Guides published by Charles E. Colman

An Introduction to "Design Patents"

Aug 04, 2013

I don't discuss design patents on my blog, LAW OF FASHION, very often. But a high-profile lawsuitover the alleged infringement of three of Lululemon's design patents in multi-waistband yoga pantsrequir...

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What is a claim for "theft of idea," and (when) is such a claim preempted by the Copyright Act?

Aug 04, 2013

A long time ago, ina blog postfar, far away, this authorwrote about the so-called "idea/expression dichotomy." This core principle of copyright law is embodied in 17 U.S.C.102(b), which states, in part...

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A Brief Introduction to the Law of Musical Sampling

Dec 12, 2011

Musical sampling currently exists in something of a legal grey area, with insufficient guidance from the courts on the boundaries between permissible "borrowing" of prior works and actionable copyright...

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"Copyright misuse": The next big defense in IP litigation?

Dec 12, 2011

While Omega S.A. v. Costco Wholesale Corporation may not be the fashion law case of the year (or even, at least superficially, of interest to anyone but intellectual property lawyers), a dispositive de...

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Why businesses should avoid potentially "immoral," "scandalous," and "vulgar" trademarks

Aug 24, 2011

As Racked.com reported this morning the phenominally successful stream-of-consciousness Tumblr Fuck Yeah Menswear has scored a book deal. But while congratulations are certainly due to the blog's own...

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Everything you need to know about the 8/10/11 landmark ruling in Louboutin v. YSL

Aug 12, 2011

One recent fashion law case towers over all others in its importance and heel height. That case, of course, isChristian Louboutin S.A. v. Yves Saint Laurent America, which I haveblogged about onLAWOFFA...

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Louboutin v. YSL: Highlights from the lipstick-red battlefield

Jul 16, 2011

If there's one case fashion lawyers -- who are now part of a "movement"! -- are watching closely, it's Christian Louboutin S.A. v. Yves Saint Laurent America, Inc. This case is a veritable buffet of de...

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An introduction to Canadian trademark law, with fashion lawyer Ashlee Froese

Jul 03, 2011

In light of apparel retailer Target's widely publicized, but legally fraught, expansion into Canada, I felt it was high time to hear from a lawyer on the other side of the border. So I was fortunate ...

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"[Clothes] by any other name..." (or "The plight of Jil Sander, Helmut Lang, and Joseph Abboud")

Jun 26, 2011

As Ms. Jil Sander, Mr. Helmut Lang, and especially Mr. Joseph Abboud might tell you (this writer does not claim to know for sure), the use of designers' names as trademarks is a major issue in fashi...

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Hermes v. Thursday Friday (a/k/a "The Birkin Tote case") in a nutshell

Jun 19, 2011

For those not active on the fashion blog circuit, the parties in the highly publicized case of Herms v. Thursday Friday have reached a settlement. The dispute hinged on a $35 tote bearing an image of a...

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Charles E. Colman's Legal Guides (26)

An Introduction to "Design Patents"

What is a claim for "theft of idea," and (when) is such a claim preempted by the Copyright Act?

A Brief Introduction to the Law of Musical Sampling

"Copyright misuse": The next big defense in IP litigation?

Why businesses should avoid potentially "immoral," "scandalous," and "vulgar" trademarks

Everything you need to know about the 8/10/11 landmark ruling in Louboutin v. YSL

Louboutin v. YSL: Highlights from the lipstick-red battlefield

An introduction to Canadian trademark law, with fashion lawyer Ashlee Froese

"[Clothes] by any other name..." (or "The plight of Jil Sander, Helmut Lang, and Joseph Abboud")

Hermes v. Thursday Friday (a/k/a "The Birkin Tote case") in a nutshell