bill reintroduced in Congress

  • Arent Fox LLP
  • -
  • USA
  • -
  • September 21 2012

On September 12, 2012, U. S. Senator Chuck Schumer, D-NY, introduced S.3523, the Innovative Design Protection Act of 2012.

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Fashion forward: IDPPA gains unanimous approval of Senate Judiciary Committee

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • December 6 2010

On November 30, 2010, the Judiciary Committee of the United States Senate unanimously passed the Innovative Design Protection and Piracy Act (“IDPPA”) (S. 3728), which was introduced by Senator Charles Schumer (NY) on August 6, 2010.

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Design patents post Egyptian Goddess

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • January 26 2011

It’s been two years since the Federal Circuit’s ruling in Egyptian Goddess Inc v. Swisa.

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New attempt to protect fashion designs makes headway in the Senate

  • Mitchell Silberberg & Knupp LLP
  • -
  • USA
  • -
  • November 19 2012

Congress has taken the idea of a fashion design copyright back off the cutting room floor, in an effort to create a new 3-year right of protection for fashion designs under Chapter 13 of the Copyright Act.

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Summary of the Innovative Design Protection Act of 2012

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • October 19 2012

S. 3523, the Innovative Design Protection Act of 2012, introduced into the Senate on September 10 by Sen. Charles E. Schumer (D-NY), is the latest in a series of efforts by Congress to extend intellectual property protection to fashion designs.

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Fashion in the classroom: the world's first Fashion Law Institute opens its doors

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • December 10 2010

Fordham Law School has founded the world's first Fashion Law Institute, marking a critical effort to advance the study and application of fashion law.

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Fashion police

  • Dykema Gossett PLLC
  • -
  • USA
  • -
  • October 19 2010

For decades, fashion designers have watched their new designs be quickly copied with knock-off pieces that pop up on the open market shortly after the originals appeared on runways.

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Jovani Fashion, Ltd. v. Fiesta Fashions: Second Circuit finds dress designer's copyright claim weak at the seams

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • November 29 2012

On October 15, 2012, the United States Court of Appeals for the Second Circuit issued its opinion in Jovani Fashion, Ltd. v. Fiesta Fashions , Docket No. 12-598-cv, 2012 WL 4856412, holding that the prom dress artwork of fashion designer Jovani Fashions, Ltd. (“Jovani”) lacked copyrightable elements, and thus, could not be infringed by a competitor’s design.

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New legislation proposes amendments to the Copyright Act

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • April 17 2007

Congress and in particular the House of Representatives has been very busy lately, introducing two new pieces of legislation to revise the Copyright Act.

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Apparel designs and the “metaphysics” of copyright protection

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • October 15 2014

Metaphysics is usually thought to be the province of philosophers or theologians. A recent decision by a U.S. District Court in Tennessee, Varsity

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One size doesn’t fit all

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 29 2012

Design patents, trade dress and copyrights each have different requirements, resulting in the need for a multi-faceted approach.

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Impact of the red-sole shoe case on the fashion industry

  • Locke Lord LLP
  • -
  • USA
  • -
  • September 10 2012

Ask nearly anyone in the fashion industry who has tried to get legal protection to protect apparel designs or features and you’ll quickly find that there are some who have tried, yet precious few who have actually succeded.

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Combine and conquer: how the synthesis of design patent and trade dress achieve maximum protection for your product design

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • July 7 2009

Have you ever been frustrated with free-riders?

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Color trademarks - are they protectable in the fashion industry?

  • Baker Botts LLP
  • -
  • USA
  • -
  • March 23 2012

Christian Louboutin, a French shoe designer, is well known for his luxurious collections of women’s high heel shoes with bright red outsoles.

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Schumer-Van Hollen is as much about prohibitions as about disclosure

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 12 2010

Despite its name, the DISCLOSE Act (The Democracy Is Strengthened by Casting Light On Spending in Elections Act or Schumer-Van Hollen) is as much about campaign finance bans and prohibitions as about disclosure.

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The 10 things you must know about architectural copyrights

  • Nexsen Pruet
  • -
  • USA
  • -
  • January 29 2013

Some people say that imitation is the sincerest form of flattery. However, under architectural copyright law, imitation could be a very costly

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Footwear IP protection and litigation on the rise

  • Kenyon & Kenyon LLP
  • -
  • USA
  • -
  • March 16 2009

The growing demand for high-fashion footwear means that, increasingly, companies are turning to IP legislation to protect their footwear products.

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Available opt-in for proposition 65 settlement in California: DEHP in adult fashion accessories

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • September 29 2010

We would like to alert you of a recent Proposition 65 settlement impacting the fashion industry regarding the use of DEHP in adult accessories.

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Industrial designs

  • Marks & Clerk
  • -
  • Canada, USA
  • -
  • May 6 2014

In recent years, design protection has garnered interest for protecting the appearance of a product, particularly in view of high-profile cases

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Design patents and Lululemon: a way forward in fashion?

  • Mitchell Silberberg & Knupp LLP
  • -
  • USA
  • -
  • January 18 2013

Lululemon's lawsuit against Calvin Klein and G-III Apparel, a design patent case that has been raising eyebrows since its filing in August 2012, has

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Gucci Am., Inc. v. Guess? Inc., 2012 WL 1847646 (S.D.N.Y. May 21, 2012)

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • September 7 2012

Plaintiff Gucci America, Inc. (“Gucci”) and its affiliated companies own and control the world famous GUCCI brand.

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Regulatory & legislative corporate governance initiatives

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • May 20 2009

At the Spring 2009 meeting of the Council of Institutional Investors, Securities and Exchange Commission (SEC) Chairman Mary L. Schapiro announced the SEC’s current corporate governance agenda.

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