Fashion Law Update - October 2020 Edition

K&L Gates LLP

In this edition of Fashion Law, we have a huge selection of articles from around the world.

Firstly, given the turmoil over the past year and how many brands have filed for insolvency or needed to restructure, we provide tips to ensure that a financial and operational restructure can succeed.

Secondly, we look at supply chains, particularly out of Asia, and the customs, international trade implications and dangers facing global businesses and what you need to do to comply. We also cover the consumer and competition law rules out of Australia most relevant for the retail, luxury products and fashion sector. Our Singapore team explores several Asian countries' customs authorities regarding transfer pricing and actions businesses can take to mitigate exposures due to the COVID-19 pandemic.

Thirdly, our brand protection team delves into the issues of:

- distinctiveness – regarding Valentino's Rockstud® shoes compared to Louboutin's red soles

- copyright protection – focusing on a decision handed down in Belgium regarding the Brompton bicycle and in the U.S. a district court copyright infringement decision regarding the use of an embedded Instagram photo

- trademark protection – with Victoria Beckham losing a battle against Australian skincare brand, VB Skinlab, in relation to the use of the "VB" brand

- trademark infringements – a U.S. Supreme Court decision which gives intellectual property rights owners more support in enforcing against counterfeiters and infringers

- historical trademarks – new provisions have been approved which promote the Made in Italy trademark to assist Italian brands.

Finally, for businesses with retail stores or outlets, we review an Italian Supreme Court decision which has enabled KIKO S.p.a. to secure copyright protection for its signature store layout.

Please see full Publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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