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HTMLMaterial Breach May Have Voided Confidential Settlement Agreement, Court Finds
Morrison Cohen LLP;
Legal Alert/Article
September 27, 2013, previously published on September 24, 2013
In a ruling from the bench in favor of high-end fashion jewelry retailer and Morrison Cohen client Madison Avenue Diamonds LLC, the Commercial Division of the Supreme Court, New York County, has ordered that trial preparation proceed on claims that could void the retailer’s obligation to make...

 

HTMLTrademark Board Finds Product Packaging Not Inherently Distinctive
Timothy J. Lockhart; Willcox & Savage, P.C.;
Legal Alert/Article
August 17, 2013, previously published on Summer 2013
The U.S. Trademark Trial and Appeal Board (TTAB) recently decided a trade dress case that illustrates important differences between the registerability of product packaging as a trademark and the registerability of product design. In this case, In re Book to Bed, Inc., Serial No. 85262093 (June 21,...

 

HTMLDang v. San Francisco Forty Niners - Consumers can Challenge Reebok's Exclusive NFL Apparel Deal Based Just on a Market of Garments Bearing NFL Team Logos
Leo Caseria, David R. Garcia; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 8, 2013, previously published on August 7, 2013
On August 2, 2013, District Judge Edward J. Davila denied a motion to dismiss antitrust claims brought by consumers of NFL apparel against Reebok and the NFL in Dang v. San Francisco Forty Niners, Case No. 5:12-CV-5481 (N.D. Cal.). Plaintiff seeks to represent a class of NFL apparel purchasers who...

 

Adobe PDFSecond Circuit Finds No Coverage for Trademark Infringement Suit Involving Distinctive Rear-Pocket Stitching on Jeans Sold by Insured to Wal-Mart
Sally A. Clements, Robert J. Kelly; Coughlin Duffy LLP;
Legal Alert/Article
July 5, 2013, previously published on June 26, 2013
In a June 11, 2013 decision, the Second Circuit Court of Appeals refused to expand the definition of “slogan” as used in the definition of “advertising injury” and found no coverage for an underlying settlement of a suit against a Wal-Mart supplier. In CGS Industries, Inc....

 

HTMLNew York Law Requires Chaperones and Certificates on the Catwalk: A New Era In Modeling?
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
July 3, 2013, previously published on June 26, 2013
Both houses of the New York State Legislature unanimously passed a bill on June 12, 2013, that should impact significantly the New York fashion modeling industry. The bill, once signed into law by Governor Andrew Cuomo, would amend the Labor Law and Arts and Cultural Affairs law that currently...

 

HTMLFour Wheel Fashion
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 25, 2013, previously published on June 19, 2013
If you’ve ever wondered what the “lifestyle” of a Porsche driver looks like, look no further than Porsche Design’s latest fashion catalog. Twenty-three glossy pages of sleek leather jackets, modern business blazers, and retro-futuristic day-to-evening wear attempt to define...

 

HTMLHashtagging Away Your Rights: Privacy and Publicity Rights in Social Media
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 25, 2013, previously published on June 19, 2013
The fashion industry is finally loosening its buttons—several decades and a few billion dollars in advertising later, retailers are moving away from using high-priced models and exotic locations to lure customers. Instead, many brands are promoting their designs by relying on every day images...

 

HTMLOn the Apparel Labeling System in Taiwan
Serena Kao; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
April 16, 2013
Apparel labels are just like the ID of clothes. A thorough and accurate display of the contents of clothing not only serves as purchase reference for consumers but also provides clear washing and cleaning instructions so that the consumers can adopt correct methods for the maintenance of clothing....

 

HTMLSpring Fashion Season: The Time is Ripe for Rip-Offs and the Industry Still Awaits a Remedy
Lica Colwell; Nexsen Pruet, LLC;
Legal Alert/Article
March 21, 2013, previously published on March 18, 2013
It’s March, and in Charleston thoughts turn to longer days, spring break and, relatively recently, fashion. The tents go up in Marion Square mid-month for fashion fans to enjoy a week of shows featuring new designs and clothes from local stores. It is a lot of fun and, actually, very big...

 

HTMLIn-FUR-mation Update: New FTC Enforcement Policy for Retailers
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
March 8, 2013, previously published on March 5, 2013
Fur was a number one pick this winter season, as seen in magazine editorials, designer ads and fashion shows, showcasing its popularity in collections around the world. Whether jacket, purse, parka or boots, the Federal Trade Commission (“FTC”) mandates that all fur products within its...

 


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