Non-Traditional Trademarks: The Elusiveness of Branding a Trend

A look at several unique trademark cases where the plaintiff fashion brand proactively sought to invalidate a competitor's non-traditional trademarks, an action which reflects a push back on increasingly aggressive litigation tactics by fashion brands seeking to blur the lines between a non-protectable fashion trend and a protectable trademark.

10 minute read October 01, 2018 at 12:07 AM
By
Olivera Medenica
Non-Traditional Trademarks: The Elusiveness of Branding a Trend

Earlier this year, fashion brand Steven Madden, Ltd. filed a declaratory judgment action against Jasmin Larian, LLC in a trademark dispute involving the latter's Cult Gaia “Ark” bag, a structured handbag made of interlocking rigid strips arranged in a half-moon shape.

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