Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo

Karen Ellis Carr

Karen Ellis Carr
Partner
Washington, DC
202.715.8531

Karen Ellis Carr is a partner in the Washington, DC Complex Litigation Practice Group. She concentrates her practice in commercial litigation and arbitration and has litigated a broad range of cases, including matters arising in the areas of contract, intellectual property, business torts, real estate, environmental, construction, and other business and commercial dispute contexts. She has counseled and represented companies in the agriculture and biotechnology, commercial real estate, construction, defense contracting, fashion and luxury goods, health care, hospitality, media and entertainment, and professional sports industries.

Karen has first- and second-chaired matters in numerous state and federal trial and appellate courts throughout the country and in arbitration and mediation, and has experience in all phases of litigation from pre-litigation strategy and counseling to settlement negotiation and appeals.

 

 

Blog Posts by Karen Ellis Carr

Intellectual Property, Trademark
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Breaking (Up) Bad: Watch-outs for Brand Owners Faced with Ex-Licensee's Trademark Use

A series of recent decisions have heightened the standard for obtaining preliminary injunctive relief for trademark infringement. This trend presents unique challenges for brand owners seeking to enjoin unauthorized “holdover” use of a trademark by former franchisees or licensees. This situation commonly arises when a franchisee or licensee continues using a franchisor or licensor’s trademarks following termination of a franchise or license agreement.
 
Under the test for preliminary injunctive relief in most jurisdictions, a plaintiff must establish:

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Intellectual Property, Trademark
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Testing “First Sale” Waters: Costco Faces Trademark Suit Over Sale of Fashion Swimwear Brand

Costco is defending a trademark infringement lawsuit over its sale of Anne Cole swimwear, an iconic line of women’s swimwear that has been sold in the US for over 30 years. The suit will likely turn on the scope of the “first sale” doctrine—which shields resellers of genuine trademarked products from liability for trademark infringement—and whether the manner in which Costco displays the products is likely to mislead consumers as to their source.
 

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.