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Accommodations Delayed Are Not Accommodations Denied: JPMorgan Chase Cleared in ADA Suit

In a recent decision, the US District Court for the Southern District of Ohio rejected ADA claims against JPMorgan Chase, finding that the company had reasonably accommodated the plaintiff during an extended period that included both intermittent and continuous FMLA leave. Johnson v. JPMorgan Chase & Co. No. 2:11-cv-00373-EAS-EPD (S.D. Ohio, February 6, 2013).

Federal Jury Verdict Finds Aeropostale Infringed Copyrights on Floral Textile Designs

A California federal jury determined two floral designs manufactured into garments imported by Ms. Bubbles Inc. and sold in Aeropostale stores, infringed copyrighted designs of a snowflake and a rose owned by Plaintiff LA Printex. The Defendants argued the textile designs lack valid registered copyrights, were never marketed and were created during the litigation, however, after two hours of deliberation, the federal jury found Aeropostale infringed the textile designs and there was willful infringement by Ms. Bubbles.

Trademark Trial and Appeal Board Affirms Rejection of Lululemon’s Oversized Logo As Ornamental

The US Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) affirmed a decision rejecting Lululemon Athletica Canada Inc.’s (Lululemon) trademark application for a large version of its logo as used on the front of hooded sweatshirts, jackets and coats. While the TTAB recognized that the appearance of oversized logos on clothing and fashion items was becoming more frequent and could be protectable, it held that Lululemon failed to provide sufficient evidence to meet the standards for registrability.

Alleged Software Piracy by Overseas Fashion Firms Gives Rise to Unfair Competition Claims in California

The California Attorney General recently filed two lawsuits in state court against Chinese and Indian apparel manufacturers, accusing the companies of obtaining an unfair competitive advantage over US firms through the use of pirated software. See People of the State of California v. Ningbo Beyond Home Textile Co., Ltd., No. BC499771 (Cal. Super. Ct. Jan. 24, 2013); People of the State of California v. Pratibha Syntex Ltd., No. BC499751 (Cal. Super. Ct. Jan. 24, 2013).

The Client Strikes Back: Defamation Cases in California and Virginia Illustrate Dangers of Suing Over Critical Internet Reviews

Two recent defamation cases highlight the risks involved in suing former customers or clients for defamation based on the posting of negative online reviews on Internet review websites such as AngiesList.com and Yelp.com. Not only does a defamation claim run the risk of igniting free speech concerns in the context, but filing a weak claim could expose a company to liability in states that have strong anti-SLAPP statutes.

Introducing Fashion Counsel with Anthony V. Lupo

Welcome to Fashion Counsel, a new online destination offering legal news, analysis and event information for the fashion industry hosted by Anthony Lupo, partner and leader of the firm’s Fashion, Luxury Goods & Retail practice. Fashion Counsel provides written articles and alerts applicable to the fashion industry, as well as a monthly video podcast series.

Lululemon Settles Patent Infringement Suit with Calvin Klein

Lululemon athletica canada inc. (lululemon) and Calvin Klein, Inc. (Calvin Klein) have agreed to settle their patent infringement lawsuit involving the design of yoga pants.

Lululemon Enters Warrior Pose: Files Patent Infringement Lawsuit Against Calvin Klein Over Yoga Pant Design

On August 13, 2012, lululemon athletica canada inc. (“lululemon”) filed an action before the U.S. District Court for the District of Delaware against Calvin Klein, Inc. (“Calvin Klein”) and G-III Apparel Group, Ltd. (“G-III”) for direct and indirect willful infringement of lululemon’s design patents for certain yoga pants.