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Articles by Milton Springut
Trade Secret Plaintiffs Beware: Suspicion May Start the Clock
Introduction The scenario is a familiar one for owners of trade secrets: a key employee departs for a competitor, and shortly thereafter, that competitor introduces a product strikingly similar to the former employer’s technology. Naturally, the former employer begins an investigation, often operating under the assumption that it can—and perhaps should—wait to file a lawsuit until it has definitive proof of misappropriation.
Combating Knockoffs: Enforcing Your Rights Without Wasting Your Budget
This is the fourth and final piece in our series on building a cost-effective program for addressing knockoffs and counterfeits when resources are limited. In parts one through three, we covered (1) how to assess and categorize the problem, (2) how to prioritize where to focus limited resources, and (3) how to make sure your intellectual property (IP) foundation is strong enough to support enforcement.
Combating Knockoffs: Building the IP Foundation Before You Enforce
This is the third part in my series on developing a practical, budget-conscious strategy for fighting knockoffs. In parts one and two, the focus was on defining the problem and then figuring out where to concentrate your limited resources. Before you chase any counterfeiters, though, you need to make sure the company actually holds the intellectual property rights you’ll rely on. Without that IP foundation, enforcement becomes slow, expensive, or sometimes impossible.
Social Media and the Law of Unintended Juror Contact
LinkedIn Imagine you are in the middle of voir dire. One prospective juror says something that raises a subtle concern — not enough for an immediate challenge, but enough to linger in your mind. During lunch, you pull up the juror’s publicly accessible Facebook page. You scroll for any red flags or mentions of the case. Then, a momentary slip, you accidentally “like” a recent post. You immediately try to undo the action, hoping the digital footprint disappears.
Combating Knockoffs: Prioritizing Your Response Strategy
This is the second article in our four-part series on developing an effective strategy to combat knockoffs and counterfeits when working with limited budgets. In Part I, we explored how to assess the scope of counterfeit activity affecting your organization, identify sources of knockoffs, and categorize them by type and the specific harms they cause your retail operation.
Creating an Effective Anti-Counterfeiting Strategy on a Tight Budget
Your product line is hot. Maybe a seasonal release is driving a spike in sales, or a new design is generating buzz on social media. That’s the good news. The bad news? Counterfeiters, knockoff artists, and copyists are everywhere—and the internet only magnifies the issue. For retailers and asset protection teams, counterfeiting isn’t just a nuisance. It’s a threat to brand value, customer trust, and revenue.
Is Your Trade Secret Complaint Sufficiently Plead, Or Is It a Blueprint for Your Adversary? | Law.com
Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Expert OpinionTrade Secrets This article emphasizes that careful trade secret disclosure is crucial in litigation. Courts vary on requirements, so companies must plan disclosures early, conduct pre-litigation audits, and use protective measures. Proper strategy helps protect secrets and improve case success.
Second Circuit Clarifies Standards for Unregistered Trade Dress Claims - A Welcome Trend Bucking the Difficulty and Uncertainty of Obtaining USPTO Registration
Two recent decisions by the Court of Appeals for the Second Circuit may foreshadow a more liberal judicial treatment of claims of unregistered trade dress at the pleading stage, providing plaintiffs with early settlement leverage if they survive motions to dismiss.
Luxury Roundtable
By Milton Springut As we step into 2024, uncertainty looms large over the luxury business, with executives preparing for a challenging year ahead. The recently released McKinsey & Co.-The Business of Fashion report, “The State of Fashion 2024” (the “Report”) sheds light on key trends that will likely shape the industry's landscape in the year ahead.
American Marketer
Milton Springut By Milton Springut The online retail landscape is not without its challenges, and the Federal Trade Commission (FTC) has recently spotlighted one such case involving Hey Dude Inc., an online shoe retailer. While the $1.95 million settlement announced in September is significant, the FTC's complaint underscores broader issues concerning retailer practices and adherence to FTC regulations.
