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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, August 19, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will guide IP counsel on protecting digital fashion intellectual property. The panel will discuss the various forms of IP that can protect fashion in the digital world of virtual reality and gaming and the challenges of enforcement. The panel will review past case law decisions and pending cases and developments that will establish new precedent for future protection and enforcement of fashion IP in the digital world. The panel will also discuss the risks of failing to protect the brands and offer best practices for protecting brands in digital fashion.

Faculty

Howard S. Hogan
Partner, Chair Consumer and Retail Practice Group
Gibson, Dunn & Crutcher LLP

Mr. Hogan is Co-Chair of the firm’s Fashion, Retail and Consumer Products Group. His practice focuses on IP litigation and counseling, including trademark, copyright, patent, false advertising, right of publicity, licensing, and trade secret matters. Mr. Hogan has represented various corporations and individuals in a broad range of industries, including financial services, sports, fashion, cosmetics, entertainment, transportation, pharmaceuticals, and online services. A significant portion of Mr. Hogan's practice involves computer, internet, and new media-related issues. He has represented and counseled a wide variety of companies on these issues, whether they are internet-focused companies or traditional brick–and–mortar companies.

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Philip Nulud
Shareholder
Buchalter

Mr. Nulud has successfully guided clients in protecting and monetizing their vital trademarks and other intellectual property for close to two decades. His day-to-day representations are in the fashion, apparel, retail, and consumer products space. Mr. Nulud represents and works with well-known apparel brands, couture fashion houses, streetwear brands, apparel and footwear manufacturers, licensing agencies, retailers, celebrities, athletes, influencers, beauty and wellness companies, financial services companies, and others in all things IP. They rely on his value-add approach and strategic management of their IP holdings and often seek his counsel in all things legal. Having handled thousands of domestic and international trademarks, Mr. Nulud offers extensive experience in establishing, protecting, and enforcing clients’ IP. He has also earned a reputation as the go-to-lawyer for all issues revolving around domain names, social media, and the Internet. Mr. Nulud teaches a Fashion Law course as an adjunct professor at Loyola Law School Los Angeles.

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Description

Digital fashion has exploded onto the scene and with that has come the traditional issues facing fashion brands seeking to protect their valuable intellectual property. Consumers are customizing clothing that is superimposed on their gaming avatars and brands are expanding consumer awareness by creating and offering virtual designs in games and virtual reality. With the gaming industry expected to be worth almost $237 billion in 2025, fashion brands are taking advantage and featuring and selling their designs in online games. Others have used iconic fashion brands to create and sell NFTs, leading to high profile litigations that challenge the balance between the First Amendment and a fashion brand's valuable trademark and copyright rights.

Fashion designers, brand owners, and their counsel should take steps to protect their intellectual property in the digital world. There are multiple options for protection, including copyright, trade dress, trademark, and patent.

One of the challenges that arises is the question of ownership of digital creation and under what circumstances is the use of a brand's copyright or trademark considered "appropriation art" and when is purported "artwork" an infringement. While the brand may own a famous trademark or copyrighted work, the First Amendment may under certain circumstances permit an artist to the use of a trademark or copyrighted image as appropriation art.

Listen as our authoritative panel of IP attorneys examines the various forms of IP that can protect fashion in the digital/gaming space and the challenges of enforcement given the tensions between appropriation art and nominative fair use and established IP rights. The panel will also discuss the risks of failing to protect the brands and offer best practices for protecting brands in digital fashion.

Outline

I. Protecting digital fashion with IP laws

A. Copyright: What can you protect?

B. Trademark and trade dress in the digital world

C. Domain names in the digital world

D. Design patents

II. Impact of recent decisions

III. Best practices

Benefits

The panel will review these and other important issues:

  • How should counsel leverage IP laws to protect important intellectual property in the digital world?
  • What are the hurdles to protecting brands in the digital world, and what strategies can be employed to enhance protection?
  • What best practices should counsel employ to enforce IP rights in the digital world?