Fashion Industry

News & Analysis as of

E-commerce inquiry may affect the fashion sector

The Emperor's new clothes may undergo some changes as the fashion sector is currently under the magnifying glass of numerous competition authorities throughout Europe....more

Retail Chapter 11 Filings Up, Bucking Bankruptcy Trends In Economic Recovery

The economy is humming along and bankruptcy filings are at historic lows. Nevertheless, a recent trend in retail may suggest that the times, they are a changing....more

Retail and Fashion Law Trends: What’s ‘‘In’’ for 2015

The retail industry saw a number of significant developments in 2014, many of which were a long time in the making. As courts begin to consider new claims and legislation that arose last year, the industry needs to be aware...more

LVMH Gets Brow-barred in Australia

Cosmetics/luxury goods giant LVMH (Louis Vuitton Moët Hennessey, for the plebians among us) has lost a recent attempt to trademark the term “Brow Bar” in Australia.  Australian beautician Chernae Noonan opposed LVMH’s...more

Luck Runs Out for Lucky Brand - Marcel Fashions Group, Inc. v. Lucky Brand Dungarees, Inc.

Addressing whether a trademark holder’s victory in a prior lawsuit barred a subsequent action on new acts of infringement, the U. S. Court of Appeals for the Second Circuit overturned a district court’s summary judgment and...more

Streetwear Company, Karmaloop, Inc., Files for Chapter 11 Protection

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

Lucky Brand Not So Lucky

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

Company Updates Code of Conduct after Ousting CEO for Sexual Harassment

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

Will #TheDress Impact Color Trademarks?

#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

All-Star Tips To Avoid Infringement Litigation

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

Statement of P. David Lopez, EEOC General Counsel, on EEOC v. Abercrombie & Fitch Stores, Inc.

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

Business Round-Up: The new Italian Patent Box: an interesting measure for the fashion industry

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

American Needle Settlement to End Nine-Year Litigation

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

Class Action Lawsuits: In Vogue? High Fashion Gets Hit with Wage and Hour Class Action Lawsuits over Unpaid Internship Programs

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

Hope You Didn’t Get A Longchamp Bag For Valentine’s Day

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

Belgium: New Developments In The Framework Of The Copyright Protection Of Handbags

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

Retailers Need To Prepare For The New EU Data Protection Regulation

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

A Word From The Industry's Mouth: Interview With Professor Barbara Pozzo

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 and Big Data

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 Swipes Left on Gap's New Ad Campaign: A Reminder to Always Check Terms of Service

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

Retention of Title

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

Law À La Mode - Issue 15 – January 2015 (Global)

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...more

Falling Foul of China's Trademark System

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

When Fashion Met Style…Spin-Off Stores

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

Made in the USA?: Suit Against Nordstorm Alleging Misleading Jeans Labels May Proceed

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

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