Drawing the Line Between Trademark Use and Fair Use in the Context of Style and Product Names

Reference Materials (26 pages)

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. 

Keynote Speaker:
Barbara Kolsun, Professor of Practice and Director, FAME Program, Cardozo Law School

Panelists: 
Jessica Cardon, Deputy General Counsel, Perfumania
Jessica Heiss, VP & Trademark Counsel, The Estee Lauder Companies, Inc.
Laure Sawaya, Associate, Pryor Cashman (former Legal Counsel at Vince)

Moderator: Karla Aspiras, IP Counsel, TAPESTRY

CLE Credit: 1 Areas of Professional Practice

Agenda: 
5:30-6:00 – Registration and Networking
6:00-6:30 – Fashion Law Committee Meeting (all welcome to join)
6:30-7:30 – Opening Remarks from Barbara Kolsun followed by CLE presentation
7:30-8:30 – Networking

Hosted by NYIPLA Fashion Law Committee

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