Cardozo Journal of Conflict Resolution
Abstract
This Note proposes that based on the nature of trademark disputes in the fashion industry, discussed in more detail below, alternative dispute resolution may be a viable option to resolve these cases. These alternative methods allow parties to explore mutually beneficial solutions, while avoiding litigation and ensuring the vitality of their brand. This Note also proposes that, based on previously successful programs used by other organizations, the Council of Fashion Designers of America should develop an alternative dispute resolution program to resolve disputes within the fashion industry.
Part II outlines the history of fashion design protection and examines the current types of legal protection, including proposed statutory regulations, available to fashion designs in the United States. Part III addresses the role and importance of trademarks in the fashion industry and also examines the disadvantages of trademark litigation, represented by a study of Christian Louboutin, S.A. v. Yves Saint Laurent America, Inc. and the fight over redsoled shoes. Part IV defines the various forms of alternative dispute resolution and analyzes how such methods are beneficial to fashion trademark disputes. Lastly, Part V concludes by examining how other intellectual property organizations have developed alternative dispute resolution programs to facilitate disputes and proposes a way the Council of Fashion Designers of America can successfully apply these initiatives.
Disciplines
Dispute Resolution and Arbitration | Intellectual Property Law | Law
Recommended Citation
Erica S. Schwartz,
Red with Envy: Why the Fashion Industry Should Embrace ADR as a Viable Solution to Resolving Trademark Disputes,
14
Cardozo J. Conflict Resol.
279
(2012).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol14/iss1/12