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

Intellectual Property

Arent Fox is the leading law firm for handling intellectual property issues for fashion and luxury goods clients. We have extensive experience protecting our clients’ brands and designs, and defending them from challenges to their marks and designs. Our attorneys have defended trademark, patent, and copyright lawsuits related to suits brought by competitors challenging our clients’ right to use their mark. We have also obtained groundbreaking court decisions in the area of counterfeit and grey market products such as when we successfully worked to essentially shut down Canal Street from selling one of our client’s products and won a decision against a large big box retailer from selling grey market goods.


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.


Empire vs. EMPIRE: Fox Defends Its Hit Television Series Against Lanham Act Claims

What’s the News?

Twentieth Century Fox Television recently filed a motion for summary judgment in a dispute with record label Empire Distribution, Inc. over the name of Fox’s popular television series Empire. Empire Distribution has alleged that Fox’s use of “Empire” in the show’s title and on its soundtracks constitutes trademark infringement under the Lanham Act, but Fox claims that it is shielded from any such claims by the broad protection afforded to “expressive works” under the First Amendment.

“World of Warcraft” Creator Takes Battle to Court over Game’s Characters


Imitation the Sincerest Form of Flattery? Court Dismisses Video Gamer’s Right of Publicity Claim


Defending Design: How Fashion Brands Protect Products with Trade Dress

Fresh from the runway to the front pages of the internet, fashion designs are now instantly available for anyone to examine and copy. However, designers are not without legal protection. Fortune reports that major fashion brands like Tory Burch, Belstaff, Christian Louboutin, Hermès, and Alexander McQueen are successfully utilizing trade dress and design patent laws to defend and protect their creations from pirates.


District Court Gives Go-Ahead to Marilyn Monroe’s Estate on False Endorsement Claim


Fashion Counsel: Protecting Fashion's Trade Secrets

In this episode of Fashion Counsel, partner Anthony Lupo talks with Intellectual Property partner Dana Finberg about trade secret basics, including how they differ from patents and how to define it in the eyes of the law.

District Court Addresses Trademark Attribution in Manufacturer-Licensee Dispute

Clients often ask whether—and, if so, when—they must use the ® and ™ symbols, or other forms of attribution, when using another company’s trademarks. This question arises in a variety of settings. For example, a company may want to use another’s trademark in order to make a comparative advertising claim, to state that its product is compatible with another company’s product, or to identify a business relationship with another company. The rules for the attribution of another’s trademarks are not cut and dry.


Leading Fashion Law Attorney Anthony Lupo to Discuss Fashion & Design in the Digital Age

On September 18, Arent Fox Fashion Law practice leader Anthony Lupo will present a seminar at the US Patent and Trademark Office (USPTO)  during a week-long conference addressing “Copyright, Culture, Art, and Science in the Digital Age.” During the panel discussion, “Hot Topics in Fashion & Design in the Digital Age,” Mr.


Cheerleader Uniform Designs Eligible for Copyright Protection, Sixth Circuit Rules

In a closely-watched fashion design case, the Sixth Circuit ruled last week that decorative designs on cheerleading uniforms are eligible for copyright protection. The US Copyright Act does not provide protection for functional aspects of clothing. However, it is possible to obtain copyright protection for purely-decorative features of clothing that exist independently of an article’s utilitarian aspects, which is the heart of the issue the Sixth Circuit was grappling with. The 2-1 opinion in Varsity Brands et al. v.


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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.