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.
Companies are advised to thoroughly investigate the companies they hire to manage their online reputations and reviews to ensure that only truthful and accurate reviews and comments from actual consumers are posted online.
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.
Pursuant to Section 1502 of the Dodd-Frank Wall Street Reform Act, the Securities and Exchange Commission issued final regulations on September 12, 2012 requiring publicly traded companies to disclose their use of “conflict minerals” in their products.
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.
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.
As experienced members of the fashion industry can attest, trade matters such as duties and taxes, and other regulations can have a huge impact on global sales and sourcing decisions.
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.
On May 7, 2013, the US District Court for the Central District of California granted final approval of Steven Madden, Ltd.’s settlement of a nationwide class action alleging that it violated the Telephone Consumer Protection Act by sending plaintiff and class members unsolicited text message ads.
In this video episode of Fashion Counsel, Arent Fox Partners Anthony Lupo and Nancy Noonan discuss the best visa types to assure smooth extended stays for strategic managers on assignment in the US for up to seven years.