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Showing 5 posts in Trademarks.

First Steps in Protecting a Trademark

You are using a trademark; what do you need to do to protect it? You need to file for protection at the state or federal level. But there are several first steps that should be done before you proceed with filing for state or federal protection. Learn more about these first steps in this short video clip.

Categories: Intellectual Property, Trademarks

Getting Your Design House in Order

designOn Tuesday, February 16, 2016, The Runway, Lansing’s fashion incubator, kicked off its 2016 Fashion 411 speaker series with the highly energetic duo, Claire and Shawn Buitencorp of Shock & Awww. Foster Swift was proud to be a sponsor of the event, but I did not prompt them to advise attendees to take care of legal matters. I was, of course, pleased to hear that advice coming from this successful duo, along with their advice to know when to rely on others to advance your business and the importance of research. Read More ›

Categories: Entity Planning, Intellectual Property, Trademarks

Make Your Mark - Defining and defending your brand with a trademark

brandingFor those of you that attended the first event in The Runway’s 411 Speaker Series, you've surely been thinking about Jen Guarino’s branding advice. We have the perfect follow up. Once you've worked hard to perfect your brand identity and you are ready to launch your business, how do you draw attention to and protect your brand? You need a trademark. 

I’ll be leading a panel of attorneys from Foster Swift’s Fashion and Design team, Fosterfashion, Sam Fredrick, Zack Behler and John Mashni, as we talk trademark. What is a trademark, when is DIY a good idea, when do you need an attorney, when should you invest in registering a trademark, and how do you benefit from enforcing your trademark? We will answer these questions and explain what you need to do before you commit to the name and logo that will represent your brand.

If you want to avoid costly mistakes and benefit from all of the effort that you’ve put into perfecting your brand identity, we look forward to seeing you today, on June 16! Register here. And thanks - your registration fees support The Runway!

Categories: Intellectual Property, Trademarks

Trade Dress – A Good Fit for Fashion?

United States fashion designers must face the reality that the overall appearance of their garments and accessories can and will be copied. The absence of statutory protection from design piracy is particularly problematic where advancements in digital technology facilitate copying. Are you prepared to move quickly to your next vision, anticipating the last will be copied? Will you instead create a garment or accessory that is impossible to copy at a price point enticing to a design pirate? An alternative to such “self-help” is to find a way to protect your design work, to the greatest extent possible, by adopting existing intellectual property laws.

Fosterfashion will explore the use of existing trademark law by fledging designers in a post later this spring. The IP Section of the State Bar of Michigan recently invited me to comment on the use of trade dress claims to protect fashion design. As I concluded in the recent edition of IPLS Proceedings, trade dress claims can be a very good fit for an established designer.

Categories: Intellectual Property, Trademarks

Foster Swift Obtains Unanimous Jury Verdict against Competitor Manufacturer and Sales Agent in Federal Trademark Law and Unfair Competition Case

Foster Swift is pleased to share news of its success in federal court, representing a manufacturer whose patterns, vendor pricing list and raw materials sourcing were misappropriated by a former production manager and former outside sales agent.  If you have suffered such a loss at the hands of a former employee or sales agent, or if you wish to discuss protecting your proprietary information, please contact us.  – Deanna Swisher                  

A federal court jury in Detroit unanimously found in favor of Foster Swift’s client, an internationally recognized manufacturer of custom sports equipment. The complaint in the case alleged that the client’s former production manager and former outside sales agent, while still engaged by the client, had established a directly competing manufacturing and sales business, in breach of their fiduciary duties and duties of loyalty. The complaint also alleged violations of federal trademark law (false designation of origin), unfair competition and civil conspiracy. After a ten day trial in September 2014, the jury awarded Foster Swift’s client substantial monetary damages against the individual defendants, and against entities that each of them had formed, upon hearing evidence that they had misappropriated and used the client's corporate name, manufacturing patterns, vendor pricing lists and raw materials to establish their competing enterprise. Read More ›

Categories: Contracts, Manufacturing, Trademarks