Latest Articles

Manufacturers may assume that protection of their brands can only be achieved through trademark protection of names, logos, and slogans. In fact, a broad arsenal of intellectual property tools is available to ensure that third parties do not infringe a manufacturer’s rights in its brand and products.  This article discusses some of the tools under U.S. law, other than trademark law, that manufacturers should consider as part of their arsenal of brand protection.…
There is a serious skills gap crisis in the U.S. manufacturing industry, an industry which makes up nine percent of the U.S. workforce, making it one of the largest workforces in the country.  The manufacturing industry, like many other industries in our quickly-shifting, modern economy, requires skilled workers to fill critical positions, such as machine/equipment operators and automation supervisors.  Without these skilled workers, the manufacturing industry would undoubtedly be disrupted and overall production and revenue…
There is a serious skills gap crisis in the U.S. manufacturing industry, an industry which makes up nine percent of the U.S. workforce, making it one of the largest workforces in the country.  The manufacturing industry, like many other industries in our quickly-shifting, modern economy, requires skilled workers to fill critical positions, such as machine/equipment operators and automation supervisors.  Without these skilled workers, the manufacturing industry would undoubtedly be disrupted and overall production and revenue…
Social media influencers have become one of the most effective channels for companies to reach and engage with their target market online. So far in 2017, marketers have spent over $1 billion to have influencers post Instagram photos marketing their products. Last year, marketers spent $576 million. Because of the increased popularity with this new form of marketing, the FTC has begun to crack down on these influencers and the companies using the influencers to…
The US Supreme Court’s ruling in Star Athletica v Varsity Brands provides a path to copyrightability for pictorial or graphical elements of clothing designs and useful articles. Laura Ganoza and Julie McGinnis of Foley & Lardner explain. The US Supreme Court issued its opinion in Star Athletica v Varsity Brands in March. In an effort to resolve inconsistency in the various circuits, the decision sets forth a test for determining when a feature of a…
Later this month, the US Supreme Court will hear oral arguments in Star Athletica v Varsity Brands. The central question presented asks the Supreme Court to clarify the appropriate test that should be used to determine when a feature of a useful article is protectable under United States copyright law. While the case involves cheerleading uniforms, the ruling may have significant implications for fashion designers and manufacturers, as well as other creators and manufacturers of…
The fashion industry, more so than almost any other industry, is driven by individuals — individuals who capture the essence of a desired persona with their unique clothing and accessory designs. Individuals whose very names evoke images of glamour and style. Individuals whose names have become famous international corporate brands. Burberry, Chanel, Gucci, Prada, Versace. Most people hear these words and think of things, not individuals. This association that your brain makes, going from the…
A British vote to leave the European Union (EU)—the Brexit referendum issue scheduled for a vote on June 23, 2016 — would have a significant effect on intellectual property right-holders, such as manufacturers doing business in Europe, as IP rights are governed by numerous EU regulations. Bearing in mind the intricate economic relationship between the UK and the EU, the British government would likely apply transitional provisions to the EU-wide IP rights currently in place…