Upcycling in Fashion: Navigating Trademark Concerns and the Need for Clearer Guidelines
A concise exploration of upcycling in fashion – an innovative yet potentially infringing practice. The post examines the importance of upcycling in a throwaway culture with its environmental impact. It also considers legal protections for luxury brands and the tension between safeguarding those rights and fostering innovation for smaller creators.
<em> Tribe of Two, LLC v. Vidal </em>
The Federal Circuit affirmed the Trademark Trial and Appeal Board’s decision in Tribe of Two, LLC v. Eritaj Design Corporation dismissing Tribe of Two’s opposition to Eritaj’s Trademark.
Is Fast Fashion Destroying the Industry?
Fast-fashion companies have been using other designers’ clothing and accessories, recreating the items, and selling them at a much lower price. While trademark and copyright law are sometimes helpful in addressing these issues, the world has started to see a shift in how companies are addressing this problem.
Cybersquatting Back on the Rise
Cybersquatting persists globally, challenging corporations and trademark holders. This practice spurred legal developments like ACPA and UDRP. As major companies implement proactive policies, new challenges emerge with gTLDs, typosquatting, and blockchain domains. Balancing trademark protection and online innovation remains crucial as digital landscapes evolve and require adaptation in practice and in law.
Redefining GI Distinctiveness to Aid Consumer Protections and Cultural Cooperation
This blog aims to address current issues facing foreign Geographical Indicator (GI) trademark recognition by the USPTO. It also seeks to explain why the USPTO should adopt a wider stance and recognize foreign GI marks more readily.
With Weight Loss Drugs in High Demand, Trademark Litigation Targets Counterfeits
Novo Nordisk and Lilly, two pharmaceutical giants behind the blockbuster diabetes and obesity drugs Ozempic, Wegovy, Mounjaro, and Zepbound (Ozempic, et al.), currently find themselves embroiled in legal battles with wellness centers, medical spas, and compounding pharmacies. Both companies are taking action to protect their trademarks and intellectual property. Despite being separate companies, the key trademark-related legal concerns they face have significant overlap.
Cybersquatting and Large Corporations
There has been recent legal action on behalf of Adidas, as a company not in possession of the Adidas trademark created a domain using the Adidas name and was selling counterfeit Adidas goods. Creating and using a domain name with false intent with a trademark that is owned by another is known as cybersquatting, which is what was being done with the Adidas trademark in this case. Cybersquatting claims have also been made by the company behind the online retailer Temu.
Steamboat Willie Enters Public Domain
On January 1, 2024, Steamboat Willie from Walt Disney Animation Studios entered the public domain. Disney successfully extended copyright through lobbying, but recent laws led to its expiration. Horror adaptations of Steamboat Willie are planned. Despite concerns, Disney's brand and trademark protections likely shield it from significant harm.
<em> Naterra Int’l, Inc. v. Bensalem </em>
The Federal Circuit vacated the Trademark Trial and Appeal Board’s denial of Naterra’s cancellation petition because the Board erred in their decisions regarding the first and third DuPont factors.
The Rx for Counterfeit Drugs: Protecting Pharma’s Patents and Trademarks
Gilead Sciences Inc. and Janssen Pharmaceuticals have accused Safe Chain Solutions of distributing counterfeit HIV medications. Safe Chain's unauthorized use of trademarks not only poses major public health risks, it also undermines pharmaceutical brands' integrity, emphasizing the need to protect intellectual property and trademarks in the healthcare industry.
No Redemption for This Whiskey Bottle
Diageo, brand owner of Bulleit bourbon, recently defended its victory against W.J. Deutsch & Sons, owner of Redemption whiskey. The lawsuit claimed that the round shouldered “canteen-style” bottle utilized by Redemption was similar to the designed used by Diageo.
<em>Great Concepts, LLC v. Chutter, Inc.</em>
In Great Concepts, LLC v. Chutter, Inc., Chutter challenged the validity of Great Concept’s mark, claiming “DANTANNA’S” confuses their mark “DAN TANA,” challenging incontestability, and arguing that “DANTANN’S” was obtained by a false affidavit, so Great Concept’s mark is therefore fraudulent.
<em>Galperti, Inc. v. Galperti S.r.l.</em>
The Federal Circuit vacated the Trademark Trial and Appeal Board’s dismissal of Galperti Inc.’s fraud charge against Galperti S.r.l., because Galperti Inc. did not need to establish secondary meaning or privity in demonstrating their competitors’ claim’s falsity.
<em>Actelion Pharms. LTD v. Mylan Pharms. Inc.</em>
The Federal Circuit Court issued a precedential decision vacating the District Court for the Northern District of West Virginia’s claim construction order and remanded the case to consider extrinsic evidence and its impact on claim construction.
Bolstering Brand Association: Preventing Loss of Trademarks to Genericization
One major concern with successful trademark use, especially in the social media age, is that trademark protections will diminish due to genericization, which is common usage of a mark by the public that is unassociated with the brand. By taking protective measures, including early trademark enforcement and carefully-worded advertising, companies can mitigate and manage risk associated with trademark genericization.
It’s Barbie’s World. Burberry’s Just Living in It.
Burberry and Mattel, maker of Barbie, recently settled a U.S. trademark dispute arising from Burberry’s application for registration of the mark “BRBY”, as Mattel withdraws its Opposition Notice and Burberry’s abandons its registration application.