EU General Court (correctly) affirms denial of Community Trade Mark registration for "red-tipped shoelaces"
I've previously explained why I strongly oppose the recognition of trademark rights in a single color on articles of fashion -- say, bright red on the soles of high-heeled shoes -- so it will come as no surprise that I'm delighted by this decision by the EU General Court affirming OHIM's denial of a trademark (CTM) registration for red tips on shoelaces:
New article: "Fashion, Sexism, and the United States Federal Judiciary" (to be published in the July 2013 issue of Vestoj (UK))
This short piece (which might serve as a springboard for a more in-depth article) is slated to run in the
July October 2013 issue of the British publication Vestoj: The Journal of Sartorial Matters. Here is the abstract/first paragraph of "Fashion, Sexism, and the United States Federal Judiciary":
The U.S. federal judiciary has frequently displayed a dismissive attitude toward "fashion," while simultaneously recognizing the great economic importance of clothing. As fashion was, from the formation of the United States until at least the late 1960s, associated primarily with the female sex, while judges during this time period were almost exclusively male, one naturally wonders whether the power dynamics of gender shaped the development of the law pertaining to fashion. There is good reason to believe that this has indeed been the case.
While I encourage you to buy the upcoming issue of Vestoj, you can download my article now at SSRN.
Why Alba Footwear should pick up where YSL left off in defending against Louboutin (PLUS: I'm officially on NYU Law's faculty!)
This writer, one Charles Colman, is happy to announce that he is now *officially* an Acting Assistant Professor at NYU Law School. The proof: my faculty profile, posted here. My firm, Charles Colman Law, PLLC, remains open for business.
In other news, the World IP Review has been kind enough to quote me in three different articles over the past month:
Did BCBG Max Azria really "win" its case against Stretta Moda over a "bandage dress knockoff"? Well, yes and no...
Over the past two weeks, multiple media outlets have reported that BCBG Max Azria "won" its lawsuit against Stretta Moda over the alleged infringement of trade-dress rights in BCBG's Hervé Léger "Bandage Dress." (See, for example, Women's Wear Daily, "BCBG's Group Wins Trademark Suit in L.A." (May 10, 2013).)
ABA CLE: "Copyright Trolls Are Never in Fashion: Strategies for Fighting Meritless Infringement Lawsuits" (5/24, 12-1:30 pm EDT)
The American Bar Association has an exciting CLE coming up -- at least, it's exciting to me (though, to be fair, I'm speaking on the panel.) Here's the main registration page for the event, entitled "Copyright Trolls Are Never in Fashion: Copyright Infringement Suits and Strategies for Fighting Back."
For your convenience, I've compiled the relevant information here:
Friday, May 24, 2013
12 pm (EDT) to 1:30 pm
1.5 CLE credits in approved states
Format: Live webinar/teleconference
A somewhat haphazard sampling of reactions to the Second Circuit's recent pro-fair use ruling in Cariou v. Prince
Here is a somewhat haphazard sampling of reactions to the Second Circuit's recent decision in Cariou v. Prince (available at Scribd and embedded below.) If any important, notable, and/or especially insightful commentary has been left out -- as I'm absolutely certain is the case -- feel free to suggest additions by e-mailing me at ccolman (at) lawoffashion (dot) com.
Center for Art Law (Ariel Greenberg): Appropriate Standards in Appropriation Art? Cariou v. Prince Decision Garners Relief but Fails to Provide Substantive Guidance