Trademark Licensing: What You Need to Know
Stealth Lawyers: Matt Breen & Brian Trunzo, Menswear Retailers
On March 23, 2015, Karmaloop, Inc., and one of its affiliates, KarmaloopTV, Inc., filed voluntary petitions under chapter 11 of the Bankruptcy Code in Delaware. Karmaloop is based in Boston Massachusetts. ...more
The Second Circuit ruled last week in favor of Plaintiff Marcel Fashion Group Inc. (“Marcel”), vacating the trial court’s grant of summary judgment in favor of Defendant Lucky Brand Dungarees, Inc. (“Lucky Brand”), which had...more
Unethical leadership can be devastating for a company. For a large apparel company, the sexual misconduct of its ex-CEO has it scrambling to repair its image and prove it will no longer tolerate such behavior. The company...more
#TheDress phenomenon is about to shape the future of color trademarks and trade dress rights.
You may recall, we have written a great deal on the subject of non-traditional trademark protection of colors, especially...more
Shoes are always in the news. From a fashion standpoint, Nike has made headlines this week, with a re-release of the Classic Cortez running shoe (aka, the Forrest Gump shoe) along with the second edition of the LeBronald...more
WASHINGTON-P. David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC), made the following statement at the conclusion of the Supreme Court argument in EEOC v. Abercrombie & Fitch Stores, Inc.,...more
The Italian Parliament recently approved the so called Stability Law 2015, a bill containing a number of measures aimed at revitalizing the Italian economy and boosting growth in the system, including the so-called patent...more
On February 16, American Needle Inc. reached an agreement in principle with the National Football League to settle its claims. A settlement between the parties would mark the end of an antitrust litigation that has been...more
Sportswear-inspired designs, bold prints, and gingham aren’t the only things trending for Spring 2015 in the fashion world. Judging from a recent wave of lawsuits, wage and hour class actions are trending as well. Over the...more
Now I do not mean to tell you that you should return an authentic Longchamp bag from the shops in Paris or the famous bags sold in boutiques stateside.
But, if your sweetheart bought you a bag from Bed Bath & Beyond...more
In a recent judgment concerning a dispute between Jean Cassegrain S.A.S (Longchamp) and a Belgian reseller of leather handbags, the Court of Appeal of Ghent denied copyright protection to Jean Cassegrain’s handbag “Le...more
By now, everyone has heard of the draft EU Data Protection Regulation that is expected to replace the current Data Protection Directive, which dates from 1995. The key innovative provisions in the Regulation will...more
1. Barbara, you are the coordinator of the postgraduate fashion law course at the Insubria University of Como and at the Statale University of Milan. No similar course has ever been offered by an Italian academic institution...more
Fashion is about innovation and flair. But to a great extent it is also about the ability to anticipate customer tastes and needs.
Indeed, talent, inspiration and ingenuity may be not enough to succeed in the...more
Tinder, a popular mobile dating app, recently shut down an ad campaign from Gap, stating that the campaign violated the app's terms of service. Gap's failure to comply with Tinder's terms of service is a cautionary tale for...more
PROTECTING YOUR BUSINESS FROM YOUR CUSTOMER’S INSOLVENCY -
In the second article in our series on risk and opportunity in the fashion retail sector, Rob Russell and Peter Manley assess one of the most prominent areas...more
In This Issue:
- Falling Foul Of China’s Trademark System: The Dangers Of International Trademark Applications In China
- Retention Of Title: Protecting Your Business From Customer’s Insolvency
Fashion brand owners entering China are generally well aware of the myriad of brand protection challenges awaiting them. One such challenge is China’s rigid first-to-file trademark system which is blamed for the problem of...more
Over the past few years, there has been a discouraging rash of mall vacancies and closings, as traditional department stores and retail chains have had to close shop, lick their wounds, and get back to the drawing board in...more
How much of a product has to be “Made in the USA” for a company to label it as such, and who gets to decide? Those questions are raised by an ongoing action lawsuit before a federal court in the Southern District of...more
On 22 January 2014 the Court of Appeal upheld the High Court decision in a claim for passing off brought by global superstar Rihanna against Topshop.
The dispute centered on a t-shirt which was sold by Topshop in its...more
For those without experience in a particular field, an unpaid internship often provides a vehicle for obtaining insight and training, oftentimes in a popular industry with mass appeal such as a movie studio, media company, or...more
A relatively common problem affecting the fashion industry is claims of copyright infringement over designs that appear on clothing and other merchandise. In particular, retailers create product overseas, unaware that a...more
Eleventh Circuit affirms district court’s summary judgment rulings finding that Olem infringed Washington Shoe’s copyrights in women’s rain boot designs, but did not do so with actual knowledge or reckless disregard.
In early September, a New York district court granted defendants United States Polo Association, Inc. (“USPA”) and Arvind Ltd.’s (“Arvind”) motion to compel arbitration. It further dismissed Ralph Lauren Corporation and its...more
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