Mini-roundup: Details on recent Alexander Wang lawsuit hitch; Florida employees fired for wearing orange; and more serious stuff

Posted by Charles Colman

Even though LAW OF FASHION just posted its weekly fashion law roundup yesterday, there's so much news that either slipped under LOF's radar the first time, or has since developed, that a mini-roundup is called for.  The "mini" part means you don't get the benefit of this writer's sometimes-insightful, sometimes-superfluous commentary on the stories selected, but such is life -- after all, I do have another job.

"Alexander Wang Lawsuit Stalled; Bizarre Lawyer Beef Surfaces" (New York Magazine / The Cut)

"The plaintiffs' lawyer, Ming Hai, filed a motion on Thursday to discontinue the case without prejudice, announcing that he's relinquished it to a different lawyer who will refile the case in federal court. Meanwhile, Wang's lawyer, Hugh Mo, says that Hai's original case is so flawed that it should be dismissed with prejudice, which would prevent the new lawyers from being able to refile in federal court or anywhere else.... Mo adds that the alleged 'windowless, 200-square-foot sweatshop' is actually a spacious 4,000-square-foot work room with ten-foot windows and lots of ventilation.... [Mo's] letter went on to say that if Hai didn't file to dismiss the case with prejudice, then Mo would pursue sanctions against Hai, which could result in fines or other penalties from the Bar Association...."


"Open letter on the shooting of three female garment workers in [Cambodia]" (FIDH)

"[A]round 6,000 workers gathered in front of the Kaoway Sports Ltd factory [in the Svay Rieng province] in a peaceful demonstration to demand for better working conditions, including a minimum living wage of US$61/month and lunch allowance. While the demonstration was taking place, three unarmed women were shot; two suffered wounds to their arms or legs, one was seriously injured as the bullet ripped through her thoracic cage...."

"The Model Alliance’s Industry Survey Finds Nearly 30% of Models Have Been Sexually Harassed and 50% Exposed to Cocaine" (Fashionista)

"The modeling industry is largely unregulated: Models are independent contractors without basic employment rights like workplace protection and minimum age and wage requirements. That’s why the Model Alliance, established to improve models’ working conditions as well as provide a safe space for models to communicate with one another about their rights, created one of the first surveys we’ve seen to offer an analysis of models’ experiences.... Granted, the sample size is pretty small [at 85 respondents out of 241 models surveyed, but the] numbers make plain that this is a workforce in need of an outlet to anonymously report abuse. So the Model Alliance set it up…."

"Beauty Pageants Head To Litigation Portion Of Ceremony" (Law 360 [sub. required])
"The organizers of the Mrs. United States beauty pageant on Friday sued a former pageant queen who allegedly started a competing beauty contest that cribbed on the trademarks of the original event.  Mrs. United States National Pageant Inc. lodged a lawsuit in New York federal court accusing Miss United States of America Organization LLC and its principals of putting on a competing beauty pageant based on derivative marks after the defendants failed to procure the original trademark rights from MUSNP...."

"Hervé Léger Sues Stretta in Trade Dress Lawsuit [over 'Bandage Dress']" (Fame Appeal)
"Stretta Moda [allegedly] employed a type of 'leak' campaign whereby Stretta described its products to the public as made in the same factories as the authentic Hervé Léger dress. In other words, Stretta [allegedly] falsely advertised ... that its Herv
é Léger knock-offs are virtually the same as authentic Herve Leger garments—the one difference being the lower Stretta price and low quality fabric...."

"Li & Fung’s Tax Win Upheld" (Women's Wear Daily [sub. required])

"Hong Kong Inland Revenue assessed [$247 million in] additional tax liability to the commissions received by Li & Fung [between 1992 and 2010, but the company] disputed the assessment since the commissions originated overseas.  In April 2011, the Court of First Instance determined that buying agency commissions were not taxable when earned from services outside of Hong Kong through overseas affiliated firms. Hong Kong Inland Revenue filed an appeal [but] the Court of Appeal has upheld the judgment of the Court of First Instance."

"14 fired at law firm for wearing orange shirts, workers report" (South Florida Sun-Sentinel)

"Were they wearing orange shirts on Friday to protest management? Or to get psyched for happy hour?  Either way, orange-shirted workers no longer have jobs at the Deerfield Beach law firm of Elizabeth R. Wellborn P.A.... This [past] Friday, 14 workers wearing orange shirts were called into a conference room, where an executive said he understood there was a protest involving orange, the employees were wearing orange, and they all were fired....  One employee immediately denied involvement with a protest and explained the happy-hour color.  The executives conferred outside the room, returned and upheld the decision: all fired[.]"


[This post is for entertainment and informational purposes only, and does not constitute legal advice or create an attorney-client relationship among any individuals or entities.  Any views expressed in this post or at the linked web pages are those of the writer on a particular date, and should not necessarily be attributed to this writer, his law firm, or its clients.  LAW OF FASHION does not and cannot warrant the thoroughness or accuracy of the content at the linked web pages.]