Erica D. Klein and Yuridia Caire of Kramer Levin Naftalis & Frankel write: Fashion, while difficult to define, is easy to identify. But in an industry where aesthetic appeal drives purchasing decisions, are these elements rightfully proprietary assets, or rather decorative elements available for all to use? A recent case concerning a red sole on shoes has ignited this tension, and has highlighted fashion designers’ struggles to protect their valuable creations from others looking to emulate their appeal.
New Trends in U.S. Trademark Litigation Involving Chinese Companies 
Dale Cendali, a partner at Kirkland & Ellis, and Xiaoyan Zhang, an associate at Hogan Lovells, write that while lawsuits against Chinese companies for trademark infringement have traditionally been before courts of general jurisdiction, a new trend has emerged where they are being sued before the International Trade Commission. Also, there are signs that the historical practice of Chinese companies merely being defendants may be changing.
