Fashion Law Network

This is a special episode featuring author, Alexandra Lange, who wrote one of my favorite books, Meet Me by the Fountain all about the inside history of shopping malls. We discuss our favorite mall architecture, current state of malls, future trends and much more! Enjoy and thank you for listening!

This episode is all about Hermes and the recent antitrust class action lawsuit filed in California alleging that Hermes is engaging in anticompetitive activities relating to the sale of the Hermes Birkin handbags. I provide my legal analysis and discussion on the lawsuit which includes Hermes' alleged practice of requiring customers to spend thousand on ancillary products before obtaining an opportunity to purchase a Birkin bag.

Episode Notes:

1. Cavalleri v. Hermes, N.D. Cal., No. 3:24-cv-01707, 3/19/24.

This episode is a deep dive into the recent legal battle that Chanel won against luxury reseller, What Goes Around Comes Around. I provide a timeline of the legal battle, my legal analysis of the recent jury trial and verdict (Chanel v. What Goes Around Comes Around) and a discussion on the future of the luxury reselling landscape. Enjoy and thank you for listening!

The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwelllaw.com. 

Episode Notes:

1. Chanel, Inc. v. What Comes Around Goes Around LLC et al, 1:2018cv02253 (S.D.N.Y. 2023)

This episode is all about the Burberry fashion house. I begin with a brief history of the brand and then discuss patent and trademark law in relation to Burberry. I end the episode with my legal analysis and discussion of a trademark opposition involving Burberry Limited and Mattel's "Barbie" trademarks. Enjoy and thank you for listening. 

The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwelllaw.com. 

Not Farfetch anymore! This episode is a follow up to my "Who's The Fairest of Them All" Pt. 1 episode when Farfetch was all the rage. How things have changed in a span of barely 2 years... listen to find out what happened to this former #1 ecommerce luxury online platform! I begin with a background of the Farfetch company, the recent events at the company and then I provide a legal discussion of a class action securities fraud lawsuit involving Farfetch. Enjoy and thank you for listenting.

This is a special episode of the podcast series with a featured fashion guest, James Keith. James it the owner of the luxury accessories line, Keith James. His line rose to fame from his signature "red bottom" hats/fedoras for men and women and has now expanded into various other accessories. On this episode we discuss the concept of quiet luxury, trade dress trademark protection, James' fashion line, new book and much more. Enjoy and thank you for listening!

Episode Notes:

1. www.keithjames.com

2. Rich Mindset Book link: https://www.amazon.com/gp/product/B0CL3L1FS7/ref=x_gr_bb_amazon?ie=UTF8&tag=x_gr_bb_amazon-20&linkCode=as2&camp=1789&creative=9325&creativeASIN=B0CL3L1FS7&SubscriptionId=1MGPYB6YW3HWK55XCGG2

This episode is all about the world of beauty pageants with a legal spin. This episode features a very special guest, Caitlin Machol, a former Miss USA contestant and Miss Wisconsin titleholder. I begin the episode by providing some background information on the famous, Miss USA, Miss Universe and Miss America pageants, then I discuss and analyze a few lawsuits the organizations have been involved with. Finally, Caitlin provides lots of inside beauty pageant information such as the various fashion rules the contestants must adhere to, her story in competing in the Miss USA pageant, meeting Donald Trump and much more! Thank you for listening and enjoy!

Episode Notes:

1. Miss Universe, LLP v. Miss Nude Southern USA

2. Miss Universe, LLP v. Diamonds International Corp.

3. Book: There She Was: The Secret History of Miss America by Amy Argetsinger

4. Book: Being Miss America: Behind the Rhinestone Curtain by Kate Shindle

The RealReal lit the fuse in the secondhand luxury market sector but is the fire dying down now? On this episode I discuss the current state of the secondhand luxury market including a brief background of  unique The RealReal business model and provide my legal analysis and discussion of an interesting securities lawsuit that The RealReal was recently embroiled with. Thank you listening, enjoy! 

