House of Lashes is a Southern California beauty company that sells eyelashes, beauty products, and accessories, and is well known in the beauty and eyelash industry. House of Lashes owns the federally registered ICONIC trademark (Reg. No. 4.839,324) for false eyelashes, adhesives for affixing eyelashes, and artificial eyelashes. Additionally, House…
Morphe, a well-known makeup company, is suing Becca in response to threats Morphe’s new eyeshadow palette’s packaging constitutes trade dress infringement, false designation of origin, and palming off under the Lanham Act. 15 U.S.C. § 1051. Becca also alleges that Morphe has tortiously interfered with Becca’s contract with Jaclyn Hill,…
Hermès is a French luxury goods manufacturer whose handbags and purses are highly coveted. Its “Birkin” handbag has become immediately recognizable to millions of consumers (I know because seven out of seven ladies in our office immediately identified the pictured bag as a Birkin) and therefore distinctive, thereby its shape…
Flying toy manufacturer, Spin Master, is suing its former technology company and its new business affiliates for allegedly infringing Spin Master’s Flutterbye flying toy fairy’s copyrights and trade dress by selling the competing Starfly fairy. Indeed, the two companies are no strangers to litigation and are currently engaged in a…
Several purse trade dress infringement lawsuits have been filed in Los Angeles over the last couple of years (see Linea Pelle lawsuit, Marc Jacobs lawsuit, and Givenchy lawsuit) as designers try to protect their handbag designs from being copied. With a little bit of careful planning and foresight, designers can…
Paris Hilton has teamed up with Parlux Fragrances to release her own perfume line and to also sue Perfection Perfume for trademark, trade dress, and patent infringement, in addition to unfair competition. Paris claims to be a worldwide owner of several trademarks used in connection with clothing, footwear, cosmetics, fragrances…
Los Angeles, CA – A’lor International sued numerous jewelry designers, producers and retailers for copyright and trade dress infringement over sales various nautical twisted cable motif jewelry. A’lor filed a summary adjudication motion asking the Court to deem Defendants liable for copyright and trade dress infringement. Defendant Lau filed a…
The popular Christian Louboutin (CL) shoes’ red sole trademark is readily recognized by the consuming public. But when CL sued Yves Saint Laurent (YSL) for making red soled shoes, the district court disagreed. Finding CL’s red sole trademark unenforceable, the court denied CL’s motion for a preliminary injunction to prevent…
UPDATE 4-24-2013: District Court finds non-infringement of trade dress and copyrights on summary judgment. A’lor International Ltd., dba Charriol USA, is suing sixteen defendants for manufacturing and selling numerous jewelry designs incorporating a nautical cable motif that allegedly infringe Charriol’s copyrights and trade dress. Charriol claims that it has been…
Skechers is suing Steven Madden for allegedly copying Skechers’ Twinkle Toes shoe designs. The U.S. Patent & Trademark Office granted U.S. Patent No. D571,095 to Skechers covering its Twinkle Toes toe cap design for shoes. In addition to patent protection, Skechers claims that it is the owner of an inherently…