Olfa B’Chir
Balenciaga vs Little Trees: When Anti-Fashion Leans Toward Anti-Legal, Daily Journal (November 6, 2018)
In an article for the Daily Journal, ADLI’s Olfa B’Chir discusses the appropriation of functional trademarks by high-end fashion brands attempting to compete with a movement in Fashion known as “AntiFashion”. She explores the case example of Balenciaga appropriating the Little Tree design and their protected trademark to create a Balenciaga keychain that sells for approximatively…
“The Slants” Win the Supreme Court Battle Against the Patent and Trademark Office
Seven years ago, the Asian-American Rock Band from Oregon started an application to register their name, “The Slants” as a Trademark. The USPTO, who didn’t seem to appreciate the irony of this name rejected the registration based on the Lanham Act. According to the national office, an Asian-American Band using “The Slants” to identify themselves…
Supreme Court – Conceptual Separability Analysis
Traditionally, the principle is: Clothes are un-copyrightable useful works. In apparel, it is possible to protect an original design with copyright. Then, you can use this design on fabrics by screen printing or embroidering. The design will be protected but the clothe in which the design appear won’t be! However, there is an exception to…
Is Margiela Purposely Playing with Burberry’s Fire?
Burberry is well known for fiercely protecting its Brand. No later than last year, the company filed a lawsuit against the rapper and producer Perry Noise, Aka “Burberry Perry.” Noise was not only using the protected word mark “Burberry”, but also the federally registered check pattern and equestrian trademark in connection with his album, online marketing…