Archive for the 'Fashion Apparel Law' Category

Court Challenge to Maine’s New Marketing Law Fails

On September 9, 2009, a federal judge in Maine agreed with retailers, marketers, and media companies that the recently enacted Maine law "An Act To Prevent Predatory Marketing Practices Against Minors" is likely unconstitutional. Nonetheless, the judge dismissed the challenge to the Act on the ground that the state Attorney General does not intend to enforce it.
 
The Act, which [...]

The Hottest Trend: Refinancing

For the fashion industry, one of the must-have, but hard to come by, items this season is a favorable refinancing deal. The recent volatility in the fashion market has reflected not just the ever-changing tastes of the cognoscenti, but also the rapidly shifting economic landscape confronting designers and retailers. The fashion industry has suffered acutely in the [...]

If You Gave a Fashion Show and No One Came…

Some fashionistas are trying to revive L.A. fashion week, while others say runway shows are pass? Several dozen members of Los Angeles’s fashion elite gathered recently on the rooftop of the hip Hotel Erwin on Venice Beach. Their issue of concern: the cancellation of the city’s fashion week in March.
 
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Retailers Get More Clarity On Key Privacy Issues In Song-Beverly Cases – Zip Code O.K., Reverse Lookup O.K., E-MAIL Address Not Preempted

By Craig Cardon and Elizabeth Berman
The California Court of Appeal has recently published two new decisions involving data privacy class actions. Both involve claims under the Song-Beverly Credit Card Act. The most recent, Jessica Pineda v. Williams-Sonoma Stores, Inc., 2009 DJDAR 15191, affirmed the judgment against the plaintiff on the grounds that it is not a violation [...]

The Bankruptcy Files: Haute Couture Edition

To read this article on bankruptcies in the fashion industry published by American Lawyer, please click here, or visit the AmLaw Daily website.

ICANN’s gTLD Expansion Plan: Fashion Your Own Custom Domain

In June 2006, the Internet Corporation for Assigned Names and Numbers (ICANN) approved a plan that will allow private parties to create custom online domains. These domain names may be anywhere from 3 to 63 characters long and in nearly any alphabet, such as Arabic or Chinese. The Internet currently operates using 12 generic top-level [...]

Artists Shout "I’m with the Brand" as Fashion Labels Take on Role of Record Label

From Sgt. Pepper’s psychedelic costumes to Run DMC’s love of Adidas and Kanye West’s shutter shades, fashion and music have visibly influenced one another for decades.  The global recession has only strengthened this bond by leading fashion brands to take on roles once exclusively reserved for major record labels.  As a result, labels and artists [...]

U.S. Diamond Retailers Can Help Ensure Conflict Diamonds Are Not a Girl’s Best Friend

Not all diamonds are a girl’s best friend.  Conflict diamonds, for instance, are considered more of a rebel’s best friend.  Also known as “blood diamonds,” conflict diamonds are linked to rebel forces and factions opposed to legitimate governments, and are used to fund military opposition to those governments.  The international diamond community, including the U.S., [...]

Removal of UPC Codes Constitutes Trademark Infringement

On June 19, 2009, in Zino Davidoff SA v. CVS Corp., the Second Circuit enjoined CVS, a national retail chain, from removing unique production codes ("UPC") from Davidoff product packaging for its "Cool Water" fragrances on the grounds of trademark infringement.[1]  Davidoff, a high end luxury brand, imprints a unique UPC on every product for [...]

Disclaiming Beauty in a Jar: FDA and FTC Regulation of Cosmeceutical Performance Claims

Diminish fine lines.” “Regenerate your skin.” “Stimulate cell renewal.” These days, a number of cosmetic products claim to do more than just hide blemishes. Rather, they promise “age-defying” results with ingredients that influence and enhance the skin’s biological function. These products, aptly termed “cosmeceuticals,” are a hybrid between cosmetics and pharmaceuticals. For instance, while cosmeceuticals are applied topically as [...]