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HTMLNike Calls Illegitimate Goaltending on Point 3’s Attempt to Stuff its Jordan Fly Wade Sneakers
L. Robert Batterman, Robert E. Freeman, Howard L. Ganz, Wayne D. Katz, Joseph M. Leccese, Jonathan H. Oram, Howard Z. Robbins, Bradley I. Ruskin; Proskauer Rose LLP;
Legal Alert/Article
August 1, 2011, previously published on July 2011
Nike’s Jordan Brand basketball shoes have been getting serious air since they were first introduced in 1985. One of the brand’s latest models, the Dwyane Wade-endorsed Jordan Fly Wade, however, faces the threat of being permanently grounded.


HTMLALJ Luckern Grants Motion For Summary Determination On Domestic Industry Issues In Certain Handbags And Luggage (337-TA-754)
John F. Presper, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
July 28, 2011, previously published on July 27, 2011
On July 18, 2011 Chief ALJ Paul J. Luckern issued the public version of Order No. 7 (dated June 7, 2011) in Certain Handbags, Luggage, Accessories, and Packaging Thereof (Inv. No. 337-TA-754). In the Order, ALJ Luckern determined that Complainants Louis Vuitton Malletier S.A. and Louis Vuitton...


HTMLKnockout Blow to Knockoffs
Alexandra Kirschbaum, Peter E.J. Wells; McMillan LLP;
Legal Alert/Article
July 21, 2011, previously published on July 2011
In Louis Vuitton and Burberry v Singga Enterprises, the Federal Court has delivered a stern warning to those engaging in counterfeiting luxury goods in Canada by awarding an aggregate of $1.98 million in damages for trade-mark and copyright infringement and a further $0.5 million in punitive...


HTMLTenth Circuit Decides that Protective Gear Included in FLSA Exemption for Changing Clothes
Christopher M. McFadden; Ford & Harrison LLP;
Legal Alert/Article
July 11, 2011, previously published on July 7, 2011
Executive Summary: The Tenth Circuit, which includes Utah, Wyoming, Colorado, New Mexico, Kansas, and Oklahoma, decided this week that an employer did not violate the Fair Labor Standards Act ("FLSA") by failing to pay employees for time spent donning and doffing protective gear. See...


Adobe PDFWill Fashion Designs Finally Be Clothed In “Copyright” Protection?
Cory M. Amron, Richard S. Donnell, William H. Oldach, Christopher M. Ott; Vorys, Sater, Seymour and Pease LLP;
Legal Alert/Article
July 11, 2011, previously published on July 6, 2011
After many attempts, it appears that clothing designs may finally gain protection in the United States.


HTMLUSDA Gives OK for "Organic" Labeling for Third-Party Certified Textiles; National Organic Program Policy Clarified
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 28, 2011, previously published on June 27, 2011
On May 20, 2011, the United States Department of Agriculture's National Organic Program ("NOP") issued a Policy Memorandum (PM-11-14) addressing the labeling of textile products containing organic ingredients (such as organic cotton, wool or linen fabrics). The new policy supersedes the...


HTMLWind Power Equipment Subsidies Terminated by China After Successful WTO Challenge
Troutman Sanders LLP;
Legal Alert/Article
June 13, 2011, previously published on June 10, 2011
The Office of the U.S. Trade Representative (USTR) announced June 7 that China has ended targeted wind power equipment subsidies in response to a U.S. challenge at the World Trade Organization.


HTMLComprenez-vous International Arbitration?
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 10, 2011, previously published on June 7, 2011
International arbitration is becoming the preferred method of resolving disputes in the fashion industry because international arbitration typically provides: (1) a private resolution so that the parties can still continue their business relationship in the future; (2) a neutral forum; (3) easy...


HTMLBeauty Is In The Eye Of The Beholder And New Commercial Privacy Legislation Is Before The U.S. Senate
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 10, 2011, previously published on June 7, 2011
On April 12, 2011, United States Senators John Kerry and John McCain formally proposed the Kerry-McCain Commercial Privacy Bill of Rights Act of 2011 ("CPBRA"). This proposed legislation would apply to all retailers, including those in the fashion, beauty, and apparel industries, that...


Adobe PDFBulk Disposal of Goods by Administrator Not Prevented By Retention of Title Clause
David Allen, Ashley Katz, Ian McDonald, Devi Shah, Jeremy Snead, Kristy Zander; Mayer Brown International LLP;
Legal Alert/Article
June 7, 2011, previously published on June 2011
The Court of Appeal has determined that an administrator’s disposal of a retailer’s business as a going concern (including the bulk disposal of goods) did not go beyond the implied authority given to the retailer to sell and dispose of goods subject to a retention of title clause. The...


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