She Stole My Look — How Archaic Copyright Laws Hinder Litigation to Protect the Original Work of Fashion Designers

Left: image of a Gucci bomber jacket; Right: image of a Forever 21 model wearing a similarily-styled bomber jacket

Photo Credit: https://www.dailymail.co.uk/femail/article-4779144/Gucci-sues-Forever-21-ripping-trademark-stripes.html.

By: Caroline Smith
Junior Associate Editor, American Journal of Trial Advocacy

In a world of Instagram influencers and fashion bloggers, knock-off designer looks seem inevitable.  However, with retailer giants such as H&M, Zara, and FashionNova producing new collections seemingly overnight, how many of these designs are actually “original?” Continue reading “She Stole My Look — How Archaic Copyright Laws Hinder Litigation to Protect the Original Work of Fashion Designers”

See No Evil, Hear No Evil, Speak No Evil, Register No Evil Trademarks?: How Iancu v. Brunetti Changed Federal Trademark Law

Photo of Erik Brunetti leaving the Supreme Court of the United States after winning his lawsuit about registration of his trademark for his brand

Photo Credit: J. Scott Applewhite, Supreme Court Sides with “Subversive” Clothing Designer in First Amendment Case, The Washington Post (June 24, 2019), https://www.washingtonpost.com/politics/courts_law/supreme-court-sides-with-apparel-maker-who-said-government-violated-first-amendment-by-denying-subversive-clothing-line-trademark/2019/06/24/717eb058-968a-11e9-916d-9c61607d8190_story.html?noredirect=on.

By: Kimberly Massey
Online Editor, American Journal of Trial Advocacy

Introduction

            Trademark registration is one of a few ways trademark owners can receive federal protection for their trademarks.[1]   Continue reading “See No Evil, Hear No Evil, Speak No Evil, Register No Evil Trademarks?: How Iancu v. Brunetti Changed Federal Trademark Law”