Social media has become a part of everyday life. As Shakespeare has written: "This news is not old enough, yet it is every day news." The minutiae of every moment is narrated through status updates. Digital photographs are taken and instantaneously posted minute-by-minute on the Internet for the world to see. This lightning fast use of social media raises new and different intellectual property challenges which have not been previously addressed by courts. On January 14, 2011, the Southern District of New York addressed a particularly interesting copyright question raised by the use of Twitpic – a service that allows users to post pictures to the Twitter microblogging and social networking website. Agence France Presse v. Morel, 2011 WL 147718 (S.D.N.Y. Jan. 14, 2011). 
 Continue Reading Tweet Me! – The Southern District of New York Answers Copyright Questions Raised By Twitter and Twitpic Use

"There’s an app for that.™” The fashion world, and indeed, the general consuming public, is well familiar with this phrase. The expression has become so ubiquitous that Apple has even successfully registered it for trademark protection. But what is the import for the fashion industry? What does "that" refer to, and what are its legal ramifications? What’s behind the simple swipe of a finger that allows consumers to sit front row at fashion shows around the world?
 Continue Reading This Season, Cover Your Apps

Online piracy and internet counterfeiting are unfortunate realities in our Information Age. On the Internet, a counterfeiter can sell consumers a pair of counterfeit Louboutins or a fake Hermes Birkin bag purchased with the simple click of a mouse. Other online pirates can sell consumers unauthorized copies of their favorite television show, movie, or music with impunity. In response to the onslaught of online counterfeiters, Senate Judiciary Committee Chairman Patrick Leahy (D-Vt) and senior Republican member Orrin Hatch (R-Ore) have introduced the Combating Online Infringement and Counterfeits Act ("COICA")(S. 3804)[1], a bipartisan bill that would give the Justice Department an expedited means to track and shut down unlawful domains devoted to the unauthorized downloading, streaming, and sale of copyrighted content and counterfeit goods. On November 18, 2010, the Senate Judiciary Committee unanimously voted in favor of COICA and sent the bill to the full Senate for consideration.
 Continue Reading The Combating Online Infringement and Counterfeits Act (“COICA”) Moves to the Senate

High fashion eyewear company Revolution Eyewear, Inc., won a total victory in a patent infringement case filed against the company and its president, Gary Martin Zelman, by Aspex Eyewear, Inc. The U.S. District Court for the Southern District of Florida granted Revolution’s motion for summary judgment of non-infringement of United States Patent RE 37,545 (‘545 patent) in Aspex Eyewear, Inc., et al. v. Marchon Eyewear, Inc., et al., No. 09-61515. The Court ruled that Aspex was legally barred from pursuing its patent infringement claims against Revolution’s bottom-mounting magnetic clip-on eyewear. The Court also granted summary judgment in favor of the other defendants, which sell bottom-mounting eyewear under a license from Revolution.
 Continue Reading Total Victory in Patent Infringement Case

As the perfume industry has blossomed into a $20 billion dollar a year business, it has encountered a formidable adversary in the form of "smell-alike" fragrances. Such perfumes are unlicensed "copies" of popular fragrances that are meant to appeal to those who wish to possess premium scents without the premium prices. Smell-alikes have achieved a significant percentage of the perfume market because there is a lack of copyright protection concerning fragrances in most countries. To combat this problem, European perfume manufacturers have been battling in court for protection of their scents for the past decade.
 Continue Reading European Copyright Protection of Fragrances is Largely a Matter of Common Scents

Abercrombie & Fitch has taken quick action to protect its signature fragrance "Fierce" against pop diva, Beyonce Knowles’ proposed naming of her forthcoming perfume by Coty, Inc. after her alter ego, "Sasha Fierce". According to the complaint for trademark infringement filed by A & F on September 19, 2009, A & F has held a registered trademark for the mark "Fierce" for fragrances since May 2003, and "Fierce" is the scent wafting from all A & F stores as it is dispersed either though a scent machine or by constant spraying of the cologne by A & F employees. The goal being that every A & F garment is infused by the citrus scent.
 Continue Reading A & F Wages a Fierce Fragrance Fight: The Battle Over Dollars & Scents

The Finnish textile and clothing company Marimekko announced recently that it reached a settlement with Dolce & Gabbana S.r.L. and Dolce & Gabbana Industria S.p.A. over the use of its trademarked Unikko floral design pattern.Continue Reading Flower Power: How Poppies Started Popping Up Everywhere and Why Marimekko Was Smart to Register its Unikko Trademark

In an age of "knock-offs," patent protection is an avenue that can be used by the fashion and apparel industry to protect products.  Every week, the United States Patent and Trademark Office grants dozens of patents on a diverse range of apparel and fashion accessories (for example, shoes, hats, handbags and clothing among other items).  Most of these patents are "design patents."  Under United States Patent Law, there are two broad categories of patents:  "utility patents," which protect the way an invention is used and works, and "design patents," which protect the ornamental appearance of a useful article.Continue Reading Patent Your Patent Leather: Patent Protection For The Fashion Industry

Piracy is not just a problem on the high seas or the internet: fashion designers have fallen victim, too.  Current copyright laws protect only the artwork of a design, such as labels, logos, prints and embroidery.  Leave off the label or change the logo slightly, and manufacturers and copy-cat designers have free reign to duplicate the cut, shape, style, and silhouette of an item of clothing or an accessory.  This widespread practice of design piracy by popular retailers is legal…for now.Continue Reading Faking It: What Designers Should Know About Piracy, Purse Parties, and Parking Lots