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An interesting little trademark scenario popped up this week (in addition to those awfully-ugly red-soled Trump sneakers). Jacquemus teased part of its latest collaborative collection with Nike on Instagram. In particular, the French fashion brand showcased a handbag design, that of the Le sac Swoosh, which takes the form of Nike’s famed Swoosh – albeit with a zipper and adjustable shoulder strap, and a little golden-hued name plate that says Jacquemus.

Social media users were quick to note that the long nails and tattoos depicted in one of the images belong to Nike-sponsored American sprinter Sha’Carri Richardson, who will presumably serve as the face of the campaign for Jacquemus’ latest collection. However, what caught my eye was the shape of the bag, which is, of course, meant to evoke one of Nike’s most famous trademarks: the Swoosh that it has been using since the early 1970s.

What makes the Le sac Swoosh particularly notable (I think) is that the Swoosh-shaped bag is something of a reversal of what we are accustomed to seeing when it comes to trademarks rights and handbags.

Some Litigation (and an Opposition) Updates …

> Amarte v. Grande Cosmetics: Amarte’s latest in a growing string of trademark infringement and counterfeiting lawsuits over its EYECONIC word mark sees it taking on Macy’s and Grande Cosmetics. (The complaint is right here.)

> Bok-hee v. Swarovski: Kim Bok-hee has waged a new lawsuit against Swarovski, alleging that the jewelry company is on the hook for $2.3M as a result of its alleged infringement of 12 of his paintings. 

> Xavier v. Undefined, Inc: Influencer Brittany Xavier & Undefined, Inc. have settled the copyright and right of publicity claims that Xavier waged in March 2023 over the beauty co.’s unauthorized use of a “copyrighted photograph & Ms. Xavier’s image, likeness, and persona to promote [itself] and products.” (ICYMI: The complaint is here.)

> Thom Browne v. Dongguan Tinda Apparel Co., Ltd: Thom Browne has lost an opposition before European Union Intellectual Property Office, in which it sought to block the registration of THOM BONZERO for use on clothing.

In some deal-making news this week …

• Visual generative AI open platform provider BRIA has raised $24M in a Series A.

• Qloo, which operates “a sophisticated AI-powered insights engine composed of highly-accurate behavioral data from consumers around the globe,” has raised $25M in a Series C.

• Climate Policy Radar, which uses data science & machine learning to analyze climate change policies & laws, has raised $6.8M+ in a new round.

• Hakio, which uses machine learning “to enhance forecasting accuracy & tackle the global waste issue in fashion,” has raised €4M in a Seed round.

• Shopping platform NTWRK has acquired media site Complex from BuzzFeed for $108M.

• Udaipur-based direct-to-consumer fashion brand Beyoung has secured a “strategic investment” from Sheikh Tahnoon Bin Saeed Bin Tahnoon Al Nahyan’s royal office. 

• Dhaka, Bangladesh-based B2B retail marketplace PriyoShop has raised $5M in a Pre-Series A.

• Yuga Labs has acquired PROOF, a digital art platform and art collector community.

  
  

– Julie Zerbo
Founder & Editor-in-Chief

Here are TFL’s top articles of the week …

1. Men Are Twice as Likely as Women to Buy Counterfeits, Per UK Study. Male consumers also sustain “a high level of counterfeit purchasing into their 30s,” meaning that “the decline in the attraction of counterfeits is delayed by 5 to 10 years compared to females.” 

2. Swiss Supreme Court Sounds off on Customized Watches in Rolex Case. In a first of its kind case, the highest court in Switzerland decided on the legality of the offering for sale & selling of customized watches without the authorization of the underlying brand. 

3. Supreme Court Won’t Take on Brandy Melville v. Redbubble Contributory Liability Case. SCOTUS revealed this week that it will not take on Brandy Melville’s petition to review a holding from the 9th Cir. in a case that centers on contributory TM liability.

4. Zalando to Revamp “Sustainability” Marketing Following EU Action. Zalando will make significant changes to how it promotes the so-called sustainability of its offerings, following a brush with regulators in the EU. 

5. In case you missed this one … Indicators of Source: A Primer on Color Trademarks. Branding – including in the form of a signature color – enables companies to connect with consumers in new, engaging & ideally, viral ways. 

6. Are Donald Trump’s Red Soled Sneakers a Lawsuit in the Making? A pair of “limited edition” sneakers that Donald Trump revealed at Sneaker Con in Philadelphia appear as though they could be a lawsuit waiting to happen thanks to the red soles.

7. Frasers, Morgan Stanley Start Trial Over $1B Hugo Boss Margin Call. Frasers’ case against Morgan Stanley over an allegedly bad faith effort by the investment bank to rob the retail group of $50 million+ has gone to trial in London.

8. What Does OpenAI’s New Tool Sora Mean for Marketing, Content Creation? Just as ChatGPT has become a marketing & content creation tool, we can expect businesses to use Sora for similar reasons.