Freshly Squeezed: Piperlime Adds Apparel to Its Roster

This just in: Piperlime (www.piperlime.gap.com) is starting to sell apparel on its website. Piperlime is a shoe e-commerce business that was started by Gap Inc. in late 2006.

Piperlime has developed its site in a traditional magazine editorial layout with "guest editors" such as the fashion stylist Rachel Zoe (www.rachelzoe.com) making style suggestions for the current season. Piperlime creates rich pictorials in order to entice its largely female demographic to purchase the high end shoes it purveys.

The site carries an extensive arsenal of labels such as Marc Jacobs all the way to Keds. Some recent offerings in the apparel market are: Paul Joe and Sister and Rebecca Taylor (definitely a must if you love ruffles this season).

LOVE IT!

LV Is on the Fringe With Its Lawsuits

(Image is actually authentic LV bags spray painted with the word FAKE for an art exhibition).

Rather than being content with having a ubiquitous presence in the fashion world and sometimes being on the fringe of art (see above), Louis Vuitton (LV) has pushed the litigation envelope further than I have seen most fashion houses able to do.

In their latest victory over piracy, they have been awarded $32.4 million in damages against an INTERNET SERVICE PROVIDER (ISP) called Akanoc. In the first verdict of its kind, a California jury has found that an ISP can be found liable for contributory trademark and copyright infringement.

The verdict opens the door for a new kind of liability: if you host websites that sell counterfeit items and even if you try to but fail to prevent this activity; you can be held liable.

This case could serve as an example for other ISPs to pay more attention when it comes to "Takedown" notices sent by copyright holders' attorneys complaining about infringement.

Takedown notices are notices that are sent by the attorney of a copyright holder that orders the removal of infringing material on an ISP. This is based on The Online Copyright Infringement Liability Limitation Act (OCILLA), a portion of the Digital Millennium Copyright Act known as DMCA 512 or the DMCA takedown provisions, which is a 1998 United States federal law that provides a safe harbor to online service providers (OSPs, including internet service providers) that promptly take down content if someone alleges it infringes their copyrights.

When Louis Vuitton's attorneys sent these notices to Akanoc back in 2007, they failed to respond. It is because of this failure to respond that they were denied the safe harbor that is typically granted to ISPs because of the OCILLA.

It is most likely why the jury was able to grant LV this award.

LV issued this statement in response to the news:

"We are very pleased that the jury recognized the Akanoc Defendants' contributory liability," said Nathalie Moullé-Berteaux, Intellectual Property Director of Louis Vuitton. "This decision is another important step towards reducing the illegal activity of websites selling counterfeit merchandise and enforcing the rule of law on the Internet."

"The size of this award should make it clear to all Internet Service Providers that they cannot act, or fail to act, with impunity when a trademark owner provides notice that websites hosted by the ISP are selling counterfeit goods," Moullé-Berteaux said. "We believe the size of the damages awarded should serve as a deterrent to other ISPs who may consider ignoring counterfeit trade on the websites they host."

Topshop Works With Freddy For Some Flashdance Inspired Workout Gear

Topshop will be releasing its collaborative line of workout wear with Italian designer Freddy Sept. 1, 2009. As you can tell from the photo of the line above, Jennifer Beals called and she wants her dancewear back. (Please see below)

Gwyneth Paltrow Enters the Fray

Gwyneth Paltrow has decided to enter the fashion industry's world with a collaborative effort for Zoe's Tees that will be sold exclusively in the UK for the retailer Matches .

I am just wondering whether it will bother her if her stuff gets knocked off like it did when Matt Stone appeared in a knockoff of her famous Ralph Lauren pink dress (please see above). Gwyneth has been pretty vocal about her annoyances about that singular dress being knocked off. The only question is; how does someone knock off boring grandma generic clothing? (please see her clothing line below).

LVMH Wins Damages In Counterfeit Suit

While this case may not be the most scintillating, it was a case that served as proof that when you get notice of a counterfeit lawsuit, you should probably respond! LVMH commenced a counterfeit lawsuit against Carducci Leather Fashions, Inc back in 2004 for infringing upon its Epi Leather trademark. As you can tell by the photo above, the Epi Leather trademark is the unique striations in the leather. The leather is cowhide that is dyed all the way through for a durable bag that lasts.

LVMH had settled their suit with Carducci back in 2006. LVMH discovered that Carducci was supplied these alleged infringing items by a company called Bonini Italian Handbags, Inc, LVMH added the corporation to the suit. While LVMH managed to settle out of court with Carducci back in 2006, Bonini failed to respond to the suit. As a result, a default judgment was entered against Bonini.

Judge John Keenan in the United States District Court in Manhattan entered the default judgment which included $100,000 per infringing item for a total of $400,000 in damages as well as close to $6,000 in attorney's fees.

The case was closed on August 19, 2009.

When Designers Can't Beat Them, They Join Them

Rachel Nasvik is a designer who has taken an unorthodox approach to piracy....she has joined forces with the pirates themselves. She has teamed up with certain purveyors of knockoffs in places such as Broadway and Canal Streets in order to sell her AUTHENTIC wares....at KNOCKOFF prices.

Ms. Nasvik works with her own marketing team in order to tell her followers on Twitter where her authentic wares will be for that day. While Ms. Nasvik suffered a loss for selling her own wares for ten dollars a piece, she was amazed at how many fans and followers she had. From the first tweet, it only took 8 minutes for her eight bags to be sold. That meant that there are a lot of people who are following Ms. Nasvik's tweets about her brand.

Her move also created brand awareness. The fact that people considered her line of bags well known enough to be knocked off is a marketing feat not accomplished by many.

You can check out Ms. Nasvik's line of bags here:

www.rachelnasvik.com

It Seems Like Everything You See In Vegas Is Fake

It seems that Chanel Inc. thinks that not all things in Vegas glitter with equal glitz and glam. They are slamming a lawsuit in Nevada against a Las Vegas based company called Top Modea Purses Inc.

Chanel Inc. says that Top Modea Inc. had infringed on its trademark through advertising and selling counterfeit purses that carry the Chanel trademark logo. The company also claims that there is likelihood of consumer confusion (potential Chanel customers may be scammed thinking that they are buying the "real deal") and also trademark dilution (the quality of the purses and wallets sold with the infringing logo are of inferior quality compared to the actual Chanel merchandise).

"Defendants' counterfeit goods are of a quality substantially different than that of Chanel's genuine goods," the document submitted by Chanel Inc claims.

"The net effect of the defendants' actions will be to result in the confusion of consumers who will believe the defendants' counterfeit goods are genuine goods originating from and approved by Chanel."

You can read the actual document submitted by Chanel Inc here:
http://media.lasvegassun.com/media/pdfs/blogs/documents/2009/08/06/chanel0806.pdf