Fashion Law

Mr. Erikson has become an expert in apparel “knockoff” law, when one fashion designer, usually a corporate one, brazenly copies another. The victimized designer is usually a small one whose creativity and intellectual property is his or her greatest asset. The bad guys take images from the runway and get their copies in stores before the designer does.

Mr. Erikson has spoken about knockoffs before the Los Angeles County Bar Association, and has brought knockoff lawsuits on behalf of several high-profile designers. We also use trademark law to fight designers who try to confuse the public by stealing the overall vibe of another brand.

The problem with fighting fashion design theft in the courts is that, except in egregious cases, it’s very difficult to win. We have been active in efforts to lobby Congress to change copyright law to afford greater protection (read more in the News page). But it’s a tricky balance, because some level of copying and taking inspiration is inevitable and good. We challenge direct copies.

We also defend smaller fashion designers when larger apparel corporations threaten to bring expensive copyright or trademark litigation claims. The mere threat of a lawsuit is often enough to force a fashion designer to abandon work that’s perfectly legal, because it’s simply too expensive to fight. Call it might versus right. That’s where we have to get creative and use every weapon in the arsenal, including cost-effective legal strategy and even public relations.

While design theft is our legal fashion focus, we represent clients of all sizes, including fashion industry players, in the more day-to-day aspects of the clothing industry: licensing, manufacturing, vendors, ecommerce, etc.