Welcome to Fashion Law Network! I am a USPTO registered patent and trademark attorney. This is a weekly podcast where I will be discussing fashion related legal news and lawsuits. Enjoy and thank you for listening!
Give Me GIVENCHY
This episode is all about the French luxury Givenchy fashion house. I begin with some brief history of the fashion house including how LVMH acquired the Givenchy company in the mid 80’s. Then I discuss patent and trademark law in relation to Givenchy focusing on trade dress which is a form of trademark law that I have not yet discussed on this podcast series. Finally, I illustrate how trade dress may be used in a fashion context by discussing and analyzing the trade dress infringement lawsuit of Givenchy v. BCBG Max Azria. Enjoy and thank you for listening!
1. Givenchy S.A. v. BCBG Max Azria Group, Inc. CV10-8394 (C.D. Cal. 2010)
The Evolution of Tom Ford
This episode is all about fashion designer, director and style legend Tom Ford. I begin with a brief biography and history of Tom Ford's career. Then I provide a legal analysis of the trademark infringement case Chadwick McQueen v. Tom Ford International LLC over a Tom Ford shawl collar cardigan. Finally, I discuss and analyze how Tom Ford's counsel was able to register a trademark for Tom Ford's famous and controversial perfume name "fucking fabulous" overcoming the scandalousness provision of Section 2(a) of the Lanham Act including a discussion of the recent landmark Supreme Court decision in Iancu v. Brunetti. Enjoy and thank you for listening!
1. Chadwick McQueen v. Tom Ford International LLC (2:19-cv-04074) (C.D. Cal. 2019)
2. Iancu v. Brunetti, No. 18-302 (U.S., June 24, 2019)
Don't Get SLAPPED Around
This episode is all about the application of Anti-SLAPP laws on a few high-profile entertainment and fashion industry lawsuits including in connection with the recent case of dbleudazzled, LLC v. Khloe Kardashian and Good American. This is a special episode featuring an interview and discussion with Mike Trauben, an entertainment attorney in Beverly Hills, who is well-versed in this field of law and has litigated some really high profile anti-SLAPP law cases. Enjoy and thank you for listening!
1. Special Guest: Mike Trauben is a partner at the Beverly Hills law firm www.singhtraubenlaw.com
2. dbleudazzled, LLC v. Khloe Kardashian and Good American, LLC, 20STCV20510 (Cal.Sup.)
3. James Bellino et al. v. Tamra Judge et al., 30-2018-01008497
Social Media Shopping, Patents and Lawsuits
Is social media the future of shopping? On this episode I discuss how social media is changing the way we shop, with a focus on Instagram. I discuss and analyze a few recent relevant utility patents owned by Instagram/Facebook and then go over a few lawsuits involving Instagram and influencers such as Conditi v. Instagram, LLC et al and Amazon.com, Inc. v. Fitzpatrick et al. Enjoy and thank you for listening!
1. Brittany Conditi, et al. v. Instagram LLC, et al., Case No. 3:20-cv-06534-AGT (N.D. Cal. 2020)
2. Amazon.com, Inc. v. Fitzpatrick et al, 2:20-cv-016622 (W.D. Wash. 2020)
3. Eva’s Photography, Inc. v. Fendi North America, Inc., 1:20-cv-03331 (S.D.N.Y. 2020)
4. Swedishandstylish LLC v. Christian Dior, Inc., 1:20-cv-02099 (S.D.N.Y 2020)
Brexit Fashion Law Breakdown
This episode is all about the impact of Brexit on intellectual property and fashion law. This is a special episode featuring an interview and discussion with U.K. fashion lawyer and author, Rosie Burbidge. Rosie wrote the book titled, European Fashion Law. We discuss and analyze the various changes to trademarks, patents and copyrights due to Brexit among other issues. Enjoy!
1. Special Guest: Rosie Burbidge : Author of European Fashion Law: A Practical Guide from Start Up to Global Success and she is a partner at the law firm www.gunnercooke.com
2. Freddy SPA v. Hugz Clothing Ltd & Ors (2020) EWHC 3032 (IPEC)
Fashion X Street Art
This episode is all about the interplay of fashion and street art and the various intellectual property issues that may arise. I discuss and analyze a few interesting lawsuits involving artists Mr. Brainwash and Banksy. At the end of the episode I discuss a recent landmark lawsuit which awarded $6.75 million to street artists when their work was whitewashed off the exterior of a warehouse complex in New York.
1. Amusement Art, LLC v. Life Is Beautiful, LLC et al, 2:2014-cv-08290 (2019)
2. Banksy v. Full Colour Black
3. Castillo v. G&M Realty L.P., No. 18‐498‐cv (2020)