Fashion Counsel

Keds filed suit against Vans in 2014 for trademark infringement, unfair competition, trademark dilution, and breach of contract.

Four members of Congress recently asked the Federal Trade Commission to launch a federal investigation into the marketing practices conducted by outlet stores.

In this episode of Fashion Counsel, Anthony Lupo speaks with international luxury fashion house Escada’s General Counsel, Lars Schmidt.

In a recent decision from the US Court of Appeals for the Ninth Circuit, Lee v. Intelius Inc., 9th Cir., No. 11-35810, 12/16/13, the Court held that an online consumer could not be compelled to arbitrate a class action because the essential elements of a contract were not present.

Fashion Counsel host Anthony Lupo, partner and leader of the firm’s Fashion, Luxury Goods & Retail practice, will periodically conduct one-on-one interviews with fashion CEOs and business leaders.

With the proliferation of smart phones and other mobile devices, it has never been easier for brands and marketers to collect data about the habits and desires of their customers.

Over the past several years, many fashion and apparel retail companies have implemented RFID technology in their stores, as it provides a fast, cost-efficient, automated, and accurate method for tracking inventory both through the supply chain and within the retail environment.

Plaintiffs Cartier International, Montblanc-Simplo GmbH, Alfred Dunhill Ltd., Chloe SAS, Officine Panerai AG and Lange Uhren GmbH scored a win against e-commerce counterfeiting.

While there are currently only about two dozen generic top-level domains (gTLDs), such as .com, .net, and .info, numerous public and private organizations recently filed applications for over 1800 new gTLDs.

Bottega Veneta, one of the world’s premier fashion companies, recently won an important ruling regarding the scope of its trade dress rights at the Trademark Trial and Appeal Board of the US Patent and Trademark Office.

As you may have heard, we are on the verge of a vast expansion of the Internet.

AirWair International Ltd., maker of Dr. Martens® footwear, has filed a lawsuit in the US District Court for the Northern District of California alleging that CELS Enterprises, Inc. dba Chinese Laundry has infringed AirWair’s trade dress rights.

A recently filed court case demonstrates the ever-increasing competiveness of the fashion industry. Skechers U.S.A., Inc., alleged in its complaint that Perry Ellis International, Inc., and Shoe Confession LLC are selling a copied version of Skechers’ patented Skechers Go Run shoe.

On September 11, 2013, Tommy Hilfiger U.S.A., Inc. and Tommy Hilfiger Licensing LLC filed an action for declaratory judgment against Jumbo Bright Trading Limited (Jumbo Bright) in the US District Court for the Southern District of New York.

Converse Inc. recently sued a competitor, Autonomie Project, Inc., for willfully infringing Converse’s famous Chuck Taylor All Star shoes.

On August 20, 2013, Marc Joseph NY, Inc. filed an action before the US District Court for the Eastern District of New York against C. & J. Clark America, Inc. for trademark infringement and unfair competition of its “Cypress Hill” moccasin design.

Overcoming the challenges of fighting organized crime networks involved in industrial scale illicit trade and counterfeiting, international partnerships recently led to 6,000 arrests and the seizure of 24 million fake goods worth nearly $133 million US dollars.

July marked the latest milestone in the years-long legal proceedings related to Skechers USA, Inc.’s marketing and sale of toning shoes.

AirWair alleged that Vans’ Gibson line of footwear infringes AirWair’s trademark and trade dress rights in its Dr. Martens line, causing a likelihood of confusion among US consumers.

On July 16, 2013, Peter Fonda, co-star, co-producer, and co-writer of the iconic film, Easy Rider, filed suit against Dolce & Gabbana in the Superior Court of the State of California for the County of Los Angeles.

Selecting where to source manufacturing of fashion goods is not dependent on price alone. Companies looking to source need to be aware of consumer perceptions when selecting a sourcing territory.

Last month, the US District Court for the Southern District of New York denied injunctive relief to clothing designer and retailer Saturdays Surf LLC for trademark infringement asserted against Kate Spade LLC.

On March 12, 2012, BCBG Max Azria Group, Inc. (BCBG) sued Stretta Moda, LLC (Stretta) for infringement, unfair competition, and dilution of its Herve Leger bandage dress design.

On June 7–8, 2013, patent-licensing entity Smart Search Concepts LLC filed nine similar patent-infringement lawsuits targeting fashion retailers Gap, JC Penney, Kohl’s, Macy’s, Neiman Marcus, and Nordstrom, among other defendants.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Labor & Employment practice leader Mike Stevens discuss the liabilities employers are exposed to when staffing choices involve potentially perilous classifications.