Kate Spade Sued for $1M over Poppy Print

This is one for all my lawyer katespade-aholics:

kate spade new york or Kate Spade who is no longer with the company ( I don't know which one exactly) is being sued over the poppy print from a few years ago because it looks a lot like Vera Neumann's painting from the 1970's.  There are several different poppy prints by both Vera and ksny so I don't know which ones are in question.  While I agree it is all "inspired by" Vera's poppies, I don't see how they can sue over it.  This is the time to comment lawyers and law students, please find out all the details and share your insights!
via fashion law

view the info on styleite.com

The Fashion Law: Kate Spade Sued for $1M over Poppy Print: Kate Spade is being sued for $1 Million in a copyright infringement suit over an iconic poppy print. The trustees of artist Vera Neumann's ...

My uninformed opinion is that this will be thrown out by the court but I don't know if there are any details that might make it stick.  I would love to know why Vera's lawyers think they can pull this off.



Lydia N. said...

I don't see how they can successfully sue. Prints are not similar enough to me. We only have so many mediums with which to work and poppies are a very popular flower. Seems like all water color poppies would turn out looking similar.

JewishGirlBlog said...

Ah, I wish I knew more about fashion trademarks! I agree with the egregious comment in my uninformed perspective, at least...these prints do NOT look similar enough. Poppies by nature will resemble each other.

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Kamela said...

Open up any 101 watercolor book and you'll find the lesson on how to paint that poppy watercolor. Oh please!!!

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