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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, May 2, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course 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.
Faculty

Ms. Weinstock is an experienced general and in-house counsel whose career has spanned the fashion, arts, media and entertainment industries. Additionally, she has provided senior level guidance for such noted organizations as global beauty company Coty Inc., fashion and lifestyle company Kenneth Cole Productions, Inc., Writers Guild of America, East, the union for television and film screenwriters, and Gist Communications, Inc, an interactive television company. Her practice ranges from domestic and international licensing to advertising, marketing, and promotions matters, including celebrity, influencer, and talent endorsements and branding, entertainment industry and union matters, digital and social media, contests and sweepstakes, and protection in the apparel, accessories, beauty and lifestyle categories, including securing and enforcing intellectual property for design and brand. She is a frequent industry speaker, is on the Steering Committee of the National Association of Women Lawyers Fashion Law Affinity Group and is Chair of the International Trademark Association’s Fashion Industry Group.

Ms. Zerbo is a lawyer and the founder and editor-in-chief of The Fashion Law blog. She has been profiled by the Wall Street Journal, Reuters, MTV, and NBC, and has been cited by publications including the New York Times, the Economist and Vogue publications worldwide, among others. Ms. Zerbo authored a chapter and assisted in editing Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys, a leading fashion law textbook in law schools in the U.S.

Mr. Max is a member of the firm’s Entertainment, Technology and Advertising, and Intellectual Property Practice Groups, focusing on counseling clients on IP issues and litigation. He is Co-Leader of the firm's Fashion and Apparel Team. Mr. Max has counseled clients on and litigated numerous cases involving issues on the cutting edge of copyright and trademark law. He has assisted clients in identifying, protecting and preserving their intellectual property assets, including seeking registration of rights in the U.S. and internationally and taking action against infringements of copyrights, trademarks and trade dress. He also has experience developing and implementing anti-counterfeiting programs and pursuing civil and criminal enforcement remedies.
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.
Outline
- Protecting IP rights in the fashion industry
- Trademark
- Trade dress
- Copyright
- Design patent
- Combating counterfeiting
- Monitoring for infringement
- Infringement detection and tracking
- How to use enforcement tools
- 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?
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