Fashion Law Watch

Legal issues, laws and regulations concerning the world of fashion and luxury goods.

1
Influenced by Influencers? Legislative Updates to Illegal Content in the Digital Age
2
Levi Strauss Settles Trademark Dispute Over Pocket Tab on Jeans
3
Chanel Seeks Permanent Injunction Against WGACA
4
Battle of the Bags: UNIQLO Sues SHEIN in Japan Over Viral Handbag Dupe
5
Victory for Chanel in Luxury Reseller Trial
6
Walking the Fine “Broken” Line in Designs
7
Best Practices for Preparing for and Responding to a “Dawn Raid”
8
France’s Digital Influencer Regulation: Whether You Like It or Not, You’ll Need to Subscribe to Those Changes!
9
Dior’s Foray Into Blockchain: Fashion and Digital Proof of Authenticity
10
Fake Fashion – Sinister Online Shopping Scams on the Rise

Influenced by Influencers? Legislative Updates to Illegal Content in the Digital Age

Recent legislative updates have emerged in France, focusing on the intricate balance between national regulation and European Union directives —especially relevant to the evolving sector of commercial influence. The French law no. 2024-356, passed on 22 April 2024 (DADDUE Law), has granted the government a nine-month window to modify previous statutes to align with European standards.

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Levi Strauss Settles Trademark Dispute Over Pocket Tab on Jeans

Levi Strauss continues enforcement of its Tab trademark against other fashion companies. On May 7, 2024, just a couple months after filing suit against Brunello Cucinelli, Levi Strauss voluntarily dismissed its lawsuit. Levi’s filed suit against the Italian luxury fashion brand in the Northern District of California in January 2024 alleging infringement of Levi’s rectangular pocket tab trademark. Levi’s dismissed the suit after reaching a confidential settlement.

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Chanel Seeks Permanent Injunction Against WGACA

The public legal dispute between luxury brand Chanel and luxury reseller What Goes Around Comes Around (WGACA) continues with Chanel seeking a permanent injunction that WGACA argues is too broad. As previously reported, a New York jury previously awarded Chanel a US$4 million verdict against WGACA for sales of counterfeit Chanel-branded products Chanel, Inc. v. What Goes Around Comes Around, LLC, et al., 1:18-cv-02253 (SDNY). 

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Battle of the Bags: UNIQLO Sues SHEIN in Japan Over Viral Handbag Dupe

In January 2024, UNIQLO CO., LTD. (UNIQLO) announced that it had filed a lawsuit before the Tokyo District Court against Roadget Business Pte. Ltd., Fashion Choice Pte. Ltd., and SHEIN Japan Co., Ltd. (collectively, SHEIN Parties). UNIQLO alleges that the SHEIN Parties have infringed Japan’s Unfair Competition Prevention Act by selling dupes of UNIQLO’s popular round mini shoulder bag, which went viral on TikTok last year due to its minimalistic, water-repellent exterior and ability to hold a surprisingly large volume of products for its size. UNIQLO is demanding that the SHEIN parties cease selling the dupe bags and pay damages incurred as a result of sale of the SHEIN Parties’ dupe products.

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Victory for Chanel in Luxury Reseller Trial

A New York federal jury sided in favor of Chanel on all of it claims against luxury reseller What Goes Around Comes Around (WGACA), awarding Chanel US$4 million in statutory damages for sales of counterfeit Chanel-branded handbags. In Chanel, Inc. v. What Goes Around Comes Around, LLC, et al., 1:18-cv-02253 (SDNY), WGACA was found liable for trademark infringement, false association and unfair competition, and false advertising claims. The jury further found that WGACA acted willfully, with reckless disregard, or with willful blindness. 

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Walking the Fine “Broken” Line in Designs

In many jurisdictions, it is customary for claimed features of a design to be depicted in solid lines while disclaimed features of a design are shown in broken lines.

In Australia, unless parts of the product are separable, a design will be read as being the overall article represented and the parts with broken lines are not completely disregarded.

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Best Practices for Preparing for and Responding to a “Dawn Raid”

Recently, several fashion houses were raided by European Union antitrust regulators based on concerns that these companies may have violated laws against cartels and restrictive business practices. Relatedly, in the United States, the current administration has been very aggressive in its enforcement of antitrust laws with a new “Won’t Back Down” approach towards litigation and increased investigative activity. The current landscape should serve as a reminder why it’s important to, first and foremost, ensure compliance with the antitrust laws around the world, but also to be prepared should the government come knocking.

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France’s Digital Influencer Regulation: Whether You Like It or Not, You’ll Need to Subscribe to Those Changes!

Amidst a sudden increase in paid-for posts that went viral for dubious products and services, France has taken a significant step toward the regulation of influencer communication. The Act no. 2023-451 (Influencers Act), which came into effect on 9 June 2023, aims not only to protect consumers but also to support the influencers, in order to foster the healthy growth of this ecosystem. France is now the first European Union (EU) country to implement a thorough framework regulating commercial influence.

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Dior’s Foray Into Blockchain: Fashion and Digital Proof of Authenticity

Dior’s B33 Sneaker

In July 2023, Dior announced its first foray into blockchain when it released B33 sneakers for men, a further example of how brands are evolving how they interact, influence, and collaborate with consumers.

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Fake Fashion – Sinister Online Shopping Scams on the Rise

Thousands of Australians are falling victim to online shopping scams every year. In June 2023 alone, over two thousand scam incidents were reported with a total combined loss of AU$1,115,264  according to the Australian Competition and Consumer Commission.1

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