Luxury Roundtable
By Milton Springut The online retail landscape is not without its challenges, and the Federal Trade Commission (FTC) has recently spotlighted one such case involving Hey Dude Inc., an online shoe retailer. While the $1.95 million settlement announced in September is significant, the FTC’s complaint underscores broader issues concerning retailer practices and adherence to FTC regulations.
Luxury Roundtable
Print Columns By Milton Springut This content is accessible only to members of Luxury Roundtable. We would love for you to become a member and enjoy the many benefits soon after. Please click here to enroll as a member of Luxury Roundtable. Already a member? Please log in.
Luxury Roundtable
Print Columns By Milton Springut This content is accessible only to members of Luxury Roundtable. We would love for you to become a member and enjoy the many benefits soon after. Please click here to enroll as a member of Luxury Roundtable. Already a member? Please log in.
Luxury Roundtable
Print Columns By Milton Springut This content is accessible only to members of Luxury Roundtable. We would love for you to become a member and enjoy the many benefits soon after. Please click here to enroll as a member of Luxury Roundtable. Already a member? Please log in.
Lessons for luxury brands from recent FTC action over beltmaker’s Made in USA claims
Print Columns Milton Springut is partner at Moses Singer By Milton Springut This content is accessible only to members of Luxury Roundtable. We would love for you to become a member and enjoy the many benefits soon after. Please click here to enroll as a member of Luxury Roundtable. Already a member? Please log in.
Federal Court Upholds Copyright Office Refusal To Register AI Output
On March 16, 2023, the U.S. Copyright Office published a policy statement saying that the Copyright Office would generally not register copyrights in the output of artificial intelligence. The Copyright Office invoked the traditional requirement for a work to be copyrightable that the creative authorship must be that of a human author. Stephen Thaler owns a computer system he calls the “Creativity Machine,” which he claims generated a piece of visual art of its own accord.
Federal Court Upholds Copyright Office Refusal To Register AI Output
On March 16, 2023, the U.S. Copyright Office published a policy statement saying that the Copyright Office would generally not register copyrights in the output of artificial intelligence. The Copyright Office invoked the traditional requirement for a work to be copyrightable that the creative authorship must be that of a human author. Stephen Thaler owns a computer system he calls the “Creativity Machine,” which he claims generated a piece of visual art of its own accord.
Federal Court Upholds Copyright Office Refusal To Register AI Output
On March 16, 2023, the U.S. Copyright Office published a policy statement saying that the Copyright Office would generally not register copyrights in the output of artificial intelligence. The Copyright Office invoked the traditional requirement for a work to be copyrightable that the creative authorship must be that of a human author. Stephen Thaler owns a computer system he calls the “Creativity Machine,” which he claims generated a piece of visual art of its own accord.
Federal Court Upholds Copyright Office Refusal To Register AI Output
On March 16, 2023, the U.S. Copyright Office published a policy statement saying that the Copyright Office would generally not register copyrights in the output of artificial intelligence. The Copyright Office invoked the traditional requirement for a work to be copyrightable that the creative authorship must be that of a human author. Stephen Thaler owns a computer system he calls the “Creativity Machine,” which he claims generated a piece of visual art of its own accord.
Copyright Office Declares Most AI Output Copyright Unprotectable
In recent years, artificial intelligence has emerged as a powerful tool for generating original works. The question of who owns the copyright to these works, however, has become increasingly complex. Copyright registration in the United States has traditionally been limited to human creators, but with the rise of AI-generated works, the distinction between human and machine-made creations has become less clear, leading to uncertainty around copyright ownership and register-ability.
Copyright Office Declares Most AI Output Copyright Unprotectable
In recent years, artificial intelligence has emerged as a powerful tool for generating original works. The question of who owns the copyright to these works, however, has become increasingly complex. Copyright registration in the United States has traditionally been limited to human creators, but with the rise of AI-generated works, the distinction between human and machine-made creations has become less clear, leading to uncertainty around copyright ownership and register-ability.