Episode Notes: 

1. Sanders v. RealReal Inc., 5:19-cv-07737 (N.D. Cal.)

This is a special episode featuring Mr. Andrei Iancu, the former director of the United States Patent and Trademark Office (USPTO). We begin our discussion with a background and interesting details about the USPTO, the launch of the Council For Innovation Promotion and the value of patents. Then we discuss the recent controversial anti-patent remarks made by Elon Musk and the landmark Supreme Court case bearing my guest's name, Iancu v. Brunetti, which was decided during Mr. Iancu's time at the USPTO. Enjoy and thank you for listening! 

Episode Notes: 

1. Council for Innovation Promotion: www.C4IP.org

2. Iancu v. Brunetti, 139 S. Ct. 2294 (2019) 

The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwellip.com. 

This episode is all about the Dolce & Gabbana fashion house. I begin with a brief history of the brand and then discuss patent and trademark law in relation to Dolce & Gabbana. I end the episode with my legal analysis and discussion of a trademark infringement situation involving Dolce & Gabbana versus a store called Dolce & Banana! Enjoy and thank you for listening. 

The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwellip.com. 

How is luxury department store Neiman Marcus thriving when most department stores are struggling at unprecedented levels? I answer this question and much more on this episode. I also provide my legal analysis, discussion and update on the Neiman Marcus legal battle with (now closed) hedge fund Marble Ridge Capital.

Episode Notes:

1. Marble Ridge Capital LP v. Neiman Marcus Group Inc., et al, DC-18-18371 (116TH Judicial Circuit (Dallas))

2. Neiman Marcus Group Inc., v. Simon Property Group Inc.

This episode is all about the world of luxury fragrances with a focus on the famous Chanel No. 5 perfume. I begin with a brief history of the Chanel No. 5 perfume then discuss various forms of legal protection for fragrances and end the episode with a legal analysis of a recent lawsuit centering on the Chanel No. 5 perfume. 

Episode Notes:  1. Chanel v. Love Story No. 9  2. Civil Judgment No. 319 [2021], Final, Civil, Shaanxi of the High People's Court of Shaanxi Province. The ruling is accessible here, in Chinese, retrieved from China Judgments Online

This episode is all about the luxury fashion house of Christian Louboutin. I begin with some brief history of the Louboutin fashion house, then discuss patents and trademarks in relation to Louboutin. Finally, I discuss and provide a legal analysis of the landmark lawsuit over the red soled stilettos initiated by Christian Louboutin against Yves Saint Laurent. Enjoy and thank you for listening!

The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwellip.com.

Episode Notes:

1. Christian Louboutin S.A. v. Yves Saint Laurent America, Inc., 778 F. Supp. 2d 445, 451 (S.D.N.Y. 2011)

This episode is all about the post pandemic luxury sales boom many stores are currently experiencing, with a focus on famed American department store, Saks Fifth Avenue. Enjoy and thank you for listening. 

Episode notes:

1. Giordano v. Saks Inc., 1:20-cv-00833, (E.D.N.Y.)

2. Beauty Holdings LLC, d/b/a The Salon Project By Joel Warren v. Saks & Company LLC et al

This episode is all about the Missoni fashion house. I begin with some brief history of Missoni, then I discuss the concept of patent inventorship and analyze some interesting patents and trademarks that Missoni owns. Finally, I provide my legal analysis of a situation where a non-inventor filed and obtained a design patent for a very popular it bag, a cautionary tale of sitting on your intellectual property rights!

Episode Notes: 

1. American Bar Association article "Employee Inventors and Patent Ownership: Whose Rights Are They Anyway?" 

2. Trovan, Ltd. v. Sokymat SA, 299 F.3d 1292, 1302 (Fed. Cir. 2002)

This episode is all about luxury fashion counterfeiting. I provide some background information about the world of counterfeiting and discuss the latest U.S. Intellectual Property and Counterfeit Goods— Landscape Review of Existing/Emerging Research document. Then, I provide my legal analysis of three recent luxury counterfeit-centric lawsuits. Finally, I discuss the fascinating new blockchain technology (Aura Blockchain Consortium) aimed at stopping counterfeit luxury goods.  Enjoy and thank you for listening! 

