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The “Sad Beige Lawsuit” and the Fight Over Social Media Influencer IP Rights

Can you protect a personal “aesthetic” or “vibe?” Social media influencer Sydney Nicole Gifford believes so, as she recently sued fellow social media influencer Alyssa Sheil in Texas Federal Court, in what is now known as the...more

Navigating the Dynamic M&A Landscape in the Sports Apparel Industry

The mergers and acquisitions (M&A) landscape in the sports industry has remained notably active and attractive to investors, driven by continuous digital transformation and global franchise investments. Since 1985, the sports...more

9/27/2024  /  Acquisitions , Earn-Outs , Mergers , Sports

Greenwashing Litigation: Reduce the Risk of Getting Stuck in the Weeds

In recent years, American consumers have demonstrated a focus on how their consumption habits impact the environment. According to McKinsey & Company, “more than half of US consumers are … highly concerned about the...more

What Retailers Should Learn From 2023 Heading Into 2024

With the close of 2023 quickly approaching, it is worthwhile for retail businesses to take note of which way the 2024 trend winds are blowing. 2023 demonstrated that the conscious consumer is no longer a niche segment....more

Forced Labor and Fast Fashion

The fight against forced labor in trade is not a new concept. For decades, the United States has banned the importation of goods produced with forced labor through the U.S. Tariff Act of 1930 (“Tariff Act”). Section 307 of...more

What To Know About the New “INFORM Consumers Act”

Over the past decade, counterfeit goods have become a persistent issue with respect to those involved in the e-commerce business. Counterfeit products, which can be sold as an identical copy or a cheap imitation that looks...more

What to Consider When Negotiating License Agreements

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

Understanding Licensing Arrangements in the Consumer Goods Industry

Because the consumer goods industry thrives on brand recognition, many businesses seek to expand their market presence and leverage their established intellectual property through licensing. This typically occurs through...more

IP Theft, Data Security Breaches and RICO Claims, Oh My! Is E-Commerce Titan Shein the Fashion Industry’s TikTok?

Although you may have never heard of Shein, your children definitely have. Shein is one of the largest fashion companies in the world. After popping onto the e-commerce scene in 2008, it has sky-rocketed into a $100 billion...more

Establishing a Successful Fashion and Clothing Company

Establishing a successful clothing company presents numerous unique challenges and legal intricacies. To achieve lasting success, it is crucial to find the right balance between business, legal, and creative considerations....more

Where to Manufacture and Why?

Determining where to manufacture your products is a critical step in establishing your consumer goods company. The selection will ultimately impact the quality of the product, the production cost, and other business and legal...more

What Happens if Your Trademark Licensor Files for Bankruptcy?

In the consumer brands industry, licensing makes the world go round. Licensing is critical in the consumer brand industry because many businesses make a large portion of their revenue from licensing their trademarked brands...more

When is a Garment Design Copyrightable?

Can you copyright that new shoe or hoody design that you believe will change the fashion world forever? Likely yes, but it’s complicated. Clothing and apparel have always been deemed “useful articles” because, by their very...more

Can a Ubiquitous Brand With Stripes Claim Trademark Infringement on All Striped Logos? Adidas v. Thom Browne Says No

This past month, Adidas lost its highly publicized trademark infringement lawsuit against luxury fashion brand, Thom Browne. The lawsuit stemmed from Thom Browne’s use of a “four stripe” logo design eerily similar to the...more

Lessons to be Learned in Fashion and Apparel from 2022

Name, Image, and Likeness Deals Are on the Rise - Name, Image, and Likeness (“NIL”) agreements, which allow an individuals’ name, image, and likeness to be used to market and sell branded apparel, footwear, and other consumer...more

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