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The Briefing: Brandy Melville Loses Trademark Case Against Shein Over Photos

IP Law Blog
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Summary

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  • In a pivotal discussion, Weintraub Tobin partners Scott Hervey and Tara Sattler analyze the court's ruling on Brandy Melville's trademark claims against Shein.
  • The court classified the copied photos as a copyright issue rather than a trademark issue, impacting the outcome of the case.
  • Key insights include what Brandy Melville needed to demonstrate to support its claims and strategies for brands to protect their visual identity online.
  • This episode clarifies the boundaries between copyright protection and trademark law—essential listening for brands navigating these complexities.

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