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What the SCOTUS Sales Tax Ruling Really Means

what the SCOTUS sales tax ruling really means spear ip fashion law internet law

Last week (specifically, on Thursday, June 21, 2018), the Supreme Court ruled on a South Dakota law relating to the collection of sales tax for online purchases. Cue a frenzy of brands and online retailers trying to decipher what this SCOTUS sales tax ruling really means. Here’s a breakdown of the decision.

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Second Anniversary: Blog Round-Up

spear ip legal checklist for modern business

This month marks the second (!) anniversary of Spear IP’s opening. You might notice that Spear IP started as a general intellectual property law practice. In its second year, Spear IP pivoted to focus on the fashion, hospitality, blog and new media, and tech industries, along with creative (non-musical) professionals. Here is a look back at the lessons learned and content shared on the Spear IP Blog during Year Two.

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Making Sense of Labeling Requirements for Clothing and Apparel

fashion law and labeling requirements for clothing

Labeling requirements for clothing and apparel — what a topic! Many of us are now in the habit of asking where our food came from and what’s in our favorite snacks, and consumers, in increasing numbers, are starting to look at the makeup of our clothing. Fiber content and place of manufacture are but some of the items listed on a clothing label. This post provides some basic education on apparel labeling requirements.

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Who Made My Clothes: Beyond Fashion Revolution Week

#whomademyclothes

Fashion Revolution Week is coming to a close. What is Fashion Revolution Week? It’s not just the movement behind the hashtag #WhoMadeMyClothes. The Fashion Revolution is a movement with the clear goal of encouraging consumers to be aware of where their clothing comes from, and making purchasing decisions based on that information.

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First Anniversary: IP Lessons from Spear IP

First Anniversary: IP Lessons from Spear IP

This week, Spear IP celebrates its first anniversary. From fashion, to event planning, to technology and beyond, Spear IP has had the pleasure of assisting its fabulous clients with their intellectual-property, contractual, and business-related needs. This post takes a look back at the IP lessons learned from the Spear IP Blog in the last year.

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Spear to Present In Nashville Fashion Week Kickoff

fashion and ip copyright

On March 31, 2016, the Tennessee Bar Association, in conjunction with producers Ramona de Salvo and Brian Frye, will offer a continuing legal education course entitled Tennessee Fashion Law: Protecting Brands, in which Maria Spear will be a featured speaker.

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Put A © On It: Copyright Registration for Jewelry

Copyright Registration for Jewelry

Obtaining a copyright registration for jewelry is a little less challenging than obtaining a copyright registration for clothing. Copyright protection in the context of apparel hits a snag because of the functional or “utilitarian” aspect at play. (Remember?) So what makes jewelry different? And is there a cost-effective way to achieve copyright registration for jewelry collections?

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Corncob Pipe? IP Protection for Costumes

IP Protection for Costumes

IP protection for costumes and uniforms is slightly different than the protection allowed for regular apparel, as costumes are a special subset of your ordinary fashion item. As previously discussed, copyright protection is sometimes difficult to come by in the fashion industry. Apparel on its own serves a “utilitarian” function by clothing us, adorning us, and keeping us warm and stylish. But what of costumes? Is a costume a “useful article”?

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EntreprAdmire January 2016 Edition

EntreprAdmire January 2016

#EntreprAdmire: A monthly series that highlights brands or entrepreneurs that have a certain “it” factor that is, well, admirable. This month, the focus is launching, growing, and getting organized (because what better time than the start of a fresh, new year to start a fresh, new project).

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Apples® to Apples: Policing Your Trademark

Policing Your Trademark

It’s November, and we are well into apple season. Have you heard about the trend in apple branding and policing of fruit-related tradmarks? It all started with the Honeycrisp, a variety of apple that has apparently revitalized the apple industry. Apple “brands” have been cropping up (pun intended), and the owners are taking trademark ownership seriously in protecting, policing, and monitoring their marks.

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Fashion and IP, Part Four: Design Patent

fashion and IP design patent

The final part of a four-part blog series on the intersection of fashion and intellectual property law, this post touches upon design patents and their role in the fashion industry. (Playing catch-up? Click for the previous posts on fashion and IP, namely, copyright, trade dress, and trademark/counterfeiting.)

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Fashion and IP, Part Three: Trademark & Counterfeiting

fashion and ip trademark and counterfeiting

Trademark is likely the first area of IP that fashion brands think about. It’s the name or symbol that will appear behind a runway, on a website, or on a hangtag. This post discusses trademark law protection for fashion brands, and the relationship between trademark and counterfeiting.

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