Did BCBG Max Azria really "win" its case against Stretta Moda over a "bandage dress knockoff"? Well, yes and no...
Over the past two weeks, multiple media outlets have reported that BCBG Max Azria "won" its lawsuit against Stretta Moda over the alleged infringement of trade-dress rights in BCBG's Hervé Léger "Bandage Dress." (See, for example, Women's Wear Daily, "BCBG's Group Wins Trademark Suit in L.A." (May 10, 2013).)
ABA CLE: "Copyright Trolls Are Never in Fashion: Strategies for Fighting Meritless Infringement Lawsuits" (5/24, 12-1:30 pm EDT)
The American Bar Association has an exciting CLE coming up -- at least, it's exciting to me (though, to be fair, I'm speaking on the panel.) Here's the main registration page for the event, entitled "Copyright Trolls Are Never in Fashion: Copyright Infringement Suits and Strategies for Fighting Back."
For your convenience, I've compiled the relevant information here:
Friday, May 24, 2013
12 pm (EDT) to 1:30 pm
1.5 CLE credits in approved states
Format: Live webinar/teleconference
A somewhat haphazard sampling of reactions to the Second Circuit's recent pro-fair use ruling in Cariou v. Prince
Here is a somewhat haphazard sampling of reactions to the Second Circuit's recent decision in Cariou v. Prince. If any important, notable, and/or especially insightful commentary has been left out -- as I'm absolutely certain is the case -- feel free to suggest additions by e-mailing me at ccolman (at) lawoffashion (dot) com.
Center for Art Law (Ariel Greenberg): Appropriate Standards in Appropriation Art? Cariou v. Prince Decision Garners Relief but Fails to Provide Substantive Guidance
Cariou v. Prince: An important victory for fair use, but one that highlights how irrelevant the Section 107 factors have become
[Like everything on LAW OF FASHION, this post is for entertainment and informational purposes only, and does not constitute legal advice or create an attorney-client relationship among any individuals or entities. Any views expressed in this post or at the linked web pages are those of the relevant writer(s) on a particular date, and should not necessarily be attributed to Charles Colman, his law firm, or its agents or clients. Neither the writer of this post nor LAW OF FASHION (or any person or entity associated with it) can or will warrant the thoroughness or accuracy of the content here or at the cited sources.]
Although the LAW OF FASHION LinkedIn group is active as ever, you've probably noticed that this blog has been pretty quiet lately. That's because this writer, one Charles Colman, has been hunkered down for the past few weeks, putting the finishing touches on the initial installment of his treatise, Colman on Fashion Law (LexisNexis-Matthew Bender). This first volume deals with copyright law; sections on trademark and patent will follow next year, exploring the fashion-specific aspects of each body of law. After that... well just you wait! (You might recall my saying something about a book for Oxford University Press. Yes, this started off as that project... then this happened.)
My Law360 piece: "Post-Kirtsaeng, 'Material Differences' Between Copyright and Trademark Law's Treatment of Gray Goods Persist"
Charles E. Colman
(first published in Law360 on April 4, 2013)