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The Start of a New Wearable Brand Battle

Jawbone and Fitbit, both billion-dollar leaders in the “wearable” technology category of fitness bands, are warming up for what may become a test of legal endurance. Jawbone recently filed three lawsuits in three different courts, accusing Fitbit of infringing patents, poaching employees, and stealing trade secrets. Although Fitbit has not yet hit back with its own suit, the two rivals seem poised to start a lengthy legal battle.  

Dictating the Use of a Celebrity’s Likeness: Former Panamanian Strongman Manuel Noriega Ousted from Court

  Video game developer Activision Blizzard, Inc. recently won a key victory in the ongoing battle over the right of publicity when a California state court judge dismissed former Panamanian dictator Manuel Noriega’s well-publicized lawsuit. Noriega had alleged that his image and likeness were improperly used in the blockbuster video game “Call of Duty: Black Ops II.” Determining that the First Amendment protected Blizzard, the court dismissed Noriega’s complaint with prejudice.

Enforcing Design Patents: Old Navy Sued for Sandal Designs

What’s the News? On September 10, 2014, JPT Group, owner of the iconic American fashion brand Bernardo, filed suit in the Southern District of Texas alleging that Old Navy infringed two of Bernardo’s design patents for sandals. The Details Bernardo owns two design patents for the ornamental design of its sandals and alleged that Old Navy misappropriated and slavishly imitated its patented designs as shown in the following side-by-side comparison:

A Case to Study on Patent and Trade Dress Protection

* The following article was originally published in Law360. To read the article at Law360, click here.

LVMH and eBay Team Up to Take On Counterfeiters

The French luxury goods conglomerate LVMH Moët Hennessy Louis Vuitton S.A. (LVMH) recently settled its long-running court battle with eBay, Inc. over the online auction website’s alleged distribution of counterfeit luxury goods. Although financial terms were not disclosed, the two companies announced that they would collaborate in implementing measures aimed at protecting intellectual property rights and preventing the sale of counterfeit goods online. “Thanks to our joint efforts, consumers will enjoy a safer digital environment globally,” the companies said in a joint statement.

Arent Fox Files Lawsuit Protecting Diesel Against Cybersquatting Websites Selling Counterfeit Goods

Press Release Washington, DC – On June 24, Arent Fox LLP filed suit on behalf of Italian clothing company Diesel S.p.A. against 83 websites that are cybersquatting and selling counterfeit products appearing to carry the internationally recognized label. By using the company’s trademark in the domain name, the websites are creating the false impression they are authorized to sell genuine Diesel goods. Already, the sites have sold thousands of counterfeit reproductions of Diesel’s high quality products.  

Fight On, Fight On? USPTO Cancels Six WASHINGTON REDSKINS Trademarks

Yesterday, the Trademark Trial and Appeal Board (TTAB) of the US Patent & Trademark Office (USPTO) cancelled six registrations related to the Washington Redskins professional football team. The TTAB found the marks violated Section 2(a) of the Federal Lanham Act, which bars registration of trademarks that may disparage persons or bring them into contempt or disrepute.

Brazil Threatens Trade Retaliation Against US Exports and IP Rights in Long-Standing Cotton Case

As part of a decade-long dispute in the World Trade Organization (WTO) involving US cotton subsidies, Brazil is again threatening significant trade retaliation against a wide variety of US goods and intellectual property rights. The proposed retaliation would substantially increase tariffs on US exports across various sectors and industries, and would suspend or restrict US intellectual property rights in Brazil. If enacted, the retaliatory measures could have a devastating impact on US businesses.

Leading Providers of RFID Technology Settle with Patent Troll, Impacting Fashion and Apparel Companies

Over the past several years, many fashion and apparel retail companies have implemented RFID technology in their stores, as it provides a fast, cost-efficient, automated, and accurate method for tracking inventory both through the supply chain and within the retail environment.

X Marks the Patent Infringement? Skechers Brings Suit to Protect Treasured Shoe Design

A recently filed court case demonstrates the ever-increasing competiveness of the fashion industry. Skechers U.S.A., Inc., alleged in its complaint that Perry Ellis International, Inc., and Shoe Confession LLC are selling a copied version of Skechers’ patented Skechers Go Run shoe. Skechers has filed suit against Perry Ellis and Shoe Confession, claiming patent infringement, trade dress infringement, and unfair competition, and is seeking to force Perry Ellis and Shoe Confession to stop making and selling the allegedly infringing merchandise.