FUR-rocious PETA renames the Olsen twins to Hairy Kate & Trashley

Mary Kate and Ashley Olsen released a $16,900 fur patchwork backpack. I think they were rebounding from The Row's alligator backpack, which despite the $34,000 price tag flew off the shelves. I doubt they imagined they would end up as stars of PETA's Full House of Horrors video.

See more at peta2.com! 

The two essential elements of infringement are copying and improper appropriation.
Wondering why PETA may get away with making this video although the creators of Full House (likely) did not agree to such use? Well, copying is permissible if it is excused through a defense like fair use (discussed here), independent creation or if only unprotectable elements are copied. 

Here, PETA's Trollsen twins campaign is a clear parody.* If you think PETA, in all of its fur fury, may have taken too much of the orginal Full House show I want to point you to when 2 Live Crew did a parody of Roy Orbison's "Oh, Pretty Woman."**

The bloody mess of a dress is definitely a Carrie at Prom look but also somewhat of a July 4th look. So, if you have to go to work and you're wondering what to wear to celebrate July 4th, perhaps my PETA styling will motivate you.

On PETA's site, hovering over the items that are dripping blood tells you how the animals died

Okay, aside from looking like a zombie, Ashley Olsen Trashley looks like she had an unfortunate surprise from every woman's favorite monthly visitor.

While styling Mary Kate Hairy Kate, I realized I previously sported a similar look:

Outfit details
Me: Gucci; M-K: Design by PETA   :)

Okay, I do not actually mean to poke fun of animals that are killed for fashion or promote the killing of animals. With so many things to worry about in life, I don't currently include animal rights issues on my plate--I just include animals on my dinner plates. But if you are into these issues, please feel free to school me on them!

Let me know what you think of PETA's campaign!

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Here's the mess of a bag that got PETA all worked up against the twins:

Source: purseblog.com via Fashion on Pinterest

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*A parody makes fun of an original work by imitating and distorting it; audience must recognize the connection between the parody and the original, which requires some copying of the original
** The court held that even though 2 Live Crew’s parody took the first line of lyrics and characteristic opening bass riff from the original and therefore made the heart of the original the heart of the parody, this was purposely done “to purloin a substantial portion of the essence of the original” Campbell, 510 U.S. at 587

What to wear for Memorial Day

Keep a little spring in your step during the holiday weekend by wearing colorful shoes.

A red, white, and blue color scheme is just as predictable for memorial day as it is for independence day but that is because it is patriotic and works! You cannot go wrong with these colors. But if you want to change it up, go monochromatic this year. Need to wear less? You can change my red nails, white purse, and blue shoes for red lips, white bikini, and blue skies.

This dress is extremely comfortable, affordable, and petite friendly. This dress is spacey throughout the bust so it works well to camouflage a fuller chest or accommodate broad shoulders. I did not mind the sleeves so much since they helped protect me from the sun but I am thinking of removing the sleeves.

I hope to one day have a large boutique-style walk in closet where I can display shoes as art. You see, I like the curves of sexy stilettos but I would prefer to display them because I do not like to torture my feet.

How quickly can you walk in heels compared to when you walk in flats? 

Here I am caught in flats. Truthfully, I am almost never in stilettos. I like to walk fast and high heels slow me down! Also, if I will be grilling or barbecuing, comfortable shoes are a must for me.

Outfit details:

Old Navy faux-wrap dress

Christian Louboutin heels

Foldable Fendi flats

White python Gucci purse

Submariner Rolex with blue face

Kate Spade bangle

YSL arty ring

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Guess who copied Gucci! Yes, Guess!

Fashion law update on the case of Gucci v. Guess

The Guess sneaker above was found guilty of many counts of trademark dilution ;)

Super quick recap: Three years ago, Gucci filed a trademark infringement lawsuit against Guess. For more info read my first post about this case (here).

Super quick update: Yesterday, Guess was ordered to pay Gucci $4.66 million (of the $221 million sought) for trademark infringement!


Judge Scheindlin (Judge Shira Scheindlin, not Judge Judy Sheindlin), found Guess guilty of four out of the five trademark fashion law crimes alleged by Gucci. Guess's use of script mark was the only thing that got away here because script fonts are extremely common in the fashion industry.

I previously discussed that Gucci might have some hurdles over the statue of limitations. Judge Scheindlin's opinion explained that 

"although the Lanham Act does not include a statue of limitations, the Second Circuit has held that the six-year limitations period from New York State fraud law applies." However, as trademark infringement is a 'continuing wrong.' the statute of limitations defense only applies to bar monetary recovery beyond the statutory period, and does not limit the availability of injunctive relief." 

As to dilution, since Gucci had no evidence of actual dilution, the Judge granted summary judgment on this point.


I will not regurgitate what you can read in the opinion (here). This opinion was a quick and fun read. If you enjoyed my previous posts discussing likelihood of confusion then you should take a look at how a Judge goes through the different factors.


...But what does it all mean?
Well, aside from the money Guess will have to shell out to Gucci, it will have to spend a lot more pesos to change up its trademark infringing designs and logos. The fashion world shall say goodbye to Guess's interlocking G logos. But do not fret! Guess will likely find new "inspiration" for us to discuss!

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Gucci v. Guess fashion law fun

Another case of when imitation is not the sincerest form of flattery.

Three years ago, Gucci filed a trademark infringement lawsuit against Guess. Unfortunately, Gucci's then in-house counsel was not up to date with his bar registration. I am not sure why it took three years later for this case to continue but at the end of March the case finally made its way into federal court in Manhattan before Judge Shira Scheindlin. If only they had waited 1/2 year longer and hired me, this could have been such an easy win for me. I love Gucci (the products, history, and salespeople alike--except for one nasty woman I encountered in Venice).

The issue in this case is Guess's blatant use of Gucci's products for imitation inspiration. Particularly, Guess's use of the square G and quattro G designs along with post-sale customer confusion. Guess's footwear licensing company, Marc Fisher Footwear, copied Gucci's trademarks and recognizable trade dress: the diamond-shaped pattern, green and red stripe design, and cursive font.

Guess's defense: It took inspiration from many designers. It does sound like something silly to use as a defense but with so much evidence, like e-mails from 1995 to 2008 saying that Marc Fisher Footwear mentioned sending Gucci fabric samples to Guess's fabric supplier to use for replication and an admission that $75,000 of Gucci products were purchased by Guess, the best Guess could hope for is to show that they took small ideas from many designers rather than too much from one.

 You be the judge: Was Guess inspired by Gucci or did Guess purposely copy Gucci? 

Gucci's only problem in my opinion may be that so much time has gone on with Guess infringing Gucci. As I mentioned previously, when a brand knows that its trademark is being misappropriated it needs to react in order to maintain the integrity of its mark.

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