Episode notes: 

1. Amazon.com, Inc. v. Fitzpatrick et al, 2:20-cv-016622 (W.D. Wash. 2020)

2. Facebook, Inc. et al v. Kokhtenko, 3:21-cv-03036 (N.D. Cal. 2021)

3. Amazon, Inc. and Valentino S.P.A., v. Kaitlyn Pan Group, LLC and Hao Pan, 2:20-cv-00934 (W.D. Wash. 2020)

This episode is all about the Hermes fashion house featuring a special guest, Cheryl, a fellow patent attorney and Hermes connoisseur. Cheryl and I are fascinated by the fact that Hermes rarely advertises but remains one of the top performing luxury fashion houses, they even surpassed their usual sales during the covid pandemic! Cheryl and I discuss the possible reasons for this, Hermes' extremely unique business method, intellectual property and much more. 

This episode is all about the Chloe luxury fashion house. I begin with some history of Chloe and Richemont, then discuss the interesting patents and trademarks owned by the fashion house and then discuss and analyze Chloe's recent B-Corp Certification. Finally, I discuss and analyze a trademark infringement and counterfeiting lawsuit that Chloe was recently embroiled in.

Episode Notes: 

1.  Link to Article " B Corp certification won’t guarantee companies really care for people, planet and profit" 

https://theconversation.com

2.   RICHEMONT INTERNATIONAL SA, CARTIER INTERNATIONAL A.G., MONTBLANC-SIMPLO GMBH, CHLOE S.A.S., VAN CLEEF & ARPELS SA, AND OFFICINE PANERAI A.G  v.  THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE “A,”,  1:19-cv-07908

This episode is all about the Prada fashion house. I begin with some history of Prada, then discuss the interesting patents and trademarks owned by Prada and then discuss and analyze a European trademark infringement case involving the Prada trademark and an Indonesian company seeking to trademark “The Rich Prada”. Finally, I discuss and analyze an unusual ongoing lawsuit that Prada is embroiled in , Caporicci v. Prada, concerning a battle over alligator hatchlings.

Episode Notes: 

1. Prada SA v EUIPO, T-111/16, Judgment of 5 June 2018, EU:T:2018:32

2. Caporicci U.S.A. Corp. v. Prada S.p.A. et al, 1:18-cv-20859

This episode is all about NFT, non-fungible tokens featuring a special guest, California based patent attorney and NFT legal expert, Irene Lee. For the past 20 years she has focused her practice on all aspects of intellectual property, including patent, trademark, copyright, trade secret, and right of publicity. I begin the episode with a brief definition of key NFT terms and then discuss my journey into the NFT purchasing landscape. During my discussion with Irene we learn about the various intellectual property law implications in relation to NFTs among many other NFT topics, such as fashion NFTs and tips for artists who may be interested in entering the NFT landscape. Enjoy and thank you for listening! 

This episode all about mergers, acquisitions and the recent LVMH/Tiffany acquisition. This is a special episode featuring an interview and discussion with Laura Noroski, a corporate transactional attorney in Orange County, California who is well-versed in merger and acquisition law.  Enjoy and thank you for listening! 

Episode Notes: 

1. Special Guest: Laura Noroski is a partner at the Orange County law firm, Garcia Rainey Blank & Bowerbank LLP and owner of www.mylawpal.com

2. Agreement and Plan of Merger: www.sec.gov/Archives/edgar/data/98246/

This episode is all about the Celine fashion house. I begin with some  brief history of the fashion house which started back in 1945, with a focus on the controversy when creative director Hedi Slimane took the helm in 2018. Then I discuss some brief patent and trademark law and how it relates to the Celine fashion house and at the end of the episode I provide a discussion and analysis of a famous French trademark infringement lawsuit when luxury fashion house Celine sued another company also named Celine in Nancy, France. The Celine in Nancy, France was selling clothing under the store name Celine. I think the conclusion in that case may surprise you! Enjoy and thank you for listening! 

