In the Wall Street Journal today, an article (click here) about blogs, run by people more fashionable than the attorneys at Melwani & Chan LLP, dedicating a significant amount of time to putting fashion copycats on the spot. For example, the blog Fashionista has an entire series titled Adventures in Copyright, which takes aim at copying designers and does a side-by-side comparison with the original. If a small designer legitimately determines a fashion conglomerate such as Chanel, they can resort to remedies other than litigation–which is too expensive for many smaller designers to pursue, by publicly displaying the similarities between the two original design and the copycat. Other non-litigation alternatives could be seek a licensing deal or contacting the copycat to see if they are interested in purchasing the design outright.
This article does a pretty nice job of breaking down how important trademarks have become in this day and age. One thing this article does well is illustrate how a seemingly routine act such as attempting to register your trademark can spiral into a very complex matter. Plus, it quotes one of our professors from law school — Prof.Barton Beebe.
Please click here for the article: