Suit over banana costume: a closet full of wearable-copyright disputes?

Kmart's knock-off banana costume just doesn't have the same a-peel, designer says https://t.co/x2B16jmea1

— Keith Robinson (@wkeithrobinson) October 2, 2017

The Supreme Court’s recent decision in Star Athletica v. Varsity Brands on cheerleader uniforms has generated new uncertainty as to where a line falls between useful aspects of apparel, which are not copyrightable, and decorative aspects, which are. “The ruling is widely expected to lead to increased litigation in the fashion industry.” A lawsuit against Kmart over its sale of a banana costume “could be the first in a wave of copyright lawsuits over fairly generic Halloween costume designs.” [Timothy Lee, ArsTechnica; Bill Duhart, NJ.com; Polly Mosendz and Kim Bhasin, Bloomberg]

Filed under: apparel, Christmas and other holidays, copyright

Tribe: don’t put Navajo name on products without a license

Trouble ahead for Apache helicopters and Oneida silverware? Clothing retailer Urban Outfitters “is facing a lawsuit from the Navajo Nation for selling clothing and merchandise with patterns inspired by Native American designs and including the word ‘Navajo’ or ‘Navaho’ in the offerings.” [Timothy Geigner, TechDirt]

Filed under: apparel, Indian tribes, trademarks

Chanel v. Ms. Chanel Jones

Chanel, the giant design house, has sued Ms. Chanel Jones of Merrillville, Indiana over her salon’s name [Julie Zerbo, Fashion Law Blog via Amy Landers, PrawfsBlawg]

Filed under: apparel, trademarks

Frontiers of the “right of publicity”

In general it’s actionable to claim, without a Hollywood celebrity’s consent, that he or she recommends or endorses your fashion item. But what about merely asserting, accurately, that the character played by the celebrity wore the item in a movie? Or publicizing a picture taken in a public place of the celebrity shopping for one’s product or at one’s store? Lawsuits filed on behalf of actresses Sandra Bullock, Katherine Heigl, and Halle Berry may help shed light on the question. [Mike Masnick, TechDirt]

Filed under: apparel, celebrities, right of publicity

February 20 roundup

“Woman Arrested Nine Years After Failing to Return Rented Video” [S.C.: Lowering the Bar, more]
“Why India’s Ban Against Child Labor Increased Child Labor” [James Schneider, EconLib]
“I’ve never seen an attorney general sanctioned.” Court hits Nevada AG Catherine Cortez Masto with sanctions after collapse of robosigning suit against mortgage servicer that state hired D.C.’s Cohen Milstein to bring [Daniel Fisher, update (case settles)]
Another review of the new collection The American Illness: Essays on the Rule of Law (Frank Buckley, ed.) [Bainbridge, earlier]
They would be major: “The Gains from Getting Rid of ‘Run Amok’ Occupational Licensing” [David Henderson]
E-cigarettes could save lives [Sally Satel, Washington Post]
How incentives to avoid tax can lead to social tragedy, in this case via ABBA stage outfits [Guardian]

Filed under: apparel, attorneys general, India, music and musicians, Nevada, occupational licensure, sanctions, Sweden, taxes

January 17 roundup

Among convict’s assortment of doomed pro se arguments: blaming Nike for not warning that its shoes might be injurious when used in stomping a victim [Oregon, Lowering the Bar]
Reinstated University of Colorado “deviance” prof: colleges sacrifice academic freedom to risk/liability fears [Chronicle of Higher Education]
Wisconsin court ruling “deals major setback to John Doe probe into recall elections” [Daniel Bice and Dave Umhoefer, Milwaukee Journal-Sentinel, earlier] About that Wisconsin Blue Fist: “what it was noisy about was a desire to be the clunking fist of state power” [Ann Althouse]
Obama Administration’s “pursuit of group justice actually leads to injustice to individual students” [Mona Charen, syndicated, on the new racial guidelines on school discipline, and thanks for quote]
Andrew Trask’s picks of 2013’s most significant class action cases and articles;
Slate legal columns, like horoscopes, should be labeled “for entertainment only” [Ramesh Ponnuru]
Remembering the days when Americans filed legal challenges against parking meters [Brian Doherty]

Filed under: apparel, class actions, colleges and universities, Dahlia Lithwick, disparate impact, pro se, roads and streets, school discipline, Wisconsin

“Despite outlaw image, Hell’s Angels sue often”

The case against Dillard’s we noted earlier this month, and the one against Saks a while back, are no outliers: “Just in the past seven years, the Hells Angels have brought more than a dozen cases in federal court, alleging infringement on apparel, jewelry, posters and yo-yos.” [New York Times]

Filed under: apparel, trademarks

“Hells Angels lawsuit accuses Dillard’s of trademark infringement”

“Hells Angels is suing 8732 Apparel and Dillard’s Inc. in federal court, claiming trademark infringement of its famous skull-with-wings logo known as the Hells Angels Death Head.” [My San Antonio] The U.S. Department of Justice along with various state law enforcement agencies have deemed the celebrated motorcycle gang to be an organized criminal enterprise.

Filed under: apparel, trademarks

Security agencies vs. being made fun of

In cease-and-desist letters, the NSA and DHS have moved to squash satirical use of their insignia in connection with t-shirts and mugs saying things like “The NSA: The Only Part of Government That Actually Listens” [Paul Alan Levy]

Filed under: apparel, free speech

Lululemon shareholder suit cites too-sheer garment

“A retirement fund for police and firefighters in Florida is suing Lululemon Athletica Inc., taking issue with a decision by Lululemon’s compensation committee to boost the maximum payout of the executive bonus plan just before a $60 million recall of yoga pants.” [New York Post]

Filed under: apparel, class actions