Episode Notes: 

1. Céline SA v Céline SARL

This episode is all about the natural selection process in the retail industry. I focus my analysis on one endangered species in particular, the shopping mall. I begin with some background information and history on American shopping malls and discuss a few recent mall lawsuits. Then I discuss general bankruptcy law and provide a recent timeline of various major retailer bankruptcies.  

This episode is all about off price retailers! I begin with a discussion of the TJ Maxx family of stores (TJ Maxx, TK Maxx, Marshall's etc.) and how some major luxury designer merchandise from brands like Manolo Blahnik, Gucci, Fendi, Saint Laurent end up for sale there at a major discount. I also discuss other off price retailers like Last Call by Neiman Marcus. At the end of the episode I discuss and analyze the class action lawsuit Rubenstein v. The Neiman Marcus Group LLC which alleged that Neiman Marcus “labels its Last Call clothing with a tag that shows a markedly lower price from the 'Compared to' price which corresponds to the price that appears to be used in traditional Neiman Marcus retail stores". Enjoy and thank you for listening! 

Episode Notes: 

1. Rubenstein v. The Neiman Marcus Group LLC,  2:14-cv-07155 ( C.D. Cal. 2014)

This episode is all about the French luxury Givenchy fashion house. I begin with some brief history of the fashion house including how LVMH acquired the Givenchy company in the mid 80’s. Then I discuss patent and trademark law in relation to Givenchy focusing on trade dress which is a form of trademark law that I have not yet discussed on this podcast series. Finally, I illustrate how trade dress may be used in a fashion context by discussing and analyzing the trade dress infringement lawsuit of Givenchy v. BCBG Max Azria. Enjoy and thank you for listening!

Episode Notes: 

1. Givenchy S.A. v. BCBG Max Azria Group, Inc. CV10-8394 (C.D. Cal. 2010)

This episode is all about fashion designer, director and style legend Tom Ford. I begin with a brief biography and history of Tom Ford's career. Then I provide a legal analysis of the trademark infringement case Chadwick McQueen v. Tom Ford International LLC  over a Tom Ford shawl collar cardigan. Finally, I discuss and analyze how Tom Ford's counsel was able to register a trademark for Tom Ford's famous and controversial perfume name "fucking fabulous" overcoming the scandalousness provision of Section 2(a) of the Lanham Act including a discussion of the recent landmark Supreme Court decision in Iancu v. Brunetti.  Enjoy and thank you for listening! 

Episode Notes: 

1. Chadwick McQueen v. Tom Ford International LLC (2:19-cv-04074) (C.D. Cal. 2019)

2. Iancu v. Brunetti, No. 18-302 (U.S., June 24, 2019)

This episode is all about the application of Anti-SLAPP laws on a few high-profile entertainment and fashion industry lawsuits including in connection with the recent case of dbleudazzled, LLC v. Khloe Kardashian and Good American. This is a special episode featuring an interview and discussion with Mike Trauben, an entertainment attorney in Beverly Hills, who is well-versed in this field of law and has litigated some really high profile anti-SLAPP law cases. Enjoy and thank you for listening!

Episode Notes:

1. Special Guest: Mike Trauben is a partner at the Beverly Hills law firm www.singhtraubenlaw.com

2. dbleudazzled, LLC v. Khloe Kardashian and Good American, LLC, 20STCV20510 (Cal.Sup.)

3. James Bellino et al. v. Tamra Judge et al., 30-2018-01008497

Is social media the future of shopping? On this episode I discuss how social media is changing the way we shop, with a focus on Instagram. I discuss and analyze a few recent relevant utility patents owned by Instagram/Facebook and then go over a few lawsuits involving Instagram and influencers such as Conditi v. Instagram, LLC et al and Amazon.com, Inc. v. Fitzpatrick et al. Enjoy and thank you for listening!

