Tag Archives: Blogophilia

Fashionably litigious

Originally posted 2010-05-26 12:48:33. Republished by Blog Post Promoter

Miss Trials is was a new blog, or sub-blog or something (I can’t make heads or tails of the navigation) on a site called Halogen Life.  [UPDATE:  This is a semblance what is looked like at first; this is what that URL looks like now — the blog is long gone. — RDC (July 2016)] It was written by Kelly Taylor — “a reformed politico, fashion writer and aspiring lead counsel for a major house of style.”

That’s her aspiration, yet she’s blogging?  Good luck with that!  Well, the blog is gone, actually.  But anyway, Kelly says said (the link is dead) that litigation is threatening to really rock the fashion business:

Not everyone in fashion supports a legal overhaul — designer Rick Owens has said he takes copycatting as a compliment. The industry, in part, thrives on knocking off garments. Unique, commercially successful designs do not come cheap. Top fashion designers can pull in millions a year for their work. One way lower market retailers keep costs down is by hiring cheaper design talent to simply translate the latest runway looks into marketable ready-to-wear pieces. Meryl Streep as Vogue editrix Anna Wintour — I mean — fictional Runway magazine editor Miranda Priestly in The Devil Wears Prada broke it down best when she tracked the origin of her assistant’s frumpy sweater from Oscar de la Renta gowns to a Casual Corner clearance bin. Frequently, the inspiration is vague, like mimicking a trendy silhouette or color. The problems arise when the line between inspiration and duplication blur.

Artistic integrity isn’t the only factor in play — exclusivity is a crucial part of the luxury industry. Sartorial snobbery is rampant in many knock-off allegations. Some designers have gone so far as to say that they don’t want plebeians affording their highly-publicized pieces — they’re to be donned by the elite of the world, not, as Versace’s CEO put it, “young girls who can put the designer handbag of their dreams on their arm with less than 300 Euros.”

Is copying a piece down to the smallest detail morally wrong? Absolutely. Should those companies be sued? Probably. But the ramifications of opening the door to a litany of design infringement suits could put a serious damper on mass-market clothing chains. Taking high fashion trends and making them affordable and accessible is nothing new in the apparel industry. Nothing can prevent designers from taking to court to defend their work, but the industry as a whole might want to be wary about eating its young.

Arguing for long-term perspective as a damper on litigation? Good luck with that, too!  Hat tip to @walterolson.

Counterfeit Chic: Knockoff News 67

Originally posted 2010-08-10 17:08:47. Republished by Blog Post Promoter

Read it and laugh. Or cry. Definitely laugh or cry.

Then read this really good article on Counterfeit Chic which stands for the proposition that designers shouldn’t use their own names on their labels. Then laugh. Or, cry.

What’s new up North

Originally posted 2014-06-17 16:41:07. Republished by Blog Post Promoter

The Canadian Trademark Blog writes about three recent trademark decisions from the Canadian courts that readers may find of interest.

Knock it off!

Originally posted 2012-01-30 15:50:24. Republished by Blog Post Promoter

And if you do, you just might make the next Counterfeit Chic “Knockoff News.” (I did!)

Couture in Court

Originally posted 2012-02-29 23:27:24. Republished by Blog Post Promoter

Fabulous filings for fashionistas — and those who just want to look like them!

What is this?

Originally posted 2009-12-28 09:00:51. Republished by Blog Post Promoter

Why, its Blawg Review #92!  Pip pip pip and how-da-ya-do!

Eric E. Johnson, “The Backbencher”

Originally posted 2009-12-11 11:48:32. Republished by Blog Post Promoter

The Backbencher



This guy’s good.

Weblog Awards are good

Originally posted 2014-02-26 09:43:45. Republished by Blog Post Promoter

The 2009 Weblog Awards

Look!  A big logo what you can link to!

If you think I should get one of these, you’re in a distinct minority.  But… maybe this year, a little less distinct?  Let’s see!  Anyway it’s a cool logo, and Kevin Aylward has done all the work.  The Law Blogs category is right here.

For Sale: Cabbage Patch Dolls, Pet Rocks

Originally posted 2005-01-04 11:01:11. Republished by Blog Post Promoter

Aha! See, the Blog Herald is asking the same question I did: Is 2005 the “Year of the Blog Backlash”?

Yaakov Menken of Cross-Currents – and my [former law firm]’s Web host – asked me why I said that I was finally going to jump on the blogging bandwagon just as the wheels were beginning to wobble sickeningly. Well, this is the first time I’ve seen anyone validate that at all. (And Lord knows how terribly hard it is to validate whatever pops into your head on the Internet.)

Of course, I also said that about real estate 15 years ago…. ten years ago… five years ago…. Nonetheless, as I said below, if you think of it as a medium — and not a trend — I think you can’t go wrong.

I guess sooner or later we’ll know if we’re early adopters, Johnnies-come-lately or whatever it is that comes in the middle.

Marty Schwimmer, old man of IP blogs, still alive

Originally posted 2012-11-07 16:48:58. Republished by Blog Post Promoter

The Trademark Blog Is Five Years Old (hat tip to Welch)! That’s the equivalent of 84 in blog years. I would never have thought he’d last this long when I first met Marty…

I was a raw recruit just being shipped to Da Nang. The year was 1969, the nasty old world was a lot crazier place than a kid from Brighton Beach could ever have dreamed, and my NCO was a grizzled, shaggy-haired Master Sergeant the other dogfaces called “Iron Hands” Schwimmer. My corporal, “Lucky” Leo Stoller, warned me to steer clear of the beady-eyed vet and his jealously-guarded, light-blue set of what the other recruits called, mysteriously, “McCarthy’s.” I soon was unlucky enough to learn why. Schwimmer didn’t just seem distant and standoffish — he was impossibly nasty, brutal beyond any trace of rationale, and he delighted in the acrid smell of battle. But no one could put together paper trademark app that could sail through the PTO like

No, it wasn’t quite like that.  How do I convey… hmm…

“You want the truth?” screamed Marty at the top of his lungs, throwing the drained cognac glass into the burning embers a full 20 feet across the room. “You can’t handle the truth!” he raged, veins popping in his forehead, the timid examining attorney cowering in the plaid wing-backed chair. Picking up the iron poker, Marty waved

No, never mind. You have to know him to love him. Congratulations, Marty!

UPDATE:   That was years ago, of course!  Thank God, Marty’s still alive, and well, and so is the Trademark Blog.