Louboutin walks away with a win against Amazon’s fake footwear
Columns Milton Springut By Milton Springut To read the entire article, please subscribe or sign in...
Louboutin chalks win against Amazon's fake footwear
Christian Louboutin's Loubishark sneaker with its signature red soles. Image credit: Christian Louboutin By Milton Springut The fight against counterfeit products is a never-ending battle in the luxury goods marketplace. It is, perhaps, easier than ever for consumers to find and buy knock-off merchandise on online platforms that damages the reputation and image of a brand.
In Louis Vuitton’s blue checkerboard battle, EU court rules design has not acquired trademark distinctiveness
Columns Milton Springut By Milton Springut As noted recently (see story), Louis Vuitton Malletier has failed to prevail in its seven-year battle to maintain trademark rights to its Damier Azur checkerboard trademark.
Bridalwear battle over social media is cautionary tale for eponymous brands
Legal Milton Springut By Milton Springut To read the entire article, please subscribe or sign in...
Bridalwear battle, in era of social media, is cautionary tale for self-named brands
Milton Springut By Milton Springut "What's in a name?" For centuries, luxury goods and fashion houses have donned the names of their founders and adorned their merchandise with trademarks of the same. Identifying a brand by personifying the public face behind it can be a desirable move. But a recent series of court decisions, once again, has shown that such a choice can lead to disastrous and costly results, particularly in the era of social media and influencer branding.
Stakes heightened as another Louboutin vs. Amazon referral faces off in EU court
By Milton Springut Since the emergence of ecommerce, online platforms have enjoyed an environment essentially virtually free from liability when third parties use the platforms to sell counterfeit goods. The laws surrounding this type of trademark infringement liability have, so far, provided little clarity over the issue of direct liability for digital platforms.
Another Louboutin vs. Amazon referral faces off in EU court
Milton Springut By Milton Springut Since the emergence of ecommerce, online platforms have enjoyed an environment essentially virtually free from liability when third parties use the platforms to sell counterfeit goods. The laws surrounding this type of trademark infringement liability have, so far, provided little clarity over the issue of direct liability for digital platforms.
Rejection of Cult Gaia handbag design points to high evidentiary bar for trade dress protection
By Milton Springut A recent appeal brought by Cult Gaia to protect its handbag design highlights the requirements and high evidentiary bar to clear for obtaining trade dress protection. While Cult Gaia may not be in the luxury goods space, the legal issues at the base of the appeal are the same and important for luxury goods companies to consider.
High evidentiary bar needed for trade dress protection
Milton Springut By Milton Springut A recent appeal brought by Cult Gaia to protect its handbag design highlights the requirements and high evidentiary bar to clear for obtaining trade dress protection. While Cult Gaia may not be in the luxury goods space, the legal issues at the base of the appeal are the same and important for luxury goods companies to consider.
Brands herald 2022 with new tech and legal strategies
By Milton Springut As the world approaches the two-year mark since the beginning of the COVID-19 crisis, the luxury goods industry continues to evolve in response to unprecedented disruptions in the economy that have shaped the start of the decade. The recent annual McKinsey & Co. report, The State of Fashion 2022, outlines major trends that the industry will face in 2021 and suggests strategies to deal with them.
Luxury brands enter 2022 with new tech and legal tacks
By Milton Springut As the world approaches the two-year mark since the beginning of the COVID-19 crisis, the luxury goods industry continues to evolve in response to unprecedented disruptions in the economy that have shaped the start of the decade. The recent annual McKinsey & Co. report, The State of Fashion 2022, outlines major trends that the industry will face in 2021 and suggests strategies to deal with them.
Mobile device case manufacturer makes a case for controlling branded products online
By Milton Springut Luxury goods and other fashion brands often try to control where their products are sold, limiting sales to approved authorized dealers whose high-end image complements that of the brand. But to brand owners’ consternation, genuine products often leak outside the authorized distribution chain, and then are resold at discount, including Internet, outlets. A recent trademark infringement suit brought in federal court in Colorado, Otter Products LLC v.
