Knock It Off. Attorneys for the Run-D.M.C. brand filed a $50 million lawsuit against Amazon Inc., Wal-Mart and Jet.com, to name a few, in the U.S. District Court for the Southern District of New York for trademark infringement and trademark dilution. The complaint alleges retailers are advertising, selling, manufacturing, promoting and distributing eyewear, hats, T-shirts, wallets and patches, some of which are said to use the Run-D.M.C. trademark. The lawsuit claims the products being sold “confuse the public and suggest that Run-D.M.C. endorses the products.”
Fashioning A Solution. Both state and federal law govern trademarks, and utilizing trademark law can help protect intellectual property (IP) rights and enhance a brand. Trademark law offers protection for words, symbols, patterns, prints or phrases used to identify a product. Fashion designers have been able to use trademark law to protect their brand names and logos by registering them with the U.S. Patent and Trademark Office (USPTO). The U.S. Customs and Border Protection (CBP) maintain an IP rights database for marks registered with the USPTO. IP owners can proactively record their registrations with CBP in an effort to prevent the importation of infringing products.
On Your Mark. The Federal Bar Association’s Fashion Law Seminar on Friday, Feb. 10 will highlight how to develop strategic plans for enforcing a client’s brand; managing trademark portfolios; litigating trademark infringement; and negotiating and drafting trademark licenses. Take advantage of reduced registration rates by signing up on or before Friday, Jan. 27, 2017 at www.fedbar.org/fashionlaw17!
The Lawyer Wears Prada. “Litigating a Brand: The Dual Perspective of In-House and Outside Counsel” will cover the latest trademark cases that impact the fashion industry, both from a federal courts perspective and from the Trademark Trial and Appeal Board (TTAB). Panelists, including moderator Olivera Medenica (Medenica Law PLLC), Ronald D. Coleman (Archer P.C.), Rita Odin (The Estee Lauder Companies Inc.) and John L. Welch (Wolf, Greenfield & Sacks, P.C.), will provide participants with practical insight into trademark enforcement; litigation strategies; and management of outside counsel by a brand’s in-house counsel. The Fashion Law Seminar in New York City will offer various approaches to trademark registration, preservation and protection.
Follow Suit. Register for the Fashion Law Seminar at www.fedbar.org/fashionlaw17. Law students pay only $60 and there is an observation-only rate of $75. If you are interested in fashion, business, law, licensing and trade, the Federal Bar Association’s upcoming Fashion Law Seminar is for you!
Stacy Slotnick, Esq. holds a J.D., cum laude, from Touro Law Center and a B.A., summa cum laude, from the University of Massachusetts Amherst. She performs a broad range of duties as an entertainment lawyer, including drafting and negotiating contracts; addressing and litigating trademark, copyright, patent, and other IP issues; and directing the strategy and implementation of public relations, blogging, and social media campaigns.