ZIPped Back Up: Williams-Sonoma Gains Federal Dismissal Of New Jersey Consumer Privacy Claim in Feder

By Valentina Shenderovich
Sheppard Mullin Fashion & Apparel Law Blog | Article Link

In Feder v. Williams-Sonoma Stores, Inc, the United States District Court for the District of New Jersey joined the New Jersey Superior Court in weighing in on the issue of whether a retailer violates consumer privacy state law by requesting a customer's zip code at the point of purchase. Feder was brought by the same plaintiff’s lawyers and with claims similar to those in the state court case Imbert v. Harmon Stores, Inc. (Bed, Bath & Beyond). Imbert was decided last month, but without any written decision, and permitted that case to proceed past the pleading stage. The District Court in Feder, however, issued the first written opinion under the New Jersey statutes, finding that allegations that a zip code was verbally requested could not support a claim under New Jersey law.

Luxury Status Symbols as Art in “Decepción” Exhibit

By Tracy Ederer
Fordham Intellectual Property, Media & Entertainment Law Journal
IPLJ Article Permalink

I took a trip last Saturday morning to the new exhibit at the Mary Boone Art Gallery, at 745 Fifth Avenue – a gallery smack in the middle of all the glamorous, high-end designer boutiques.  They were featuring an exhibit by the talented artist Luis Gispert, entitled “Decepción.”

Madonna's 'Material Girl' Trademark Claim Rejected by Judge

By Eriq Gardner
THR, Esq. | Article Link

The singer is fighting a lawsuit brought by an L.A. clothing company, arguing that she was the first to use the phrase in her 1985 hit song.

Madonna might be living in a material world, but her hold on the phrase "Material Girl" is legally dubious.

A federal judge in California has rejected the pop star's argument that she has established trademark primacy over "Material Girl" for a line of clothing just because she created a song by the same name in 1985.

Madonna and her company, Material Girl Brand, are fighting a lawsuit brought last year by LA Triumph, an L.A.-based clothing retailer that claims to have been selling "Material Girl" clothing since 1997 and has a registered trademark.

$430K Settlement Reached in Love Twitter Lawsuit

Associated Press (Los Angeles) | Article Link

Courtney Love's 140 character Twitter rants against a fashion designer are costing her more than $430,000, an attorney says.

The singer has settled a lawsuit filed by Dawn Simorangkir, who sued the Hole frontwoman in March 2009 accusing her of making false statements about the designer and her past in a series of postings on the microblogging site Twitter and Love's Myspace blog.

The settlement was confirmed by Simorangkir's attorney, Bryan J. Freedman. The designer's label is called Boudoir Queen, and according to her lawsuit, she first came in contact with Love in 2008 and they met in February 2009 in Los Angeles to discuss some custom clothing.

Madonna Sued For Being The Material Girl?

By Diana Sanders

Fordham Intellectual Property, Media & Entertainment Law Journal

IPLJ Article Permalink

When Madonna rose to international superstardom with her 1985 hit “Material Girl,” from her sophomore studio album, ‘Like a Virgin,’ the song title soon became synonymous with the artist. Decades later, she has collaborated with daughter Lourdes Leon to create a juniors fashion line cleverly named “Material Girl.” The clothing line, released exclusively to Macy’s just last month, has stirred media attention for its risqué advertising campaign and, more recently, for a legal battle over its famous name.

LA Triumph, a California corporation, filed suit for trademark infringement against Madonna and Material Girl Brand, LLC (“MGB”) on August 19, 2010 in U.S. District Court for the Central District of California. LA Triumph is the successor in interest of OC Mercantile Corporation, a company issued a state law trademark by the State of California for the name “Material Girl” in 1997. The complaint states that the companies have since been selling clothing under this mark nationwide through retailers such as Nordstrom and Ross. MGB filed a federal “intent to use” trademark application on December 4, 2009 with the United States Patent & Trademark Office (“USPTO”) for the use of the Material Girl mark, and the application is currently pending.  A quick online search reveals that neither OC Mercantile nor LA Triumph have registered their marks with the USPTO.