Episodes Notes:

1. Brittany Conditi, et al. v. Instagram LLC, et al., Case No. 3:20-cv-06534-AGT (N.D. Cal. 2020)

2.  Amazon.com, Inc. v. Fitzpatrick et al, 2:20-cv-016622 (W.D. Wash. 2020)

3. Eva’s Photography, Inc. v. Fendi North America, Inc., 1:20-cv-03331 (S.D.N.Y. 2020)

4. Swedishandstylish LLC v. Christian Dior, Inc., 1:20-cv-02099 (S.D.N.Y 2020)

This episode is all about the impact of Brexit on intellectual property and fashion law.  This is a special episode featuring an interview and discussion with U.K. fashion lawyer and author, Rosie Burbidge. Rosie wrote the book titled, European Fashion Law. We discuss and analyze the various changes to trademarks, patents and copyrights due to Brexit among other issues.  Enjoy!

Episode Notes: 

1. Special Guest: Rosie Burbidge : Author of European Fashion Law: A Practical Guide from Start Up to Global Success and she is a partner at the law firm www.gunnercooke.com

2. Freddy SPA v. Hugz Clothing Ltd & Ors (2020) EWHC 3032 (IPEC)

This episode is all about the interplay of fashion and street art and the various intellectual property issues that may arise. I discuss and analyze a few interesting lawsuits involving artists Mr. Brainwash and Banksy. At the end of the episode I discuss a recent landmark lawsuit which awarded $6.75 million to street artists when their work was whitewashed off the exterior of a warehouse complex in New York. 

Episode Notes: 

1. Amusement Art, LLC v. Life Is Beautiful, LLC et al, 2:2014-cv-08290 (2019)

2. Banksy v. Full Colour Black 

3. Castillo v. G&M Realty L.P., No. 18‐498‐cv (2020)

I begin this episode with some background history  of the Chanel fashion house  then discuss general patent law and analyze a few interesting recent patents which are owned by Chanel. In the second half of the  episode I discuss and analyze the many updates in the ongoing Chanel v. The RealReal lawsuit. 

Episode Notes: 

1.  Chanel Utility Patent : Cosmetic article comprising stacked meshes

https://pdfpiw.uspto.gov/.piw?Docid=10842240&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3DHITOFF%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsearch-adv.htm%2526r%3D1%2526p%3D1%2526f%3DG%2526l%3D50%2526d%3DPTXT%2526S1%3Dchanel.ASNM.%2526OS%3Dan%2Fchanel%2526RS%3DAN%2Fchanel&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page

2. Chanel Utility Patent: Sestrin activators for preventing and/or attenuating skin ageing and/or hydrating the skin and/or for regulating skin pigmentation

https://pdfpiw.uspto.gov/.piw?Docid=10745755&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3DHITOFF%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsearch-adv.htm%2526r%3D4%2526p%3D1%2526f%3DG%2526l%3D50%2526d%3DPTXT%2526S1%3Dchanel.ASNM.%2526OS%3Dan%2Fchanel%2526RS%3DAN%2Fchanel&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page

3. Chanel v. The RealReal 1:18-cv-10626 (S.D.N.Y)

I have a very special episode today as I am joined by retail guru, Nicole Leinbach Reyhle who has been recognized globally as a top 10 retail thought leader. Nicole is the founder and publisher of retailminded.com which is a very popular publication for its leading retail insight and she is the author of the book “Retail 101: The Guide to Managing and Marketing Your Retail Business”. Nicole has published thousands of article for Forbes and Entrepreneur among other business trade magazines. Nicole is a sought after speaker to various retailers and industry leaders while also contributing as an expert to a variety of media outlets including The Today Show, CNBC and more.

On this episode, Nicole and I discuss the various changes happening to holiday retail this season, how retail has transformed since the Covid pandemic and the Shop Safe and INFORM Consumer Acts among other topics.

