Author - Jasmine Jesty

1
Battle of the Bags: UNIQLO Sues SHEIN in Japan Over Viral Handbag Dupe
2
Victory for Chanel in Luxury Reseller Trial
3
Walking the Fine “Broken” Line in Designs
4
Best Practices for Preparing for and Responding to a “Dawn Raid”
5
Dior’s Foray Into Blockchain: Fashion and Digital Proof of Authenticity
6
Fake Fashion – Sinister Online Shopping Scams on the Rise

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.

Read More

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. 

Read More

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.

Read More

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.

Read More

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.

Read More

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

Read More

Copyright © 2024, K&L Gates LLP. All Rights Reserved.