Author - Lorie Lambert

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Optimising your D2C e-commerce fashion operation – top 10 tips
2
Caudalie Fined In Belgium In The Context Of The Implementation Of Its Selective Distribution Network
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White House Provides Guidance on “Made in America” Executive Order
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The image of woman objectification in advertising is no longer compliant as well as fashionable
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“Lettuce Turnip the Beet” Pun on T-Shirts Not Trademark Use, Ninth Circuit Affirms
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Vertical Agreements in the Luxury Sector

Optimising your D2C e-commerce fashion operation – top 10 tips

The COVID-19 pandemic accelerated most brands’ plans to grow their own direct to consumer (D2C) e-commerce presence. For many brands, this has become essential to their continued survival and competitiveness.
However, how does a fashion brand run a successful e-commerce site whilst retaining the exclusive allure and personal feel of its designer stores? What are the key legal pitfalls it should be looking out for as it navigates this changing landscape? We’ve pulled together 10 lessons learnt over the past 18 months:

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Caudalie Fined In Belgium In The Context Of The Implementation Of Its Selective Distribution Network

By Nicolas Hipp

On 6 May 2021, the Belgian Competition Authority (BCA) fined the high-end skincare products supplier Caudalie €859,310 for breaching competition law by imposing to its authorized distributors minimum resale prices and illegal limitations of online sales.

Caudalie submitted commitments to the BCA concerning the conditions that Caudalie can impose on distributors to safeguard the integrity of its distribution network and protect its brand image. The BCA’s decision made these commitments legally binding and considered them as mitigating circumstances justifying a decrease of the amount of the fine.

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White House Provides Guidance on “Made in America” Executive Order

By Susan Kayser and Lauren Burke

On June 11, 2021, the White House issued initial guidance on how President Biden’s January 25, 2021 “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers” (“Order”) will be implemented.  The Order aims to ensure that the federal government is spending taxpayer money on American-made goods, by American workers, and with American-made component parts.  This is significant considering the nearly $600 billion the federal government spends annually. 

The “Made in America Office” (MIAO) established by the Order is within the Office of Management and Budget (OMB).  The MIAO will review any exceptions from or waivers of Made in America Laws filed by government agencies.  The renewed focus on “Made in America” as implemented by the MIAO will likely influence enforcement of Made in America claims as well.

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The image of woman objectification in advertising is no longer compliant as well as fashionable

In the context of modern advertising, especially in the countries of the old continent and in the fashion market, the image of women has been severely challenged. This is a tricky topic with multiple socio-cultural, economic and political implications. Advertising is often accused of crossing the limits, with the risk of reducing the female image to a stereotyped object of mere commercial persuasion, also able to affect customers’ actions.

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“Lettuce Turnip the Beet” Pun on T-Shirts Not Trademark Use, Ninth Circuit Affirms

The owner of the trademark “LETTUCE TURNIP THE BEET” cannot prevent third parties from printing the mere phrase on t-shirts, tote bags, or other products. The U.S. Court of Appeals for the Ninth Circuit affirmed on January 20, 2021 that consumers are likely to purchase such products because they find the phrase aesthetically pleasing and not because they associate the phrase with any particular source. LTTB LLC v. Redbubble, Inc., 19-16464 (9th Cir. 2021).

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Vertical Agreements in the Luxury Sector

Our Brussels and London lawyers have contributed a Survey Article entitled “Vertical agreements in the luxury sector” to the Journal of European Competition Law & Practice, Oxford Academic. This is the first ever JECLAP Survey Article on vertical agreements in the luxury and fashion sector.

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