Episode Notes:

1. Featured guest: Nicole Leinbach Reyhle www.retailminded.com, Instagram @retailmindedworld, Twitter @RetailMinded

Is Farfetch the fairest luxury online platform of them all? This episode is focused on the company Farfetch as it has been touted as being one of the world’s most successful online luxury platforms. I discuss the history and brief biography of the owner and founder of the company and the Farfetch business model. Finally, I discuss and analyze the ongoing high profile federal securities class action lawsuit which Farfetch is embroiled in and which has not yet been resolved, despite starting in September of 2019. Enjoy and thank you for listening!

Episode Notes: 

1.  In re Farfetch Limited Securities Litigation, 1:19-cv-08657-AJN (S.D.N.Y. 2019)

I begin this episode with some background history of the House of Fendi and then analyze a few interesting patents and trademarks which are owned by Fendi. In the second half of the  episode I discuss and analyze two recent intellectual property lawsuits involving Fendi, one which Fendi filed against various alleged counterfeiters and then a lawsuit  that was filed by a photography company against Fendi for alleged copyright infringement of a "street style" photograph featuring the actress Blake Lively wearing a Fendi outfit. Enjoy and thank you for listening! 

Episode Notes: 

1. Fendi Design Patent : Handbag 

https://pdfpiw.uspto.gov/.piw?Docid=D0875392&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3DHITOFF%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsearch-adv.htm%2526r%3D1%2526p%3D1%2526f%3DG%2526l%3D50%2526d%3DPTXT%2526S1%3Dfendi.ASNM.%2526OS%3Dan%2Ffendi%2526RS%3DAN%2Ffendi&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page

2. Fendi S.R.L. v.  The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A", 0:20-cv-61724 (S.D.Fla. 2020)

3. Eva’s Photography, Inc. v. Fendi North America, Inc., 1:20-cv-03331 (S.D.N.Y. 2020)

I begin the episode with some brief history of the world’s  most valuable luxury conglomerate, LVMH. Then in the second half of the episode I go over  the  events that occurred since the attempted LVMH and Tiffany & Co. merger in late 2019. I then discuss and analyze the lawsuit that Tiffany & Co.  filed on September 9, 2020  against LVMH for attempting to back out of their deal. Finally, I discuss a few more relevant events that happened after this September 9, 2020 filing by Tiffany & Co. Enjoy and thank you for listening! 

Episode Notes: 

1. Tiffany & Co. v. LVMH Complaint filed on September 9, 2020:

https://static.reuters.com/resources/media/editorial/20200917/09172020tiffany.pdf

I begin Part 1 of this 3 Part Retail Climate Change mini-series where I discuss and analyze the changes to the current retail climate that have been accelerated by the pandemic, namely e-commerce. In this episode I discuss various online marketplace platforms and the changes they are facing along with a few relevant lawsuits. I also examine the new Amazon Counterfeit Crimes Unit and the recent (September 15, 2020) Amazon "Luxury Stores" launch and go over some of the recent patents Amazon has been granted by the United States Patent and Trademark Office. 

Episode Notes: 

1. Amazon, Inc. and Valentino S.P.A., v. Kaitlyn Pan Group, LLC and Hao Pan, 2:20-cv-00934 (W.D. Wash.)

2. Oberdorf v. Amazon.com Inc, No. 18-1041 (3d Cir. 2019)

3. Oberdorf v. Amazon.com Inc., 3d Cir. en banc, No. 18-1041

4.  Amazon Patent : System to Facilitate Communication

https://pdfpiw.uspto.gov/.piw?Docid=10778826&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3DHITOFF%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsearch-adv.htm%2526r%3D53%2526p%3D2%2526f%3DG%2526l%3D50%2526d%3DPTXT%2526S1%3Damazon.ASNM.%2526OS%3Dan%2Famazon%2526RS%3DAN%2Famazon&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page

5.  Tiffany (NJ) Inc. v. eBay Inc. 600 F.3d 93 (2nd Cir. 2010)