Helping You Manage Risk Every Day

Fashion focus of intellectual property lawsuit

Most people in New Jersey have seen their fair share of knock-off clothing items, handbags, sunglasses and more. Some of these things are found in obscure places and others are found in more mainstream stores. Regulating and defending intellectual property rights in the world of fashion, it seems, can be difficult. 

As explained by The Vox, copyrights or trademarks associated with creative works may well be easier to defend than those associated with manufacturing. To some people, fashion may fall in the former category but in the business sector, it is clearly in the world of manufacturing. For this reason, companies that want to protect their trademarks or other distinguishing features can endure great challenges.

Shoe manufacturer, Vans, has recently filed a lawsuit against the mega-retailer Target and one of its designers for alleged trademark infringement. At issue is a particular shoe that Target, in conjunction with Wild Fable, sold at Target locations. These shoes were marketed in a way similar to that of a shoe marketed by Vans and included a design and mark similar to a Vans shoe. The mark was actually trademarked by Vans in 1998.

One of the points that may well contribute to the outcome of the case will center around the intention of Target and Wild Fable. If the two companies consciously intended to confuse consumers into thinking they were purchasing Vans shoes, the decision may be different than if they were only leveraging the image originally created by Vans but clearly indicating who made the shoes.

No Comments

Leave a comment
Comment Information
Contact Us

Start Growing Your Business Today

Risk does not have to be an obstacle. For a free consultation, email or call us today to learn how we can benefit your business. Our office is in Paramus and we work with businesses throughout all of central and northern New Jersey, as well as the New York metro area.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Image Attorney

Nicoll Davis & Spinella LLP

Parsippany Office
1 Gatehall Drive, Suite 100
Parsippany, NJ 07054

Phone: 201-254-0777
Paramus Law Office Map

New York Office
450 Seventh Avenue
Suite 2205
New York, NY 10123

Phone: 201-254-0777
Phone: 212-972-0786
Map & Directions

Philadelphia Office
Cirra Center,
2929 Arch Street
Philadelphia, PA 19104

Map & Directions

Paramus Office
95 Route 17 South
Paramus, NJ 07652

Map & Directions

Visit Us On

Review Us Top