On January 25, 2023, Nike Inc. sued Japanese fashion brand, A Bathing Ape (also known as BAPE), in New York federal court for allegedly copying some of its most famous shoes. In asserting trademark infringement and dilution claims, Nike alleges that BAPE’s current footwear business “revolves around copying Nike’s iconic designs,” and that some of
Whether you’re interested in protecting a well-established brand or you’re starting a new business, filing a trademark application can be a very exciting and positive step toward protecting your intellectual property. While trademark protection is an appealing prospect, the application process can be tricky. There is often the risk that the United States Patent and
Trademarks, and the rights of trademark holders, are commonly misunderstood. Many business owners want to know the advantages of federally registering a mark. What Is a Trademark? A trademark is a word, phrase, symbol or design (or a combination of those things) that identifies and distinguishes the source of certain goods or services. Essentially, a trademark is used to
You and your bandmates have been gigging for years and you’ve built up your fanbase. You’re finally offered a coveted spot at a sold-out festival when you learn another band playing the festival has the same name as your band! Unfortunately, this situation is all too common but luckily, it is also completely avoidable. Whether
In November 2022, Vogue Magazine publisher, Condé Nast, filed a lawsuit in New York federal court against renowned rap artists Drake and 21 Savage. The complaint alleges trademark infringement, counterfeiting, false advertising and other claims over the artists’ use of Vogue’s trademark in the promotion of their new joint album. The album, titled “Her Loss,”
If you have invested in building and marketing your brand, you do not want others to be able to use and profit from your work. Trademark law provides important protections to brands. Generally, third parties cannot use a trademark without the owner’s permission (such as obtaining a trademark license). However, not every unauthorized use constitutes trademark infringement. In
Few names in the world of fashion are as ubiquitous as Chanel. Except for perhaps Dior or Prada, the brand and its iconic logo, comprised of interlinked Cs for its founder, Coco Chanel, are easily recognizable. Easily recognizable, too, is the Chanel No. 5 fragrance, bottled in a clear rectangular glass container with a matching
Fashion lines come in all shapes and sizes: from those created by celebrities, to lines conceived by up-and-coming designers, to those crafted by established fashion houses. While fashion is a creative and artistic industry, it is still important for designers to know the fundamentals of starting a new business. If you’re thinking of starting your own
Iconic fashion brand, Cartier, is debatably most famous for its LOVE Bracelet. Cartier has translated this design to rings, necklaces and earrings that sell for thousands of dollars. Recently, according to Cartier and Amazon, fake versions of this fine jewelry were illegally marketed and sold through a sophisticated web scam. Amazon and Cartier claim that
If you are a Florida business owner and someone infringes your trademark, you may be able to sue in federal or state court. To file a claim for trademark infringement in Florida state court, you must meet several requirements, including registering your trademark in the state and establishing the elements of a valid cause of
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