IN THE PROFESSION
Book Review Shark Attack: How A Mom- Entrepreneur Defended Her Swimwear Company Against Trademark Infringement
DANIELA BRITTON Staff Attorney, Georgia Court of Appeals brittond @ gaappeals. us
What do you do when you desperately need a certain item but cannot find it anywhere, no matter how hard you try? Right – you create it. And then you sell it, because, chances are other people have been looking for it, too. But as soon as you enter the market, the real challenge begins. People want to steal your idea, take advantage of your naivete or lack of business skills, or just keep you out of the game altogether. In other words: You need a lawyer.
In“ Sink or Swimwear: My Crazy Days as an Entrepreneur Surviving Life, PTSD, and a Cutthroat Industry,” Jennifer Berk Weisman recounts her story of launching Just Bones Boardwear, a swimwear company featuring a patented adjustable waist design. A mother of twin boys who were avid swimmers, Weisman was unsuccessfully hunting for board shorts that fit their legs and waist at the same time – they were either too short for their legs but fit nicely around their waist, or vice versa. She needed shorts with an adjustable waist. Because they did not exist, she created her own.
Throughout her entrepreneurial path, Weisman encountered several legal challenges that are notably prevalent in the fashion industry: trademark lawsuits against a notorious litigant who sued every company using the word“ bones” in their brands and a company stealing
22 MARCH / APRIL 2025