News & Analysis as of

Fashion Industry Retail Market

Mandelbaum Barrett PC

Touchdown on IP: The Legal Playbook for Upcycling in Fashion

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According to Forbes Magazine, a majority of younger generations (59 percent of Generation Z and 57 percent of Millennials) are buying upcycled products. This growing trend has transformed the fashion industry, blending...more

MoginRubin LLP

FTC Files Administrative Complaint to Stop $8.5 Billion Tapestry-Capri Fashion Accessory Merger

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The Federal Trade Commission may point to economic harm to an identifiable cohort of consumers. The Federal Trade Commission (FTC) on April 22, 2024, filed an administrative complaint to block Tapestry, Inc.'s acquisition of...more

Mayer Brown

UK Competition and Markets Authority (CMA) reminds fashion retailers that it's not so easy to claim you're green

Mayer Brown on

The UK Competition and Markets Authority ("CMA") has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of...more

Smart & Biggar

Interlocutory injunctions: powerful tools for trademark owners in Canada

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A recent Canadian decision illustrates how powerful interlocutory injunctions can be for trademark owners involved in trademark infringement litigation in Canada. On January 2, 2024, in Amer Sports Canada Inc v Adidas Canada...more

Katten Muchin Rosenman LLP

Insider View: Colette Stanford, Chief Legal Officer at SPARC Group LLC - Katten Kattwalk | Issue 26

Tell us about your career path from Aeropostale, Inc. to SPARC Group LLC. - When I joined Aeropostale, Inc. (Aeropostale) in February 2007, I would not have imagined that my career would become what it is today. I was the...more

Clark Hill PLC

What to Consider When Negotiating License Agreements

Clark Hill PLC on

License agreements serve as powerful tools for leveraging intellectual property assets for consumer goods and fashion companies. Various types of license agreements enable businesses to expand market reach, enhance brand...more

ArentFox Schiff

The Generative AI Revolution: Key Legal Considerations for the Fashion & Retail Industry

ArentFox Schiff on

For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Retail and fashion companies that fail to embrace AI likely risk losing their current market share or, worse,...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News

Whether it is the FTC or the National Advertising Division, reviews are a hot topic and content posted by third-party review sites an even hotter one. The line between unbiased reviews and affiliate advertising and by...more

Katten Muchin Rosenman LLP

Kattison Avenue/Katten Kattwalk | Issue 2

We’re delighted to welcome in 2023 with our second crossover edition of Katten Kattwalk/Kattison Avenue. In this combined winter issue, we cover top issues affecting brands in fashion, retail and advertising. On the hot...more

Hogan Lovells

2022 Annual Retail and Fashion Holiday Guide

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The holiday shopping season is upon us once again and this year, much like last year, continues to present unique challenges and opportunities for consumer companies and retailers. In this nearly “post-COVID” environment,...more

Robinson+Cole Manufacturing Law Blog

California Bans the Manufacture and Sale of Certain PFAS-Containing Products

The State of California has always been a leader in regulating chemical ingredients contained in products sold in the state (think Prop 65), and it has turned its sights towards per- and polyfluoroalkyl substances (PFAS)....more

Stinson LLP

Meta Bags: NFT Complications and Considerations for Traditional Brand Owners

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In yet another example of the law trying to keep up with technology, the U.S. District Court for the Southern District of New York issued a decision in Hermès International, et al. v. Mason Rothschild that examines...more

K&L Gates LLP

Fashion Law Update – August 2022

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In this edition of Fashion Law, we look at the trends, emerging and evolving, within the retail, luxury goods and fashion sectors around the world. This update provides a through snapshot of the key issues in this sector and...more

Perkins Coie

Aspiring To Be Green? Avoid Common Advertising Pitfalls

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Brands recognize that consumers value sustainability and continue to promote the green and eco-friendly qualities of their products and services. In fact, a recent study found that, on average, three out of five (64%)...more

Perkins Coie

Sustainability Trends and IP Issues for Fashion Brands

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The fashion industry is one of the most polluting industries in the world and is responsible for roughly 10% of global greenhouse gas emissions. There are many contributing factors to this problem, including pollution from...more

Sheppard Mullin Richter & Hampton LLP

Will U.S. Customs Seize Your Presumptively Illegal Apparel? Compliance with the Uyghur Forced Labor Prevention Act

Some apparel, fabric and other goods just became more likely to get stuck at the border if U.S. Customs and Border Protection (“CBP”) suspects they contain cotton from Xinjiang or from companies on a recently published U.S....more

Knobbe Martens

Choosing the Right IP to Protect Fashion Goods

Knobbe Martens on

It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to...more

Proskauer - Blockchain and the Law

As NFTs Blur the Line Between “Receipt” and “Product”, Trademarks Owners Fight Over New Virtual Markets

Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more

Littler

The Fashion Industry Meets Human Rights Due Diligence: New York’s Proposed “Fashion Sustainability and Social Accountability Act”

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In January 2022, the New York State Senate introduced a bill that seeks to impose significant human rights and environmental due diligence and disclosure obligations on fashion retail sellers and manufacturers operating in...more

Manatt, Phelps & Phillips, LLP

Online Fashion Retailer Fined by FTC for Suppressing Negative Reviews

The Federal Trade Commission (FTC) has fined online fashion retailer Fashion Nova $4.2 million to settle allegations that the company blocked negative reviews of its products from being posted on its website. The FTC said...more

Proskauer - Advertising Law

More Than “Puffery”: Claims Against Canada Goose Survive Motion to Dismiss

Judge Victor Marrero of the Southern District of New York recently largely denied a motion to dismiss claims that Canada Goose misled consumers by representing that the fur on Canada Goose jackets is ethically and sustainably...more

Spirit Legal

35 million reasons to take privacy seriously: German data protection authority hits fashion store owner H&M with second-highest...

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It was announced today that the Hamburg data protection authority (DPA) has imposed a fine of a whopping €35,258,707.95 on the fashion retailer H&M Hennes & Mauritz Online Shop A.B. & Co. KG, which is based in Hamburg....more

Cozen O'Connor

New U.S. Ban on Chinese Cotton Suppliers Adds Stress to Fashion Industry’s Weakened Supply Chain

Cozen O'Connor on

Trade tensions between the United States and China, coupled with a global pandemic, have had devastating effects on the fashion industry — highlighting the problem of reliance upon China as a major, if not sole, source of...more

Cozen O'Connor

DOJ Prosecutes Fashion Company For Skirting Customs Tariffs - Could This Be The Hot New Trend?

Cozen O'Connor on

Fashion industry beware: the eye of the law is on you, and we are not talking about the runway. Last week, a Los Angeles fashion company pled guilty to customs fraud and money laundering charges. ...more

Morgan Lewis

UK Takeover Panel: COVID-19 and UK Lockdown Insufficient to Trigger MAC Conditions

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The offeror for Moss Bros sought to rely on standard material adverse change conditions to lapse the offer, on the basis of the impact of the coronavirus (COVID-19) pandemic and related UK governmental measures on Moss Bros. ...more

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