We've got a live one, here: Chanel sues What About Yves over post-parodic shirt [UPDATE/DISCLOSURE]

Posted by Charles Colman

In this instance, I genuinely hate to say "I told you so" -- and I'm hoping that, in the end, I won't have to.

Vogue, following up on a post at The Fashion Law, reports that Chanel has sued What About Yves over this shirt:






The full Complaint initiating the suit is posted here.

 

Recall my essay, "Trademark Law and the Prickly Ambivalence of Post-Parodies," published by the University of Pennsylvania Law Review Online in August.  Here's my abstract:

NEW ESSAY: "Trademark Law and the Prickly Ambivalence of Post-Parodies" (to be published in U. Pa. L. Rev. Online in August)

Posted by Charles Colman

The team behind LAW OF FASHION is on a sort of summer research sabbatical (hence the lack of posts over the past several weeks.)

 

But LOF had to resurface to bring you a new essay, "Trademark Law and the Prickly Ambivalence of Post-Parodies" (analyzing fashion designs of the sort pictured below), slated to be published by the University of Pennsylvania Law Review Online this August.  You can download the most recent working draft of the piece at the Social Science Research Network. Feedback always welcome!

 

 

 

Complete slideshow: "Harmless Fun or Trademark Dilution/Infringement? Fashion 'Parodies' of Luxury Brands and Goods" (revised)

Posted by Charles Colman

Thanks so much to ICLE and the Michigan State Bar Association's Intellectual Property Section for the invitation to present!  Slideshow after the jump...

 

Charles E. Colman, "Takeoffs, Takedowns, and Trademarks"

My unprintable musings on the "tentative ruling" in AbbVie v. Kitson (a/k/a the "Vicodin jerseys" case)

Posted by Charles Colman

A reporter recently asked for my views on AbbVie v. Kitson (a/k/a the "Vicodin jerseys" case -- complaint available here, current docket available here), in which Judge Consuelo B. Marshall of the U.S. District Court for the Central District of California has issued a "tentative ruling" in favor of the plaintiff. You might recall that the pharmaceutical company AbbVie filed suit late last year to stop the sale of the shirt on the right:

 

 

 

 

 

My response to that reporter ended up being quite a bit longer and more theoretical than I had planned. Since there's no way the majority of that commentary will be printed, I've decided to post it here (in slightly modified form). Voilà:

 

Federal court: The term "Tiffany setting" might be generic, and the question is (probably) one for a jury (+ AmLaw gives me ink)

Posted by Charles Colman

Yep, that sounds about right.

LAW OF FASHION sends a hearty "thank you" to Jan Wolfe, reporter at The Litigation Daily (an American Lawyer publication), for giving me some "told you so" props in his article, "Will Tiffany Regret Suing Costco?", which examines Judge Laura Swain's recent decision in the Tiffany v. Costco case.

Wolfe reports: