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Presentation
Drawing the Line Between Trademark Use and Fair Use in the Context of Style and Product Names
The New York Intellectual Property Law Association (2019)
  • Barbara Kolsun, Benjamin N. Cardozo School of Law
Abstract
The Fashion Law Committee will hold a CLE presentation discussing the impact of Hard Candy v Anastasia, an 11th Circuit 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? These are all questions and issues the panel address with audience participation encouraged.

Karla Aspiras moderated. Panel also featured: Jessica Cardon, Jessica Heiss, and Laure Sawaya
Disciplines
Publication Date
October 30, 2019
Location
New York, NY
Citation Information
Barbara Kolsun. "Drawing the Line Between Trademark Use and Fair Use in the Context of Style and Product Names" The New York Intellectual Property Law Association (2019)
Available at: http://works.bepress.com/barbara-kolsun/8/