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Trade secret misappropriation and breach of confidentiality by employees have been longstanding issues for companies who seek to maintain the competitive advantage which results from confidential and proprietary information. Therefore, it comes as no surprise when a company takes action against a former employee for these acts.

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Levi Strauss in Trademark Infringement dispute over “V” pocket design.

Levi Strauss & Co. has always been an ardent defender of its pocket’s double arched stitch the, “Arcuate”, commonly known as the “V”. According to Lynn Downey’s book, Levi Strauss & Co. (2007), during World War I, the Arcuate design was deemed by the US Government to be decorative only, and prohibited from being stitched into the pockets because items needed for the war effort, including thread, were being rationed. Rather than lose its trademark, the company had the Arcuate hand-painted onto the pockets. CLICK TO READ MORE….. <Read more>

Sometimes the best alternative to litigating a defense is a settlement and good PR strategy. The Federal Trade Commission (FTC) reached a settlement with Skechers USA Inc. for $45 million with regard deceptive claims to consumers in advertisement. The claimed violations were prohibited by federal law under the Federal Trade Commission Act and 15 U.S.C §§45 and 52 [see the complaint here]. Skecher’s advertising for its Shape-ups, Resistance Runner, Toner and Tone-ups shoes made unsubstantiated claims of their toning and fitness related capability.

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Adidas has an issue with World’s “cut-off-w-lines”

So, let’s see.  World Industries’ likely stance on this one will be that their sneaker on the left, “Varsity”, is designed with a visually distinct “W” representing World Industries.  It’s just, you know, cut-off.  What’s that?  You think their “cut-off-w-lines” looks exactly like Adidas’ internationally recognized three-stripe trademark that they’ve used since 1952?  Hahaha.  I mean, really. All you have to do is look at it!  World’s “cut-off-w-lines” have arrows on top, and, and, and the little piece there, yeah, the one curving a little bit, no- not that one, that one!… <Read more>

Recent legislation and the current trend for powerful fashion houses could make that just a little more possible. Earlier this year Michael Kors Holdings, Brunello Cuccinelli SpA, and most recently Tumi have all gone public. Michael Kors launched its IPO in December of 2011 raising just under $950 million, and has since seen roughly a 70% increase in stock price. <Read more>

Madonna was quite daring when she named her new fragrance. An Australian artist, RJ Williams, recently filed a lawsuit against Madonna because her perfume Truth or Dare logo looks strikingly similar to his registered trademark.

The logos in question are similar, featuring the letter “T” inscribed inside the letter “M.” However, while the Williams’ design features chunky lines and a squat stance, the logo for Madonna’s perfume stands taller and features thin lines. The “t” is also lower case, appearing more like a cross than Williams’ signature logo.

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Burberry Awarded $100 Million in Fight Against Counterfeit Websites

A Manhattan Federal Court recently granted Burberry a $100 million award, ruling that a collusion between Chinese internet counterfeiters infringed upon the brand’s trademark <Read more>

The Department of Justice (DOJ) seized over $1.5 million in proceeds from the distribution and sale of counterfeit sports apparel on illegal commercial websites. In addition to this seized capital, the DOJ seized three domain names. Counterfeit apparel plagues any brand owner and robs the purchaser of quality goods. The online policing necessary to protect a brand and its purchasers is costly and time consuming. US law enforcement has risen to the challenge to assist brand owners and authorized producers of these goods. In-house methods are not always sufficient, and counsel should take advantage of government initiatives to combat this counterfeit and online infringement. <Read more>

A 2011 action alleging that L’Oreal USA Inc. and L’Oreal USA Products Inc, both are subsidies of L’Oreal SA, has been granted certification for two subclasses claiming that L’Oreal failed to warn purchasers of flammability in its Garnier Fructis Sleek & Shine Anti-Frizz Serum (Product). Federal Court in the Central District of California certified the action. <Read more>