A DISCUSSION OF LAW AND JOURNALISM

Tag: dilution

“High” Fashion Lawsuit

By Nicole Rowlands

Los Angeles designer Brian Lichtenberg exploded on to the fashion scene by spoofing high fashion designer logos like Hermès and Miu Miu with his BLTEE line of graphic tee shirts.  Exclusively designed for and sold by Kitson, these $58 tees mock high fashion designers by using the brands’ colors and logos, but with the lettering spelling words like “Homies” (in place of Hermès) or “Meow Meow” (instead of Miu Miu).

Lately, he’s come up with a new prescription for success by using prescription drug brands like Xanax, Vicodin, and Adderall on his tee shirts.

Mr. Lichtenberg’s idea of satire has had some unpleasant side effects. The three prescription drug brands are threatening to sue for trademark infringement.

The media has been reporting the story for months, but haven’t analyzed whether the prescription drug brands would prevail, or whether they should take a chill pill and let it go.

LASIS will.

(more…)

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Fashion Industry’s ‘Juicy’ Trademark Case

By Jillian Raines

Fashion blogs, magazines and newspapers have been abuzz recently over a juicy trademark case—literally.

Juicy Couture has sued Jesus Juice Coature in federal court in Manhattan, alleging trademark infringement and false designation of origin under the federal Lanham Act, and trademark infringement and unfair competition under New York law. Why? Because Jesus Juice Coature has started to advertise and promote its “upscale outerwear” (via its Facebook and MySpace page) using a mark that Juicy Couture claims sounds and looks too similar to its own.

In describing the lawsuit, the media have suggested that the dispute between the famous fashion apparel brand Juicy Couture and the new outerwear outfit Jesus Juice Couture seems a bit silly. CocoPerez noted the suit sounded “a little ridiculous” and SHEFinds blogger Brittany Zwillich wrote she didn’t think there was much danger of confusing one brand with another.

Are they right? (more…)

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