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 -- and sharing with friends and colleagues, especially those of the law-school appointments-committee-member variety -- always welcome!
Complete slideshow: "Harmless Fun or Trademark Dilution/Infringement? Fashion 'Parodies' of Luxury Brands and Goods" (revised)
While I don't have audio to share with you, here is the visual component of the presentation I gave at the Kellogg Center on the campus of Michigan State University this past Monday, March 24th. (I've made some revisions, including the addition of explanatory text where lack of a verbal explanation would make the presentation difficult to follow. For a full-size version of the slideshow, go to Scribd; to download the presentation, go to SSRN.)
Thanks so much to ICLE and the Michigan State Bar Association's Intellectual Property Section for the invitation to present! Slideshow after the jump...
Jewelry-industry trade publication JCK Magazine quotes attorney Charles Colman extensively on the subject of knockoffs
This writer has represented various jewelry designers whose work has been knocked off by others, so I know a thing or two about the problem. JCK Magazine, the leading trade publication for the jewelry industry, sought out my advice for its March 2014 issue, which contains an informative article entitled "Clone Wars":
The full text of the article also appears on the JCK website, under the alternative title "How Retailers and Designers Can Guard Against Knockoffs." The piece contains a list of cautionary bullet points, which the article's writer boiled down from our Q&A on the topic of knockoffs:
Ridiculous trade-dress-as-proxy-for-proper-but-unavailable-IP-protection lawsuit of the day: Swatch AG v. Target Corp.
I think not...