October 30, 2019
Pryor Cashman LLP
7 Times Square
New York, New York 10036
Associate Laure Sawaya will be a panelist at "Drawing The Line Between Trademark Use and Fair Use in the Context of Style and Product Names," a CLE event by the NYIPLA's Fashion Law Committee. The panel will discuss the impact of Hard Candy v Anastasia, an 11thCircuit case that examined whether the use of a cosmetics' company's longstanding and famous house mark HARDCANDY by another cosmetics company as the shade name for one its products constitutes trademark infringement or a descriptive fair use. The case deals with a sensitive issue that has an impact across a variety of fashion sectors including apparel, luxury goods and cosmetics. Some of those issues include: what are a company's rights in and to its product and style names? What if they become famous (think the "MUSE" handbag by YSL or the "BIRKIN" bag by Hermes)? More importantly, under what circumstances can a company use another company's trademark as a style or product name without creating confusion or diluting that mark?
Other panelists will include Barbara Kolsun, Professor of Practice and Director at the FAME Program, Cardozo Law School and Jessica Cardon, Deputy General Counsel at Perfumania. The event will be moderated by Karla Aspiras, IP Counsel at TAPESTRY.
For more information or to register for this event, please click here.
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