As we make further strides into 2024, the fashion, apparel & beauty landscape continues its dynamic evolution, marked by opportunities and challenges. Consumer preferences, technological breakthroughs, geopolitical shifts,...more
5/17/2024
/ Copyright ,
Cosmetics ,
Deep Fake ,
Fashion Industry ,
Food and Drug Administration (FDA) ,
FTC Act ,
Greenwashing ,
Licensing Rules ,
Luxury Goods ,
Recycling ,
Right of Publicity ,
Royalties ,
Trademarks
The fashion industry has experienced another year of continued change driven by consumer trends, innovation in technology, geopolitical and public health issues, and legal developments, and we don’t anticipate that stopping...more
4/18/2023
/ Blockchain ,
Class Action ,
Copyright Infringement ,
Fashion Industry ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Louis Vuitton ,
Mexico ,
Non-Fungible Tokens (NFTs) ,
Petition for Writ of Certiorari ,
PFAS ,
SCOTUS ,
Supply Chain ,
Trademarks
The fashion industry has certainly seen its fair share of change over the last year given consumer trends, geopolitical & public health issues, innovation in technology and legal developments and we don’t anticipate that...more
3/23/2022
/ Acquisitions ,
Blockchain ,
CASE Act ,
Copyright ,
Cosmetics ,
Cryptocurrency ,
Environmental Social & Governance (ESG) ,
Fashion Industry ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Financial Sponsors ,
Food and Drug Administration (FDA) ,
Investors ,
Mergers ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Retailers ,
SCOTUS ,
Supply Chain ,
Sustainability ,
Trademark Infringement ,
Trademarks
On Thursday, February 24, 2022, the U.S. Supreme Court weighed in on the long-running copyright infringement dispute between Los Angeles fabric designer, Unicolors Inc., and global fast fashion giant, H&M Hennes & Mauritz...more
In November of last year, an esports viewership record was set when over 4 million people watched the 2021 World Championship for League of Legends. The high mark, which came despite the exclusion of Chinese platforms,...more
1/10/2022
/ Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
eSports ,
Gambling ,
Investment ,
Licensing Rules ,
Match Fixing ,
Monetization ,
Non-Fungible Tokens (NFTs) ,
Proposed Regulation
In a case with potential implications for all types of litigation, and trademark infringement lawsuits in particular, on May 14th, the Supreme Court issued a unanimous decision in Lucky Brand Dungarees v. Marcel Fashions...more
Like other industries, the fashion, apparel & beauty businesses have been, and continue to be hit hard by the COVID-19 pandemic. The $400 billion dollar American fashion industry employs over four million people, excluding...more
3/30/2020
/ Business Interruption ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Emergency Management Plans ,
Fashion Design ,
Fashion Industry ,
Force Majeure Clause ,
Goods or Services ,
Infectious Diseases ,
Manufacturers ,
Manufacturing Employers ,
Material Adverse Change Clauses (MACs) ,
Merger Agreements ,
OSHA ,
Public Health ,
Reporting Requirements ,
Retailers ,
SBA ,
SBA Lending Programs ,
Supply Chain ,
Wholesale
In May 2019, the U.S. Supreme Court decided the Mission Product Holdings, Inc. v. Tempnology, LLC case. The Mission Products Holdings decision provides a reminder to intellectual property license parties that periodic review...more
6/26/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
Manufacturers may assume that protection of their brands can only be achieved through trademark protection of names, logos, and slogans. In fact, a broad arsenal of intellectual property tools is available to ensure that...more
2/15/2019
/ Brand ,
Copyright ,
Defend Trade Secrets Act (DTSA) ,
Design Patent ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
International Trademark Protection ,
Manufacturers ,
Misappropriation ,
Trade Dress ,
Trade Secrets ,
Trademark Registration ,
Trademarks
There is a serious skills gap crisis in the U.S. manufacturing industry, an industry which makes up nine percent of the U.S. workforce, making it one of the largest workforces in the country. The manufacturing industry, like...more
Social media influencers have become one of the most effective channels for companies to reach and engage with their target market online. So far in 2017, marketers have spent over $1 billion to have influencers post...more
The US Supreme Court’s ruling in Star Athletica v Varsity Brands provides a path to copyrightability for pictorial or graphical elements of clothing designs and useful articles. Laura Ganoza and Julie McGinnis of Foley &...more
5/12/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Sports Apparel ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms ,
Utilitarian Function
A British vote to leave the European Union (EU)—the Brexit referendum issue scheduled for a vote June 23, 2016 — would have a significant effect on intellectual property right-holders, such as manufacturers doing business in...more
6/23/2016
/ Community Designs ,
EU ,
European Patent Office ,
European Union Trade Mark (EUTM) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Manufacturers ,
Member State ,
Popular ,
Referendums ,
Supplementary Protection Certificate ,
Trademark Registration ,
UK ,
UK Brexit ,
Unitary Patent