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|Hashtagging Away Your Rights: Privacy and Publicity Rights in Social Media|
Sheppard Mullin Richter Hampton LLP;
June 25, 2013, previously published on June 19, 2013The 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...
|On the Apparel Labeling System in Taiwan|
Serena Kao; Lee Tsai Partners Attorneys-at-Law;
April 16, 2013Apparel 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....
|Spring Fashion Season: The Time is Ripe for Rip-Offs and the Industry Still Awaits a Remedy|
Lica Colwell; Nexsen Pruet, LLC;
March 21, 2013, previously published on March 18, 2013It’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...
|In-FUR-mation Update: New FTC Enforcement Policy for Retailers|
Sheppard Mullin Richter Hampton LLP;
March 8, 2013, previously published on March 5, 2013Fur 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...
|American Taxpayer Relief Act Provisions|
Bressler Amery Ross A Professional Corporation;
February 8, 2013, previously published on February 4, 2013Acting in last minute fashion, Congress addressed expiring tax provisions with the American Taxpayer Relief Act of 2012 (“ATRA”). The good news (besides avoiding the “fiscal cliff”) is that, unlike previous tax legislation passed in 2001 and 2010, ATRA provisions are...
|New York Tax Department’s Decombination Efforts Rejected in IT USA, Inc.|
Alvan L. Bobrow, Jeffrey S. Reed; Mayer Brown LLP;
January 29, 2013, previously published on January 24, 2013A New York State Division of Tax Appeals administrative law judge (“ALJ”) recently ruled that a group of three corporations properly filed New York State combined reports and therefore the New York State Department of Taxation and Finance’s (the “Department’s”)...
|U.S. Supreme Court Ruling Bars Competitor Defendant’s Trademark Invalidity Claim Following Plaintiff’s Covenant Not to Sue|
Iciar P. Garcia, Amy K. Mugherini; Bingham McCutchen LLP;
January 29, 2013, previously published on January 23, 2013The U.S. Supreme Court unanimously held that a covenant not to sue granted by Nike, Inc. to rival shoe manufacturer and alleged trademark infringer, Already, LLC, eliminated any controversy between the parties and prevented courts from considering Already’s counterclaim that Nike’s...
|If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue|
Janet F. Satterthwaite; Venable LLP;
January 25, 2013, previously published on January 15, 2013The United States Supreme Court, which rarely gets involved in trademark cases, has ruled that when a Defendant in a Trademark infringement case countersues to cancel the Plaintiff’s registration, the Plaintiff can divest a court of jurisdiction over the cancellation by granting the Defendant...
|Déjà Vu All Over Again: California Federal Court Finally Tells Merchants When They Can Ask Consumers For Personal Information - But Will The California Supreme Court Agree?|
Michael L. Mallow, Michael A. Thurman; Loeb & Loeb LLP;
January 9, 2013, previously published on December 2012A federal judge in the U.S. District Court for the Eastern District of California issued an opinion Dec. 17, 2012, that seems to answer definitively a question that has weighed on the minds of California merchants for the past several years: When - if ever - can a retailer ask customers for...
|Second Circuit Decision Brings A Satisfying Conclusion to Louboutin’s Red Sole Trademark Litigation Dispute with Yves Saint-Laurent|
Ankwei Chen; Lee Tsai Partners Attorneys-at-Law;
December 14, 2012In September, the US Court of Appeals for the Second Circuit reached a decision in the trademark dispute between fashion giants Christian Louboutin and Yves Saint-Laurent (YSL). Louboutin filed this interlocutory appeal in the wake of the decision reached by the District Court below in August 2011...