Back Off of Botkier, Kim!
Friday, August 12th, 2011Big intellectual property news this week in the fashion world. Kim Kardashian’s fashion line for Sears, Kardashian Kollection, has allegedly knocked off Botkier‘s signature bag, Clyde. In an effort to protect their design, Botkier quickly sent off a cease and desist letter.

Because of limitations in the protection of fashion under intellectual property law, I’m guessing Botkier is alleging “trade dress” infringement. Trade dress essentially protects the shape of something. Examples include the shape of the Coke bottle, the McDonald’s Happy Meal box, and Taco Bell Restaurant buildings.
This would mean Botkier is trying to protect the silhouette of the Clyde bag, which they feel is distinctive. Remember, distinctive means that when you see the shape, you instantly recognize it as a Botkier bag.
Do you think Botkier has a case?
































