By: Kelsey Shaughnessy We are constantly surrounded by brands, and their names, logos, and product packaging, in our daily lives. Brands use their trademarks to get our attention, shock us, and create humor, to be memorable to a consumer. Trademarks are vital to brand identity; encompassing tangible and intangible elements, like the history and personality,… Read More Trademark Tacking: The Continuum of Brand Identity
By: Grace Drost “Very demure, very mindful, very cutesy”. If you have been on social media at all this past month, or are subscribed to any company promotional listserv, it is likely this saying is not new to you. This is thanks to TikTok creator Jools Lebron whose fun video describing work appropriate hair and… Read More Navigating Trademark Challenges in the Age of Viral Trends: Jools Lebron’s Race Against Time
By: Kelsey Shaughnessy Crayola’s Chief Executive Officer Pete Ruggiero recognized the significance of the peculiar, yet memory-inducing smell of Crayola crayons when he obtained a scent trademark from the US Patent and Trademark Office (USPTO) in July 2024, after a six-year legal battle. Described as “slightly earthy soap with pungent, leather-like clay undertones,” Ruggiero envisions… Read More A Scent of Hesitation: Navigating Ambiguity With Scent Trademarks
By: Kaylie Scalze In the wake of a recent legal win for luxury brands, resale sites, and authenticators are looking to find new ways to fortify the authentication process for reselling luxury brand products. In March 2018, luxury fashion Brand Chanel sued luxury resale brand What Goes Around Comes Around (“WGACA”) for a laundry list… Read More Technology and the Fight Against Luxury Fashion Counterfeiting
By: Bryan Sicard As artificial intelligence (AI) becomes increasingly accessible to the general public, it is being used not only as an artistic novelty but has also shown itself capable of being used to fill voids in artistic markets. This has resulted in AI being directed to create poems and literature, songs, scripts, and… Read More Art in the Digital Age: the Limited, but Real Value of Intellectual Property Rights in AI-made Artwork
By: Lily Keene Non-fungible tokens (“NFTs”) are assets that have been tokenized through a blockchain and cannot be replicated. The tokens are distinguished from each other by unique identification codes and metadata. They represent digital or real-world items like artwork and real estate. NFTs can be traded and exchanged for money, cryptocurrencies, or other NFTs.… Read More Birkins vs. MetaBirkins: Trademark Infringement in the Digital Sphere
By: Annabelle Hentz Industry giant and household name Nike, Inc. has filed a lawsuit against online sneaker retailer StockX in the U.S. District Court for the Southern District of New York. Nike is claiming trademark infringement and unfair competition based upon the unauthorized use of the Nike mark in StockX’s Vault Non-Fungible Token (“NFT”) Collection. NFTs… Read More Sneaker Wars: New World Advertising or Old School Trademark Infringement
By: Annabelle Hentz Resident “cool girl” Hailey Bieber launched her first ever skincare line, “rhode,” this past summer. While her launch was met with excitement from her almost 50 million Instagram followers, it was also welcomed with a trademark infringement lawsuit. Less than a week after its launch, New York based fashion line RHODE (herein “RHODE-NYC”),… Read More Hailey Bieber: On the Rhode to Continuing Trademark Infringement
This blog is about the patent liability ramifications of 3D printing medical devices during the global pandemic.… Read More 3D Printing: Rectifying a Global Pandemic with the Push of a Button
By: Briana Polan Trademark protection has afforded producers the ability to provide source-identifying marks in order to reduce customer search costs in the marketplace. In many cases, a company will seek trade dress protection, a companion of trademark, which protects packaging or appearance of products. As with any law, various industries tend to benefit… Read More Hope for Fashion? Converse Attacks “Knock-Offs” in Trademark Infringement Case
You must be logged in to post a comment.