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Articles by Kate Saba
Penn State Brand Case Leaves Ornamentality Unresolved
By Megan Bannigan, Christopher Ford and Kate Saba ( January 10, 2025, 5:09 PM EST) -- Sample Vintage Brand t-shirt bearing Penn State marks The recent jury verdict in the closely watched The Pennsylvania State University v. Vintage Brand LLC trademark case gave brand owners a gift heading into 2025, preserving — at least for now — the $4.6 billion collegiate merchandising industry.... Law360 is on it, so you are, too.
Hermes Oran Sandals Saved From Trademark Cancellation in EU
Hermès International recently secured a partial victory in a trademark dispute before the European Union Intellectual Property Office (“EUIPO”) that saved its Oran sandals from trademark cancellation. In a decision last month, the EU agency’s Second Board of Appeal (“Board”) overturned an earlier cancellation of its stylized “H” trademark for its hot-selling Oran sandals on the basis that the design does not function as a trademark.
Hermès Pushes for Court to Toss Out “Meritless” Birkin Bags Case
In an effort to bring an end to the antitrust case waged against it over its alleged scheme to use its coveted Birkin bags to “force consumers to purchase substantial amounts of ancillary products,” Hermès lodged its latest motion to dismiss on Friday.
How Co. Are Using Branding to Reach Younger Consumers
Companies are increasingly catering to Gen Z, as this pool of consumers – aged 12 to 27 – continues to gain greater power in the market. Despite millennials and Gen X taking the title of top-spenders when it comes to personal luxury goods, Gen Z’s spending currently amounts to $360 billion (up from $143 billion a mere four years ago) and is slated to continue to increase even further in the coming years.
Italy's Market Regulator is Probing Shein for Greenwashing
The latest scrutiny for Shein is coming by way of Italy’s competition and market regulator, which is probing an entity affiliated with the ultra-fast fashion titan for allegedly attempting to covey the false “image of production and commercial sustainability of its garments.” The Autorità Garante della Concorrenza e del Mercato (“AGCM”) revealed on Wednesday that its greenwashing-centric investigation into Shein (via Styles Services Co. Limited, which manages the company’s Italian e-commerce...
What the SEC’s Case Over Keurig Recycling Claims Means
Keurig Dr Pepper Inc. has agreed to pay $1.5 million to settle a matter waged against it by the U.S. Securities and Exchange Commission (“SEC”) over recycling-centric advertising claims. In its September 10 order, the SEC charged Keurig Dr Pepper Inc. (“Keurig”) with making inaccurate statements regarding the recyclability of its K-Cup single use beverage pods in its 2019 and 2020 annual reports.
Why Are Consumers Really Buying Counterfeits?
A new study claims that consumers are buying counterfeits not just as a way to signal status for a fraction of the price – but also to “achieve a sense of social equality” in an increasingly divided market.
Gucci is Seeking $14M in Case Over Lord & Taylor Counterfeits
In its latest move to clamp down on the counterfeit luxury goods market, Gucci is seeking $14 million from Lord & Taylor, accusing the retailer of “willfully” promoting, distributing and selling counterfeit handbags, belts, and shoes bearing its famous GUCCI trademarks” and then failing to defend itself in the lawsuit that Gucci lodged against it last year.
Legal Considerations for Brand Owners
As high-profile fashion collaborations continue to steal the spotlight, it is important for brand owners to understand what opportunities, risks, and challenges such collaborations may bring in the field of trademark law. Part I of this article discussed how brand collaborations may – and, in some cases, have already started to – change the contours of how courts assess likelihood of confusion in trademark infringement cases.
Lashify Gets $30.5M in Patent Case Against Chinese Copycat Co.
A federal jury in Texas has awarded Lashify $30.5 million in lost profits after finding that Qingdao Lashbeauty Cosmetic Co., Ltd., a Chinese cosmetics manufacturer that does business as Worldbeauty, willfully infringed several of the patents related to its innovative artificial eyelash extension system.
Key Legal Considerations for Brands
Unlikely collaborations in the world of fashion are nothing new. Back in the 1930s, for instance, Italian designer Elsa Schiaparelli worked with Spanish artist Salvador Dalí to produce Surrealist dresses that took the art and fashion worlds by storm. As fashion brands increasingly expand into new territories – toys, appliances, furniture, and skincare products, to name a few – the trademark implications of cross-industry and cross-brand collaborations have become more pressing.
Does the US SHOP SAFE Act go too far in shifting liability?
Shutterstock/Andrea Izzotti In this week’s opinion column, Megan Bannigan, Christopher Ford, Kate Saba and Hannah Beattie at Debevoise & Plimpton argue that the current provisions of the US SHOP SAFE Act, while well-intentioned, go too far in shifting liability onto e-commerce sites for online counterfeiting. Register for free for limited access Register for free to receive our newsletter, view leading trademark professionals in WTR 1000 and gain limited access to subscriber content.
The SHOP SAFE Act: a sea change for counterfeiting liability in the United States?
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Understanding NFTs: Key IP Considerations For Issuers, Owners, And Investors
The past year has seen a surge of investor and public interest in non-fungible tokens ("NFTs"), a blockchain-based unique digital record of ownership that may become one of the building blocks of “web3”—the next iteration of the digital revolution, and one that is attracting billions of dollars in investment capital.
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