News & Analysis as of

Retail Market Fashion Industry

Seyfarth Shaw LLP

Workin’ for a Birkin? The “Wirkin” Bag and Clever IP Protection

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If you’re “wirkin” to save up the money for a BIRKIN bag, you may be waiting a long time. And it may be just as hard to get an imitation version, based on the recent shutdown of a couple of foreign manufacturers’ attempts at...more

White & Case LLP

Navigating the Evolving Era of Greenwashing Regulations in the Fashion Industry

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In recent years, sustainability and ESG compliance have become pivotal factors in consumer purchasing decisions. The fashion industry – from luxury to high street brands to online fast fashion retailers – as a significant...more

A&O Shearman

Southern District Of New York Grants Preliminary Injunction, Pausing Merger Of Luxury Fashion Companies

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On October 24, 2024, Judge Jennifer L. Rochon of the United States District Court for the Southern District of New York granted the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction, thereby preliminarily...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Blocks Tapestry/Capri ‘Affordable Luxury’ Deal, but Court Applies Traditional Horizontal Merger Analysis

On October 24, 2024, the Federal Trade Commission (FTC) succeeded in blocking the proposed merger of Tapestry and Capri Holdings, which would combine popular fashion brands such as Coach, Kate Spade and Michael Kors. ...more

Troutman Pepper Locke

FTC Wins Preliminary Injunction of "Accessible Luxury" Handbag Transaction

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A New York federal court’s recent decision to enjoin the merger of two fashion companies gave the Federal Trade Commission (FTC) and the 2023 Merger Guidelines a boost. Since the issuance of the draft merger guidelines in...more

Hogan Lovells

Retail and fashion team joins industry leaders at Vogue Business Fashion Futures event in New York City

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Partner Meryl Bernstein, senior associate Rachel Shelbourne, and associate MK Barker attended Vogue Business Fashion Futures in New York City on September 26, 2024, where experienced retail executives, fashion start-up...more

Katten Muchin Rosenman LLP

Creative License: The Sale and License-Back Structure Appeals to Investors and Brands in the United Kingdom - Katten Kattwalk |...

As challenging global market conditions linger, fashion brands and retailers in need of liquidity are exploring ways to extract cash from their brand portfolios without divesting entirely. In this article, we consider a...more

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

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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

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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

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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

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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

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