Anti-Counterfeiting Trade Agreement

The Anti-Counterfeiting Trade Agreement (“ACTA”) is a “groundbreaking initiative by key trading partners to strengthen the international legal framework for effectively combating global proliferation of commercial-scale counterfeiting and piracy.”

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Anticybersquatting Consumer Protection Act

The Anticybersquatting Consumer Protection Act (15 U.S.C. § 1125(d)) (“ACPA”), a federal law that took effect on November 29, 1999, governs cybersquatting claims. 

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Consumer Product Safety Commission

The Consumer Product Safety Commission (“CPSC”) is an independent agency of the United States government “charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of types of consumer products under the agency's jurisdiction.”

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Consumer Product Safety Improvement Act of 2008

The Consumer Product Safety Improvement Act of 2008 ("CPSIA") (Public Law No. 110-314) is a United States law signed on August 14, 2008 by President George W. Bush.

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Copyright Law

Under the current U.S. Copyright Act, the Copyright Act of 1976, federal law prohibits the unauthorized copying of a work of authorship. The copyright-patent clause of the Constitution empowers Congress to grant copyright protection to the "Writings" of "Authors."'  

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Copyright Legislation for Fashion Designs (Proposed)

The Design Piracy Prohibition Act (H.R. 5055, 109th Congress) ("DPPA") was the first of a number of bills introduced in the United States Congress that proposed to amend Title 17 of the United States Code in order to provide sui generis (or unique) protection to fashion designs under the Copyright Act.

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Copyright Trolls

A copyright troll is a party that enforces copyrights it holds for purposes of making money through litigation, in a manner considered unduly aggressive or opportunistic, and generally, without producing or licensing the works it owns for paid distribution.

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Cybersquatting

Cybersquatting is the act of “registering, selling or using a domain name with the intent of profiting from the goodwill of someone else's trademark. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit to those businesses.”

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Cases of Interest: In re Bottega Veneta International S.a.r.l.

In 1975, Bottega Veneta presented its first collection of handbags featuring what’s known as the “Bottega Weave Design,” a design appearing on the outside of the bags consisting of slim leather strips threaded together and placed at an angle to the surface of the product.

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Cases of Interest: Cheney Brothers v. Doris Silk Corp

Cheney Brothers (“Cheney”) manufactured seasonal silks in various patterns, releasing an array of designs each year. Even commercially successful patterns did not last more than 8 or 9 months on the market.

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Cases of Interest: Christian Louboutin v. Yves Saint Laurent

Christian Louboutin, S.A., a renowned footwear brand based in Paris, has produced luxury footwear, the vast majority of which features a bright-red lacquered outsole.

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Cases of Interest: Equal Employment Opportunity Commission v. Abercrombie & Fitch

International clothing store chain Abercrombie and Fitch ("Abercrombie") requires its employees to follow what’s known as a “Look Policy.”

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Cases of Interest: Fashion Originators Guild v. Federal Trade Commission

The Fashion Originators Guild of America (“FOGA”) is mostly made up of designers, manufacturers, sellers, and distributors of women’s garments. The garment manufactures claim to create original designs of clothes and that other manufactures make and sell copies of them at lower prices.

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Cases of Interest: Glatt v. Fox Searchlight

Former unpaid interns Eric Glatt and Alexander Footman, who worked on Fox Searchlight's production of "Black Swan" in New York City, filed suit in the Southern District of New York in the Fall of 2011, claiming that the company had violated the Fair Labor Standards Act and New York labor law by misclassifying them as unpaid interns and not entry-level employees.

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Cases of Interest: Kieselstein-Cord v. Accessories By Pearl, Inc.

Barry Kieselstein-Cord founded his namesake line, Kieselstein-Cord, in 1972. Kieselstein-Cord designs, manufactures exclusively by hand-craftsmanship, and sells fashion accessories.

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