Of customizers and counterfeits: How genuine customized Nike sneakers can become counterfeits
Comment Legal October 1, 2021 Milton Springut By Milton Springut To read the entire article, please subscribe or sign in...
Typography company’s legal saga demonstrates difficulties of protecting creations without IP rights
Comment Legal September 20, 2021 Milton Springut By Milton Springut To read the entire article, please subscribe or sign in...
Posting photos to Instagram without a license leads to legal woes for brand
Comment Legal August 2, 2021 Milton Springut is a partner at Springut Law PC By Milton Springut To read the entire article, please subscribe or sign in...
EU high court to rule on whether Amazon liable for listing, stocking and delivering infringing items sold by merchants on its platform
Comment Legal and privacy July 26, 2021 Milton Springut is a partner at Springut Law PC By Milton Springut To read the entire article, please subscribe or sign in...
Trade secrets: What fashion and luxury brands should know
Comment Legal February 17, 2021 The World Intellectual Property Organization (WIPO) reviews various trade secrets used in the fashion industry.
As luxury adapts to pandemic, mind the legal challenges ahead
Comment Legal January 4, 2021 China is the world's fastest-growing luxury market.
Use Zoom, Lose Trade Secrets. Yikes!
Analysis As the increased use of new technologies, such as Zoom, become more popular, the security challenges become more pressing. This article discusses the challenge of securing trade secrets in a remote, work-from home environment. Milton Springut A recent Delaware Court of Chancery trade secret decision, Smash Franchise Partners, LLC v. Kanda Holdings, Inc.
Subscription perfume services are a hot new thing. But are they legal?
Comment Legal and privacy December 7, 2020 Milton Springut is a partner at Springut Law PC By Milton Springut To read the entire article, please subscribe or sign in...
Dutch court allows Nike to ban sales on Amazon
Comment Legal and privacy October 12, 2020 The Air Max 1 "Hyper Pink." Image credit: Nike By Milton Springut To read the entire article, please subscribe or sign in...
Models’ suit against Vogue, Moda Operandi: How changes in business affect a company’s legal concerns
Comment Legal and privacy September 15, 2020 The models suing Vogue and Moda Operandi allege that their images were used to promote sales of expensive, designer wares online, all without their consent and without paying them license fees.
Takeover and investment talks are fraught with peril
Comment Legal and privacy September 1, 2020 Bankrupt U.S. fashion rental company sued Urban Outfitters for allegedly stealing confidential information during M&A discussions and then later launching its own rival Nuuly rental service.
What trademark owners can learn from the Tiffany legal reversal against Costco
Comment Legal and privacy August 20, 2020 The Tiffany Setting with sustainably sourced diamonds.
Must-know basics of protecting colors as trademarks for luxury goods companies
Comment Legal and privacy July 16, 2020 Tiffany is in the box for LVMH.
Must-know basics of trade dress law for the luxury goods business
Comment Legal and privacy July 14, 2020 Cartier's Tank Française is an updated look from the legacy of the Tank wristwatch with a chain-link bracelet. It is instantly recognizable as the product of its manufacturer.
Josie Maran cosmetics trademark case tests strategy of controlling branded product sales on Amazon
Comment Legal and privacy July 10, 2020 Los Angeles-based Josie Maran alleges that an unauthorized dealer has been selling its cosmetics products on Amazon, even though its policy is that sales by an unauthorized dealer voids its warranty.
Altering famous logos for social distancing: What does it do to your trademark rights?
Comment Legal and privacy July 6, 2020 Many brands played with the spacing in their logos to denote social distancing in the COVID-19 By Milton Springut To read the entire article, please subscribe or sign in...
Sohm v. Scholastic Inc. decision points to cost-effective ways to register copyrights
Comment Legal and privacy June 30, 2020 Milton Springut is a partner at Springut Law PC By Milton Springut To read the entire article, please subscribe or sign in...
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