apparel – Fashion Law Watch

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

Nov 20 2023

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.

Fake Fashion – Sinister Online Shopping Scams on the Rise

Aug 09 2023

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

Australian active wear business fined AU$5 million for making false and misleading COVID-19 apparel claims

Sep 23 2021

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”.

UNICOLORS v. H&M: COPYRIGHT REGISTRATION VALIDITY

Jun 18 2021

By Susan Kayser and Betsy Byra

On June 1, 2021, the Supreme Court granted certiorari in the ongoing case of Unicolors v. H&M Hennes & Mauritz, L.P., No. 20-915. With a nearly $1 million copyright verdict on the line, pattern manufacturer Unicolors, Inc.’s (“Unicolors”) fate is now at the Supreme Court to decide whether courts should refer copyright registration validity challenges to the Copyright Office where there is a known misrepresentation in the registration, but no evidence of intent to defraud.

Trademark Infringement Case Update: Lucky Brands Dungarees v Marcel Fashion Group

Feb 13 2020

A nearly 20-year dispute between two competitors in the apparel industry will be heard by the Supreme Court Monday January 13, 2020, on the legal issue of claim preclusion – highlighting the practical pitfalls of releasing trademark infringement claims in settlement agreement between parties that continue to use the marks at issue. The case is Lucky Brands Dungarees, Inc. v. Marcel Fashion Group, Inc., Case No. 18-1086.

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