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|International Safe Harbor Privacy Compliance: What You Need to Know|
Calvin Berman, Theodore C. Max; Sheppard, Mullin, Richter & Hampton LLP;
July 16, 2014, previously published on July 14, 2014Since early 2014, the Federal Trade Commission has charged at least fourteen U.S. businesses in varying industries, from fashion to telecommunications, for falsely claiming to participate in the US ¿ EU Safe Harbor privacy. Three of the companies were also charged with similar violations of...
|Fur Flies and West Hollywood (“WeHo”) Fur Ban Is Upheld By Federal Court|
Jordan Grushkin, Theodore C. Max; Sheppard, Mullin, Richter & Hampton LLP;
July 16, 2014, previously published on July 3, 2014West Hollywood, California’s controversial law banning the sale of fur within city limits survived a legal challenge by a luxury retailer last month. A federal court dismissed the action brought by Mayfair House Inc., a retailer that sells high-end clothing products, including products made...
|New Updated FTC Care Labeling Rules: “Do’s and Don’ts”|
Theodore C. Max, Gregg Re'; Sheppard, Mullin, Richter & Hampton LLP;
July 16, 2014, previously published on June 26, 2014The Federal Trade Commission (“FTC”) enforces federal labeling requirements that require manufacturers, importers, sellers and distributors of certain textile and wool clothing to accurately label their products. For example, FTC rules require that manufacturers indicate the country of...
|Preventing Trouble From “Popping Up”|
Steven J. Rabinowitz; Phillips Nizer LLP;
June 3, 2014, previously published on May 19, 2014Pop-up stores have become fashionable among small businesses and large companies alike because they offer a company the opportunity to sell merchandise and to test retailing concepts with minimal investment. They are also advantageous for landlords who hope to rent space that is temporarily being...
|Fashion: It is a Business|
Alan Behr; Phillips Nizer LLP;
June 3, 2014, previously published on May 19, 2014In business law, whatever the business might be, commercial considerations come first. An airtight contract or brilliantly argued appeal means nothing if it showcases the lawyer’s prowess but fails to deliver on the client’s business objectives. For anyone practicing fashion law, the...
|Aesthetic Functionality in the TTAB since Louboutin|
Anna L. King; Banner & Witcoff, Ltd.;
May 2, 2014, previously published on April 21, 2014The doctrine of aesthetic functionality was revived in the recent Louboutin case to protect the competitive need to use color to communicate a particular message. In that case, Christian Louboutin S.A. tried to enforce its trademarked red lacquered outsole against Yves Saint Laurent’s use of...
|OSHA, the New Fracking Sheriff in Town|
John D. Surma; Adams and Reese LLP;
April 29, 2014, previously published on April 18, 2014On February 13, 2013, the San Antonio Express-News published an article titled “Eagle Ford pay is high, but work can be fatal.” On February 15, 2013, the Houston Chronicle published an article titled “Fatalities accompany Eagle Ford Boom.” Both articles were republished in...
Sheppard Mullin Richter Hampton LLP;
April 11, 2014, previously published on April 8, 2014Native advertisements represent not only an increasingly popular and effective means of promotion for marketers, it also represents a massive headache for the Federal Trade Commission (“FTC”). Native advertising, also known as corporate content or branded journalism, is marketing...
|Prohibiting “Message” Clothing Without Business Reason Violates the NLRA|
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 17, 2014, previously published on February 10, 2014The National Labor Relations Board (NLRB) recently deemed a car dealership’s prohibition on “pins, insignias, or other message clothing which are not provided to them by the company” overly restrictive and a violation of the National Labor Relations Act (NLRA). Boch Imports, Inc.,...
|Fashion Documentaries: A Fashion Do|
Sheppard Mullin Richter Hampton LLP;
February 3, 2014, previously published on January 14, 2014Since the first major fashion documentary featuring designer Isaac Mizrahi, “Unzipped,” made its debut in 1995, the popularity of fashion documentaries has only gained traction. Within the past five years, a smattering of renowned brands, including Marc Jacobs, Louis Vuitton, and...