IP Rights in the Fashion Industry: Trademarks, Copyrights, and Patents to Protect Designs and Strengthen Brands

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Thursday, April 16, 2020

Recorded event now available

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Program Materials

This CLE webinar will guide IP counsel advising designers and others in the fashion industry on managing key intellectual property challenges. The panel will discuss infringement and enforcement, as well as utilizing trademark, copyright, and design patent law to protect IP rights and build and enhance the brand.

Description

The impact of the sale of knockoff, counterfeit, and other infringing fashion products can be substantial. With "fast fashion" trends and modern technology, fashion show attendees can take mobile device photos from the runway into production in order to distribute cheaper replicas, sometimes even before the original design is available for sale.

Because it is difficult for designers to protect the entire design of a fashion product itself under U.S. law, designers and their counsel must utilize the different protections afforded by trademark, trade dress, copyright, and patent laws to obtain protection for the fashion designs. For example, trademark law can protect the name and logo, as well as design attributes and configuration that are non-functional and serve as source identifiers. Copyright law does not protect functional items, but it can shield separable patterns, prints, and design elements. Design patents are useful for protecting novel, non-obvious, and ornamental fashion products and accessories.

Listen as our authoritative panel examines IP issues in the fashion industry and discusses strategies to secure and protect IP rights, including monitoring and interdicting IP infringement. The panel will offer strategies on how to best use IP laws to protect fashion designs and strengthen a brand.

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Outline

  1. Protecting IP rights in the fashion industry
    1. Trademark
    2. Trade dress
    3. Copyright
    4. Design patent
  2. Combating counterfeiting
  3. Monitoring for infringement
    1. Infringement detection and tracking
    2. How to use enforcement tools
  4. IP Infringement enforcement strategies

Benefits

The panel will review these and other key issues:

  • What are the infringement vulnerabilities for designers?
  • How can designers leverage trademark, trade dress, copyright, and design patent protection to enhance the brand?
  • What strategies should IP counsel employ to enforce IP rights in the fashion industry?

Faculty

Max, Theodore
Theodore C. Max

Partner
Sheppard Mullin Richter & Hampton

Mr. Max is a member of the firm’s Entertainment, Technology and Advertising, and Intellectual...  |  Read More

Weinstock, Pamela
Pamela Weinstock
Legal Consultant

Ms. Weinstock is an experienced general and in-house counsel whose career has spanned the fashion, arts, media and...  |  Read More

Zerbo, Julie
Julie Zerbo

Founder
The Fashion Law

Ms. Zerbo is a lawyer and the founder and editor-in-chief of The Fashion Law blog. She has been profiled by the Wall...  |  Read More

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