Category: Advertising

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Fashion Law Update – November 2021 edition
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Optimising your D2C e-commerce fashion operation – top 10 tips
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Australian active wear business fined AU$5 million for making false and misleading COVID-19 apparel claims
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Mike Tyson Sues Australian Streetwear Brand Culture Kings
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Fashion Law Update
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The image of woman objectification in advertising is no longer compliant as well as fashionable
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Vertical Agreements in the Luxury Sector

Fashion Law Update – November 2021 edition

Fashion is the armor to survive the reality of everyday life

Bill Cunningham

In this edition of Fashion Law, we look at the emerging and evolving trends within the retail, luxury goods and fashion sectors post COVID-19 around the world.

In this edition, we focus on a few themes which include:

  • Navigating a fashion brand’s transition to direct to consumer
  • Important updates for brands selling goods in Europe
  • Managing supply chain risk – the U.S. perspective
  • Consumer Law in Australia
  • What’s happening in fashion intellectual property?
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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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Australian active wear business fined AU$5 million for making false and misleading COVID-19 apparel claims

The Australian Federal Court has ordered women’s active wear manufacturer and retailer, Lorna Jane Pty Ltd (Lorna Jane), to pay AU$5 million in penalties for making false and misleading representations to consumers, and engaging in conduct liable to mislead the public, in connection with the promotion and supply of its “LJ Shield Activewear”.

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Mike Tyson Sues Australian Streetwear Brand Culture Kings

Mike Tyson, the famous former boxer, has sued Australian streetwear brand Culture Kings and its founders. Mr Tyson alleges the respondents have engaged in misleading and deceptive conduct under the Australian Consumer Law for using his name, nicknames and likeness to sell t-shirts, without his permission. Mr Tyson alleges that Culture Kings’ t-shirts bear images of him, his name as well as his monikers “Iron Mike”, and “Kid Dynamite”.

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Fashion Law Update

“Style is the only thing you can’t buy. It’s not in a shopping bag, a label, or a price tag. It’s something reflected from our soul to the outside world—an emotion.”

Alber Elbaz

In this edition of Fashion Law, we have a huge selection of articles from around the world.

As many countries ease into a new way of living with/post COVID-19, the way we do business has changed. Some businesses managed to expand their offerings going online, while others needed to increase their brand protection to counteract copycats, trade mark and design infringements.

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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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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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