Most people believe that a trademark registration can only protect the actual brand name. However, there are several other “parts” of a brand that can and should be trademarked; for examplecolors, logos, slogans, and service marks. Generally, the word mark …
One would think that based on the Intellectual Property treaties that United States (“US”) has with several other countries, that their brands would be offered at least some sort of reciprocity protection overseas. However, this is not the case. Marks …
The three forms of Intellectual Property protection, which are Trademarks Copyrights and Patents, usually protect completely different aspects of a design, brand and overall creation. This article will discuss the foregoing differences. Federal Statute 15 U.S.C. § 1127 defines a …
Once a person or business starts using a mark in commerce, they technically have what is called a common law trademark; the protection afforded to this right is extremely limited. Hence, a common law trademark is only enforceable in the …
Usually from the day a person is born they are given a name that is used for identity purposes, in order to differentiate and recognize that specific individual. Similarly, brands and companies need to be named in a fashion that …
In order to start a business, any business, an owner must come up with a business name and/or logo, which will serve as a mark that represents the goods and/or services offered by their company. This name and/or logo should …
Many individuals and business owners believe that they will have time to file for a trademark after they have embarked on their brand’s journey. However, they fail to understand the consequences that may result from not taking proper legal steps …
As social media becomes one of the front stream platforms for growing businesses, one must understand how to protect these practices. Currently, many business owners are turning their Facebook pages into online stores or platforms for advertising and promoting brands …
Is one allowed to Solicit their business services or goods on social media? The answer is it depends; however with social media becoming one of our top marketing platforms, these legal questions are becoming more pertinent and as a result, …
Opinion Statement Some of my most valuable work experience, whether its knowledge or work ethics, came from taking on free internships during college and law school. These experiences are priceless to me today because they truly gave me the opportunity …
Most startup companies’ first legal question is what type of business entity should we form? Many professionals commonly improperly answer this question because there are many factors that shall be determined prior to choosing the appropriate business structure. This article …
My job is to advise not to criticize. Therefore, I find it very important that my advice reaches fashion entrepreneurs before theymake unnecessary mistakes. INCORPORATIONS One shall incorporate at the onset of starting their business. The reason being is that …
As per tradition, I feel the urge to blog about fashion week and the experiences that I encountered from the legal/business perspective that may have been indistinguishable to the artsy community. This season was a bit of a hassle. The …
As Carrie Bradshaw famously said, “I will literally be the old woman who lived in her shoes.” Who better to launch a shoe collection, than Sex and the City icon Sarah Jessica Parker, who is coming out with her first …
Is it money or happiness? Or is it something beyond our general understanding, or is it a combination of things. After years of observing and working with individuals of diverse backgrounds, I have learned that money has ruined many genuine …
New York Fashion Week is the time of the year when I throw on my fashionista gear and enjoy the ongoing talent of many designers, some who are known and others who are entering the fashion industry. According to my …
Today we have a guest blogger, Hamutal Ginsburg. She currently attends Pace Law School and is attempting to break into the fashion law industry. Enjoy the article everyone! Designers are always looking to other designers for inspiration in creating their …
Today we have a guest blogger, Rachel Drachman. She is not only a very intelligent woman and a mommy, she is also a Law School Graduate whom I am sure will be an amazing attorney in the near future. Some …
With my “hardly” dangling legs and exhausted aura, I decided that I must finish of fashion week strong. For the foregoing reason, I attended a few more fashion shows to show some support to the exquisite fashion designers that showcased …
On my fourth day of Fashion Week, I attended an upcoming designer’s, Edwing D’Angelo, Spring 2013 runway show. His collection made me want to move to a warm place. The bathing suits that were displayed were colorful and playful. In …
Exhausting but rewarding are the two words to describe fashion week. On the second day of fashion week, I attended the Houghton SS13 Show, which was held at the Standard hotel. With front row seats and my i-phone camera I …
The energy on the streets of New York is heavily felt during Fashion Week. The amazing fashion talents that we have showcasing their fabulous designs influences this unreal aurora. Yesterday while I was walking around the Lincoln Center, I felt …
First and foremost, I find it completely ludicrous that at such important times in our country when we should be trying to focus on finding the right leader for our nation, the wives of these runner-ups are being judged based …
The following Article has been written by a guest blogger, Stephanie Ramirez, a second year Touro Law School Student. From Capitol Hill reprimands to rogue athletes the U.S Olympic committee just can’t seem to catch a break.However, the folks up …
I guess no one is perfect. Unfortunately, not even my own favorite undergarment store Victoria’s Secret. They have been sued for $15 million by a hosiery supplier that they used to work with. The supplier claims that Victoria’s Secret has …
Everyday I hear horror stories about different industries exhausting in New York including the fashion industry. It makes no sense to me because who is more fashionable than a New Yorker? Part of being a New Yorker is having “steelo” …
When one thinks of a trademark, they think of a logo or distinct feature of a design that can cause likelihood of confusion. Can one confuse the name of a University and a fashion brand? I don’t think so. In …
Today we have a guest blogger, Michelle Scotto-Lavino. She is a Touro Law Student and the Editor in Chief of the Fashion Law Society at Touro. A recent article published in the ABA Journal (July 2011), titled “The Genuine Article,” …
What does the future hold for fashion designers and their unique creations? One can only guess based on the Louboutin v. YSL holding that the answer is nothing, nada, cinch. Instead of fashion designers obtaining more protection like other artists …
First, I would like to mention two interesting “trivia” facts that I recently learned about Christian Louboutin before entertaining you with the Complaint and Answer of Louboutin vs. YSL. (1) Louboutin has been around since 1991 and (2) Louboutin came …
On July 12, 2011, the European Union (ECJ) has ruled on, L’Oreal v. Ebay, one of the biggest cases of this year, that dealt with trademark law concerning online trade. The court in the foregoing case has ruled in favor …
On December 30, 2010, the National Assembly of Venezuela enacted a new Criminal smuggling law. This law defines “simple smuggling” as the import, export or transport of merchandise “without complying or intending not to comply with customs requisites, formalities or …
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