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”

Patent Subject Matter Eligibility: Change is Coming

Colorful illustration with a blue background, an open book on a green surface and an illustrative lightbulb floating above the book with cogs attached to the filament of the lightbulb and a dotted line tracing the path.

Photo Credit: https://www.ipwatchdog.com/2018/11/23/idea-patent-invention/id=103526/

By: Whitney Lott
Articles Editor, American Journal of Trial Advocacy

Introduction  

For an invention to be patentable, the patent’s claim must be within the subject matter that is patent eligible.  Congress laid out the eligible subject matter for patenting in 35 U.S.C. § 101: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”[1] Continue reading “Patent Subject Matter Eligibility: Change is Coming”