Moot 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…
Unpacking the Metabirkins Case: Reaffirming the Application of Rogers v. Grimaldi
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…
Can “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 decide whether…
Fashion 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: 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…
Short 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…
If copyright law won’t protect small fashion brands against copying, social media will – just ask influencer Danielle Bernstein
“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…
Fashion Designs in the Age of Coronavirus: Fashion Design Copyrights Arguments Revisited
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,…
Neiman 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…
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…