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!
Chanel vs. The Secondary Market
27:35And just like that...I'm back with season 4 of the podcast series! This episode is about yet another trademark infringement lawsuit Chanel is embroiled in involving a secondary market reseller, an independent US based jewelry company which was selling jewelry using repurposed Chanel buttons. I also discuss the first sale doctrine and the various patents and trademarks that the Chanel fashion house owns. Episode Notes: 1. Chanel, Inc. v. Shiver and Duke, LLC, et al., 1:21-cv-01277 (SDNY).
26:50This episode is all about the Prada fashion house. I begin with some history of Prada, then discuss the interesting patents and trademarks owned by Prada and then discuss and analyze a European trademark infringement case involving the Prada trademark and an Indonesian company seeking to trademark “The Rich Prada”. Finally, I discuss and analyze an unusual ongoing lawsuit that Prada is embroiled in , Caporicci v. Prada, concerning a battle over alligator hatchlings. Episode Notes: 1. Prada SA v EUIPO, T-111/16, Judgment of 5 June 2018, EU:T:2018:32 2. Caporicci U.S.A. Corp. v. Prada S.p.A. et al, 1:18-cv-20859
All Things NFT (through the lens of a patent lawyer)
40:48This episode is all about NFT, non-fungible tokens featuring a special guest, California based patent attorney and NFT legal expert, Irene Lee. For the past 20 years she has focused her practice on all aspects of intellectual property, including patent, trademark, copyright, trade secret, and right of publicity. I begin the episode with a brief definition of key NFT terms and then discuss my journey into the NFT purchasing landscape. During my discussion with Irene we learn about the various intellectual property law implications in relation to NFTs among many other NFT topics, such as fashion NFTs and tips for artists who may be interested in entering the NFT landscape. Enjoy and thank you for listening!
LVMH, Tiffany's, Mergers and Acquisitions Oh My!
22:36This episode all about mergers, acquisitions and the recent LVMH/Tiffany acquisition. This is a special episode featuring an interview and discussion with Laura Noroski, a corporate transactional attorney in Orange County, California who is well-versed in merger and acquisition law. Enjoy and thank you for listening! Episode Notes: 1. Special Guest: Laura Noroski is a partner at the Orange County law firm, Garcia Rainey Blank & Bowerbank LLP and owner of www.mylawpal.com 2. Agreement and Plan of Merger: www.sec.gov/Archives/edgar/data/98246/
Celine v. Celine
25:57This episode is all about the Celine fashion house. I begin with some brief history of the fashion house which started back in 1945, with a focus on the controversy when creative director Hedi Slimane took the helm in 2018. Then I discuss some brief patent and trademark law and how it relates to the Celine fashion house and at the end of the episode I provide a discussion and analysis of a famous French trademark infringement lawsuit when luxury fashion house Celine sued another company also named Celine in Nancy, France. The Celine in Nancy, France was selling clothing under the store name Celine. I think the conclusion in that case may surprise you! Enjoy and thank you for listening! Episode Notes: 1. Céline SA v Céline SARL
Survival of the Fittest: Retail Edition
22:41This episode is all about the natural selection process in the retail industry. I focus my analysis on one endangered species in particular, the shopping mall. I begin with some background information and history on American shopping malls and discuss a few recent mall lawsuits. Then I discuss general bankruptcy law and provide a recent timeline of various major retailer bankruptcies.
Manolos at Marshalls?
28:42This episode is all about off price retailers! I begin with a discussion of the TJ Maxx family of stores (TJ Maxx, TK Maxx, Marshall's etc.) and how some major luxury designer merchandise from brands like Manolo Blahnik, Gucci, Fendi, Saint Laurent end up for sale there at a major discount. I also discuss other off price retailers like Last Call by Neiman Marcus. At the end of the episode I discuss and analyze the class action lawsuit Rubenstein v. The Neiman Marcus Group LLC which alleged that Neiman Marcus “labels its Last Call clothing with a tag that shows a markedly lower price from the 'Compared to' price which corresponds to the price that appears to be used in traditional Neiman Marcus retail stores". Enjoy and thank you for listening! Episode Notes: 1. Rubenstein v. The Neiman Marcus Group LLC, 2:14-cv-07155 ( C.D. Cal. 2014)
Give Me GIVENCHY
33:10This 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! Episode Notes: 1. Givenchy S.A. v. BCBG Max Azria Group, Inc. CV10-8394 (C.D. Cal. 2010)
The Evolution of Tom Ford
22:14This 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! Episode Notes: 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
39:50This 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! Episode Notes: 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