USA – Fashion Law Watch

Victory for Chanel in Luxury Reseller Trial

Feb 09 2024

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.

Mind the Gap: Patagonia Sues Gap For Copying Fleece Design

Nov 28 2022

High-end outdoor clothing brand Patagonia Inc is taking on fast fashion retailer Gap for copying its “iconic” fleece jacket design. Patagonia Inc has filed court proceedings in the Federal Court.

In a complaint filed on 22 November 2022, Patagonia alleges that Gap willfully and deliberately copied the fleece design through the creation and sale of its “Mockneck Pullover” jackets, mimicking the flap pocket and rectangular logo of Patagonia’s classic “Snap-T” fleece jackets (both shown below).

Fashion Law Update – November 2021 edition

Nov 23 2021

“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?

Mike Tyson Sues Australian Streetwear Brand Culture Kings

Jul 23 2021

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”.

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

Jun 29 2021

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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