Fashion Faux Pas – Copiers Beware! Supreme Court Strengthens Copyright Protection

On March 22, 2017, the United States Supreme Court issued a much-anticipated opinion in Star Athletica, LLC v. Varsity Brands, Inc.  At issue was whether the surface decorations on cheerleading uniforms are copyright eligible, even though the shape of the uniforms are useful articles, and not copyright eligible. This legal issue has particular significance to …

Seriously: One can use another’s trademark on products to make a joke.

Defendant makes cheap looking handbags with the phrase MY OTHER BAG…affixed to one side and an image of a Louis Vuitton bag featuring its famous design pattern on the other side Louis Vuitton sued the Defendant alleging its pattern mark is famous and that the use of this pattern by the Defendant on a handbag …

A non-trademark can prevent the registration of someone else’s trademark.

The Applicant filed for the marks CURVEE and CURVEY and CURVEEY for a variety of clothing items. The TTAB refused registration based on CURVY, also for clothes, but existing on the Supplemental Register, not the Principal Register. At the outset, the TTAB determined that CURVEE and CURVEY and CURVEEY were for all practical purposes equivalent …

Simply adding a design element to someone else’s trademark almost always leads to trouble

Applicant applied to register the following Logo for clothes and headwear: The TTAB denied registration claiming that the “COOL” (albeit stylized) portion of the mark was dominant and that it was likely to be confused with an existing trademark registration for COOL!, also for clothing. While the design component of a trademark can be the …