Pretty in Millennial Pink: Glossier’s Battle to Protect its Signature Pink Pouch
Kiana Robinson is a J.D. Candidate, 2021 at NYU School of Law. In the beauty and fashion world, color trends regularly come and go, and as soon as one color becomes “in,” it’s already on its way “out.”...
View ArticleNeiman Marcus Battling Copyright Infringement and Cultural Appropriation
With thousands of designers for consumers to choose from, designers and retail stores today are on a quest to set themselves apart through unique options. Neiman Marcus is one of those luxury...
View ArticleFashion Designs in the Age of Coronavirus: Fashion Design Copyrights...
2020 has not been a good year for anyone, but this holds especially true for fashion industries. With most people being stuck at home and zooming in from their bedroom, little incentives are left for...
View ArticleIf copyright law won’t protect small fashion brands against copying, social...
“Girl you are not going to enjoy your time here,” read a particularly prophetic comment on Danielle Bernstein’s very first Tik Tok video, published in late February. Just a few days later, she would...
View ArticleShort Musings on Tensions between Trademark Law and the Luxury Fashion Market
Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world. Ending a case that...
View ArticleMetaverse: Fashion Trademark Battles to Watch
While society cannot yet live on different planets, we continue to create parallel [virtual] realities. The most recent of them is the metaverse, and similar to what has happened to other parallel...
View ArticleFashion in the Metaverse
The announcement of Facebook’s plans to rebrand to Meta and launch its metaverse has come with many questions about the use of trademarked fashion in this new virtual world. The metaverse, which can be...
View ArticleCan “Mere Ornamentation” Blow Up Product Configuration?
In the playpen that is nonverbal marks, the game is all about whether registrants can jump the hurdle between two opposing classifications—product packaging and product configuration. Conceived to...
View ArticleUnpacking the Metabirkins Case: Reaffirming the Application of Rogers v....
On February 8th, 2023, the jury in Hermès Int’l v. Rothschild, No. 1:22-cv-00384-JSR (S.D.N.Y Jan. 14, 2022) decided that Mason Rothschild’s artistic depiction of Hermès bags in the form of NFTs titled...
View ArticleMoot Point: Have Fashion “Greenwashing” Suits Met Their End?
Calls for sustainability in every industry are growing louder with each passing year, and fashion has been no exception. This past New York Fashion Week, sustainability was a front row guest at shows...
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