Fashion Law: Trademarks and Anti-Counterfeiting Considerations

Panelists will address trademark considerations in the fashion industry including trademark prosecution and counterfeit products. The discussion will include the requirements for trademark registration, examples of counterfeit trademarks as well as issues surrounding "gray market" products. Panelists will also review recent cases and discuss the potential impact on the fashion industry.

1. Identify the requirements for establishing a civil cause of action for an owner of a registered mark
2. Discuss the Lanham Act definition of counterfeiting and how the process and ultimate remedies differ from ordinary trademark infringement actions
3. Examine the issues surrounding "gray market" goods including when authorized distribution of goods becomes problematic and the challenges of parallel importing
4. Review recent case law developments in these areas and discuss the potential impact on the fashion industry