In this instance, I genuinely hate to say "I told you so" -- and I'm hoping that, in the end, I won't have to.
The full Complaint initiating the suit is posted here.
Recall my essay, "Trademark Law and the Prickly Ambivalence of Post-Parodies," published by the University of Pennsylvania Law Review Online in August. Here's my abstract:
NEW ESSAY: "Trademark Law and the Prickly Ambivalence of Post-Parodies" (to be published in U. Pa. L. Rev. Online in August)
The team behind LAW OF FASHION is on a sort of summer research sabbatical (hence the lack of posts over the past several weeks.)
But LOF had to resurface to bring you a new essay, "Trademark Law and the Prickly Ambivalence of Post-Parodies" (analyzing fashion designs of the sort pictured below), slated to be published by the University of Pennsylvania Law Review Online this August. You can download the most recent working draft of the piece at the Social Science Research Network. Feedback always welcome!
Complete slideshow: "Harmless Fun or Trademark Dilution/Infringement? Fashion 'Parodies' of Luxury Brands and Goods" (revised)
Thanks so much to ICLE and the Michigan State Bar Association's Intellectual Property Section for the invitation to present! Slideshow after the jump...
Ridiculous trade-dress-as-proxy-for-proper-but-unavailable-IP-protection lawsuit of the day: Swatch AG v. Target Corp.
I think not...
My unprintable musings on the "tentative ruling" in AbbVie v. Kitson (a/k/a the "Vicodin jerseys" case)
A reporter recently asked for my views on AbbVie v. Kitson (a/k/a the "Vicodin jerseys" case -- complaint available here, current docket available here), in which Judge Consuelo B. Marshall of the U.S. District Court for the Central District of California has issued a "tentative ruling" in favor of the plaintiff. You might recall that the pharmaceutical company AbbVie filed suit late last year to stop the sale of the shirt on the right:
My response to that reporter ended up being quite a bit longer and more theoretical than I had planned. Since there's no way the majority of that commentary will be printed, I've decided to post it here (in slightly modified form). Voilà:
Federal court: The term "Tiffany setting" might be generic, and the question is (probably) one for a jury (+ AmLaw gives me ink)
Yep, that sounds about right.
LAW OF FASHION sends a hearty "thank you" to Jan Wolfe, reporter at The Litigation Daily (an American Lawyer publication), for giving me some "told you so" props in his article, "Will Tiffany Regret Suing Costco?", which examines Judge Laura Swain's recent decision in the Tiffany v. Costco case.