News & Analysis as of

Fashion Industry

Fashion Forward

by Akerman LLP on

Defying the conventional wisdom that the future of retail is all in clicks, luxury retailers are betting big on brick and mortar in upscale urban markets. Coined “high street retail,” designer brands and urban developers...more

Fashion Law Newsletter - November 2017

by K&L Gates LLP on

"In order to be irreplaceable, one must always be different." - Coco Chanel Welcome to our latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry. In...more

ITC Remedy Remains Even After PTO Finds Design Patent Claims To Be A “Croc”

by Orrick - IP Landscape on

Commission Order, Certain Foam Footwear, Inv. No. 337-TA-567 (Oct. 20, 2017). In Certain Foam Footwear, the Commission denied Respondent Double Diamond’s request to modify, suspend, or rescind its general exclusion order and...more

Adidas Fights to Protect its Three-Stripe Mark

by Robins Kaplan LLP on

Can three stripes be protected as intellectual property? That question is now before the Trademark Trial and Appeal Board (“TTAB”). Adidas AG (“Adidas”), the German sportswear giant, instantly recognizable for its...more

Judge Broderick Finds That TC Heartland Affected a “Sea Change” and Grants Motion to Dismiss For Improper Venue

On October 20, 2017, District Judge Vernon Broderick (S.D.N.Y.) granted Defendants' Watters Design, Inc.'s, Essense of Australia, Inc.'s, and David's Bridal, Inc.'s motions to dismiss under Federal Rule of Civil Procedure...more

Textile factory safety claims proceed to arbitration under the Bangladesh Accord

by Hogan Lovells on

In a landmark ruling by an arbitration tribunal last month, claims against two global fashion brands under the 2013 Accord on Fire and Building Safety in Bangladesh (the “Bangladesh Accord“) were declared admissible and...more

Surviving the Storm

by K&L Gates LLP on

The government has introduced major law reforms to Australia's insolvency laws which will come into effect next year. With news of established local and international fashion brands facing financial difficulty and entering...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Lyft, armed with a fresh billion from Google’s venture investment arm (CapitalG), is looking seriously at a 2018 IPO. The CapG money raises Lyft’s valuation from $6.9 billion to more than $10 billion....more

The Katten Kattwalk - Issue 14

by Katten Muchin Rosenman LLP on

Disputes Between Departing Member and Remnant Group - In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper...more

Supreme Court Rejects Louis Vuitton’s Request for Appeal Against Parody Tote Bag Company

by Robins Kaplan LLP on

Louis Vuitton is no stranger to the court. For years, the luxury fashion label, headed by creative director, Nicolas Ghesquière, has battled high-profile cases over parody bags. Those cases have involved dog toys, Super Bowl...more

Fashion Design Copyright Infringement Victory - BB&K Partner Henry Welles Wins Fashion Industry Clothing IP Case

by Best Best & Krieger LLP on

A fashion clothing industry copyright infringement appeal was won by Best Best & Krieger LLP Partner Henry Welles, who represented Natural Fashions, Inc., which does business as Anu. The case was originally brought in federal...more

America’s Next Top (Business) Model? Evaluating Fashion’s Big Experiment

by Goulston & Storrs PC on

Last year, scores of top fashion designers defied convention by abandoning traditional shipping schedules, which favored delivering collections four to six months after they appeared on Fashion Week runways, and moved instead...more

Catching Counterfeits: Customs Recordation and IP Enforcement

by Knobbe Martens on

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

Judge Oetken sua sponte Stays Case Pending Ex Parte Reexamination after Three Previous Denials

On August 2, 2017, Judge J. Paul Oetken (S.D.N.Y.) denied Plaintiff Infinity Headwear & Apparel, LLC’s (“Infinity”) motion for summary judgment as to patent infringement, false patent marking and false advertising and denied...more

Sports Bras and Tires - What Do They Have In Common?

Sports bras and tires don’t seem to have much in common, but both embody visual designs fashioned to appeal to consumers and both have a particular form of intellectual property— design patents—tailored to protect their...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A government audit report out yesterday accuses the US Dep’t of Housing and Urban Development of selling more than 100k distressed mortgages over a 7 year period to PE firms and hedge funds without following the proper rules...more

What the *TM*?!?! The Disparagement Clause has been Bleeped.

by Knobbe Martens on

Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of fashion and beauty...more

The Katten Kattwalk | Issue 13

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more information....more

Oh, Hadn’t You Heard? You’re Violating French Law Right Now! France Gets Serieuse about Anti-Corruption

Ok, ok, don’t panic. Maybe not all of the millions of dedicated readers of this blog are in violation. Nevertheless, as of June 1, if your company does business in France, it may be time to check your anticorruption...more

Can’t Say “I Ain’t Mad At Cha” for Copying Me

by Knobbe Martens on

On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more

Retailers Grow Successfully by Introducing New Brands

by Goulston & Storrs PC on

As fashion retailers across the country jostle for market share in an ever-changing and ever-competitive marketplace, some retailers are trying to improve their bottom lines not by adjusting or expanding their offerings in...more

Amazon & Wal-Mart: Pinky and The Brain of Retail

by Goulston & Storrs PC on

In the opening montage of the American animated series, Pinky and The Brain, Pinky asks his best friend, The Brain: “What do you want to do tonight?” To which The Brain replies: “The same thing we do every night; try to take...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Here we were watching Amazon for a Slack pick-up, and all the while it had its eyes set on Whole Foods. Jeff Bezos added the upscale grocery giant to Amazon’s expanding portfolio for $13.7 billion on Friday (perhaps kicking...more

European Commission opens antitrust investigation into Guess

by DLA Piper on

The European Commission has opened a formal antitrust investigation into clothing manufacturer and retailer Guess, whose distribution agreements and practices may illegally restrict retailers from selling cross-border to...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

There’s been a hitch in Saudi Aramco’s IPO plans (mind-boggling $2 trillion possible valuation and all): where to list. The frontrunners, by the way, are the London Stock Exchange and the NYSE....more

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