Page 2 - Katten Kattwalk and Kattison Avenue - Winter 2026 - Issue 5

Letter From

the Editors

e hope that all our readers enjoyed their holiday season and are having a wonderful start to the
new year. As we transition into 2026, we are excited to bring you the latest legal updates from
the fashion, retail, luxury, beauty and advertising industries in our combined winter issue of
WThe Katten Kattwalk and Kattison Avenue.

First, Litigation Partner and Deputy General Counsel David Halberstadter delves into Public Domain Day, when
copyright protection for an entire year’s worth of older works expires, which is celebrated by many creatives and
content creators on January 1. These works then become freely available to be incorporated into new works
or exploited for almost any purpose without permission, presenting myriad opportunities for retailers, fashion
designers and other advertisers. Then, Cynthia Martens, outside counsel to Katten, discusses New York State’s
new laws to regulate the use of generative artificial intelligence in the creative industries that call the Big Apple
home. Following her article, we hear from Health Care Partner Anthony Del Rio and Associate Julia DeVincenzi,
who explore how medical spas have become increasingly intertwined with fashion, beauty and entertainment,
evolving from a niche wellness service into a core element of the aspirational lifestyle promoted by influencers
and luxury brands. Afterwards, Intellectual Property Partner Nathan Smith writes about what happens when
a famous designer leaves the label and the business keeps using the designer’s surname as a trademark.
Next up, Advertising and Brand Litigation Partner and Co-Chair Christopher Cole discusses “net-zero” claims
by American corporations and why such claims are disappearing from the market. Finally, we hear again from
David Halberstadter and Commercial Litigation Associate Asena Baran, who provide an update on their
previously authored article about the ongoing copyright infringement case between British fashion house
Vivienne Westwood and three UK-based graffiti artists.

We hope you enjoy reading this issue as much as we enjoyed putting it together. As always, please don’t hesitate
to contact Katten with your fashion and advertising law questions.
Warmly,

Karen Artz Ash and Jessica Kraver

In This Issue

Page 4 Works Entering the Public Domain as of January 1

8 Fashion’s Machine Age?
10 How Med Spas Intersect With Beauty, Wellness and Law

15 London Legal Lens: The CJEU on Designer Surnames as Trade Marks
18 Net Zero Claims Under the Gun

22 British Graffiti Artists Sue British Fashion House, Stateside
26 Events and Recognitions
28 NEWS to KNOW

2 katten.com/intellectualproperty