Fashion Industry

News & Analysis as of

ICSC’s New England Idea Exchange Draws a Crowd to Talk Shop

The Hynes Convention Center hosted the ICSC New England Deal Making Conference in Boston last week from July 19 through July 21. ICSC announced that attendance was at an all-time high of about 1,200 people. The conference...more

The Implications of Trademark Infringement Decisions: Aw “Chucks”

There is a growing population of fashionistas and #sneakerheads skyrocketing the sales of fashion retailers and traditional sneaker companies, such as @Nike and @Converse. Forbes contends that sneakerheads represent...more

EU Retail News - July 2016

BREXIT – THE NEXT STEPS - Despite the UK’s vote to leave the European Union, companies doing business in the UK can still continue to trade with the European Union in exactly the same way as they have done in the past –...more

"Privacy & Cybersecurity Update - June 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the impact of Brexit on EU data protection, court rulings on cyber insurance policy exclusions and coverage gaps, recent statements from the FTC and the...more

A Closer Look into the Growth of E-Commerce Sales

It is widely known that e-commerce sales have been growing and shifting sales from traditional brick-and-mortar establishments. As noted below, overall e-commerce sales in fact still account for a relatively modest percentage...more

The Trans-Pacific Partnership offers Canadian retailers exciting new opportunities

On November 5, 2015, the United States Government released a draft of the Trans-Pacific Partnership agreement (TPP) to the public. While implementation of the Agreement by the 12 member states is likely at least two years...more

Meet The Jetsons: Fashionable Technology

In the opening montage of the famous American 1980’s sitcom, The Jetsons, we see the family zipping through their futuristic utopia donning clothing and accessories that we could only dream of, until today. Coco Chanel once...more

Law à la Mode: 10 tips when licensing a brand; a new provision for trademark parody; and more INTA Special

The French editorial team is delighted to bring you this special edition of Law à la Mode, marking the 138th INTA Annual Meeting in Orlando. The focus for this special edition is the European Union trademark reform,...more

Law à la Mode: Whose Name is it Anyway?

Designing under your own name is a natural, even intuitive choice for many designers and is an established practice in the fashion industry. ...more

Law à la Mode: 10 tips when licensing a brand

Fashion brands are recognized and loved by consumers for their ingenuity and innovative approach to apparel and accessories. Loyal consumers gravitate to high-quality products produced by a fashion brand and are eager...more

Is Graffiti Ineligible for Copyright Protection Just Because the Act of Tagging is Illegal?

After reports of a settlement proved premature, designer Moschino S.p.A. and its creative director Jeremy Scott have moved for summary judgment on the copyright claims filed last year by street artist Joseph Tierney, better...more

Three Cheers for Copyright

For over 40 years, Varsity Spirit has been in the business of bringing cheer to cheerleaders worldwide with its colorful and customizable uniforms. Competitor Star Athletica came on the scene in 2010 and shortly thereafter...more

Death Knell for Knockoffs and Counterfeits?

U.S. Supreme Court Agrees to Define the Test for Copyrightability of Designs on Useful Articles - The U.S. Supreme Court recently agreed to hear the question that, as one Appellate Court characterized, has had the...more

Say Yes to the Redress: A Potential Shift in Copyright Law May Arm the Fashion Police

Until recently, social media has been one of the only recourses for fashion designers and labels that have had their designs knocked off. Take the Acquazurra “Wild Thing” sandal, for example. Acquazzura is a high-end shoe...more

Cuba on Trend: Chanel Hosts Fashion Show in Havana as Diplomatic and Cultural Relations Continue to Open with Cuba

On May 3, French fashion house Chanel hosted the first international fashion show in Cuba since the 1959 communist revolution. The Resort 2017 show was held open-air in Paseo del Prado, one of the city’s central streets. It...more

Apparel Peril!

These are perilous times in the apparel sector. What seems on the surface to be a contradiction–a series of underwhelming sales reports in apparel sales, coinciding with a dramatic and ongoing expansion in many types of...more

Give me an S-C-O-T-U-S! Supreme Court To Decide Apparel Copyright Case

Straight off the heels of a 2-1 Sixth Circuit decision protecting copyright in design elements of cheerleading uniforms, the U.S. Supreme Court today decided to consider the issue of when a useful article is protectable under...more

Law à la Mode: Registrations with US Customs; Trademark harmonization across the GCC; and more

One of the frequently noted yet seldom discussed benefits of trademark and copyright registration in the United States is the ability to record those registrations with US Customs and Border Protection (CBP). Recording...more

Fashion Law - Autumn/Winter 2016

The business of fashion is exciting, fast paced and driven by passionate and creative people. But it is important to remember that it is just that – a business. While creativity and passion are integral to success in the...more

Trade & Manufacturing - News of Note - April 2016

EU-U.S. Privacy Shield Agreement Released - On February 29, the European Commission and the U.S. Department of Commerce released the long-awaited text of the European Union (EU) – United States Privacy Shield, an...more

Revamping the Runway-to-Retail Model

With the increase in digital coverage of Fashion Week, from live streams to Snapchat stories and Instagram postings, designers have put what might be considered the most coveted and exclusive ticket in town directly in the...more

FTC Puts Teeth into Native Ads Guidance: Lord & Taylor Settles Deceptive Ad Claim

Last week, fashion retailer Lord & Taylor reached a settlement with the FTC over its allegedly deceptive advertising campaign, the first such action since the FTC released its Enforcement Policy Statement on Deceptively...more

FTC Complaint Highlights the Need to Disclose Material Connections in Ads

The recent complaint highlights the importance of clearly and conspicuously disclosing material connections between advertisers and paid influencers, including in social media posts or in native ads. ...more

Thwart Counterfeiters to Save Brands | A Metropolitan Corporate Counsel Interview

Kristen McCallion and Natalie Arbaugh discuss emerging trends in brand protection and anti-counterfeiting, and how consumer products companies can protect their valuable brands from trademark infringers and counterfeiters in...more

National Retailer Settles FTC Charges It Deceived Consumers Through Paid Instagram Posts by “Fashion Influencers”

The national retailer, Lord & Taylor, has settled Federal Trade Commission (FTC) charges that it deceived consumers by paying for native advertisement, without disclosing that the posts were in fact paid promotions for the...more

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