Fashion law SUPPLEMENT: EU high court asked to rule on ACTA; Coty stops courting Avon; Vuitton stationery = major IP power grab?

Posted by Charles Colman

"EU’s Highest Court Asked to Rule on Global Anti-Piracy Treaty" (Bloomberg)


"The European Union’s top court was asked to rule on the legality of a global anti-piracy treaty, delaying the region’s approval for the accord aimed at preventing counterfeiting worldwide. The European Commission, the 27-nation bloc’s executive arm, asked the European Court of Justice to check if the agreement, known as ACTA, is compatible with EU treaties and the region’s Charter of Fundamental Rights, John Clancy, an EU spokesman, said in en e-mailed statement from Brussels on May 11...."

"ACTA-As-Counterproposal at TPP Negotiations; News from Dallas Round" (InfoJustice)


"The 12th round of Trans Pacific Partnership talks are underway in Dallas. Negotiators are covering intellectual property topics including enforcement and patents. As reported by Inside U.S. Trade, New Zealand, Australia and Singapore have proposed replacing some elements of the US proposal on IP enforcement with ACTA language. The US proposal for IP enforcement in the TPP goes beyond ACTA in a number of ways. Under the US proposal, an infringement carried out without regard to financial gain may be still considered 'commercial scale' – and therefore subject to criminal penalties. The US TPP proposals also requires penalties to be applied in certain cases where infringements are not carried out 'willfully.' For a good analysis of the differences between TPP and ACTA, see former PIJIP fellow Carrie Sager’s table comparing the two...."

"Colombia [Free Trade Agreement] Presents Export Opportunities" (WWD; sub. required)


"Brands and retailers making apparel in Colombia are facing some transition challenges as the U.S.-Colombia Free Trade Agreement is set to take effect today, while textile and apparel exporters are poised to gain new market opening opportunities. The bilateral free-trade deal will supplant a U.S. preference program that gave unilateral benefits to Colombian apparel exporters but no reciprocity to U.S. exporters. U.S. trade officials have been touting the pact as another measure that will help reach President Obama’s goal of doubling exports by the end of 2014...."

"Coty Withdraws Bid for Avon" (WWD; sub. required)


"Coty Inc. said Monday it has withdrawn its $10-billion takeover bid for Avon Products, Inc. In a letter to Avon's board, which was made public, Coty chairman Bart Becht said his company is withdrawing its offer and moving on to pursue 'other opportunities.' Coty made its first approach to Avon in March and raised its bid last week...."

"The Atlanta Braves Complain About [Jersey] Parody: Are They Being Too Uptight?" (SodaHead)


"The Atlanta Braves and Major League Baseball don't have a sense of humor. At least when it pertains to their trademarks. Everett and Allison Steele are big Braves fans and wanted to embrace an inside joke amongst the fan base. According to the Steeles, on Twitter, people have humorously -- and at times, accidentally -- misspelled the Atlanta Braves the 'Atlanta Barves.' So what did the Steeles decide to do? Make parody t-shirts of course. Harmless, right? Not according to the Braves organization and the MLB. The entities recently sent a cease and desist letter to the Steeles to halt operation/production of the 'Atlanta Barves' shirts.... The Braves and the MLB have the right to protect their trademarks and image, but are they being a little too uptight here?"

"Copenhagen Fashion Summit 2012" (The Vine)


"The Copenhagen Fashion Summit (CFS) has just wrapped up for 2012. Denmark, the logical host for a sustainable fashion summit, is well known both for fashion and its green agenda so combining the two proved fertile ground for the discussions. One of the most extensive sustainable fashion symposiums to reach the mainstream, the summit explored many of the most interesting innovations in sustainable fashion. CFS aims to be the leading international fashion conference on sustainability and Corporate Social Responsibility.... The packed agenda included key issues 'Sustainable Consumption of Fashion', 'Creating Innovative Business Models and New Partnerships for Sustainable Consumption and Growth', and 'Fashion Futures – Next Generations and Shared Visions.' Much of the discussion focussed on 'sustainable consumption' and 'green growth'..."

"Counterfeit clothing and goods seized in [Dublin]" (RTE News, Ireland)


"Gardaí have seized counterfeit goods and clothing with an estimated value of €100,000 after they carried out a search at a house in Cabra, Dublin.... The items seized include counterfeit designer labelled clothing, footwear, and sunglasses. Gardaí also seized industrial embroidery and labelling machine, a vacuum packaging machine and other unbranded clothing products...."

"Nicky Hilton sues ex-business partner for $5M" (NY Daily News)


"American model Nicky Hilton has sued her former clothing line partners, Asher Group for $5 million, saying it was responsible for the failure of a high-end fashion venture that she undertook.... She claimes they promised to provide $4.9 million in financing for the operation and pay her a guaranteed annual salary of $250,000 plus a 10 percent increase each year. But in a lawsuit filed here in [Los Angeles] County Superior Court, Nicky said the Asher Group failed to secure the $4.9 million...."

"EBay Says Fines May Be Cut After Appeal on Sales of LVMH Fakes" (Bloomberg)


"EBay Inc. (EBAY) said it may win a reduction in fines after France’s high appeals court overturned part of a 2010 decision holding it responsible for sales of counterfeit LVMH Moet Hennessy Louis Vuitton SA (MC) goods on its website. The Cour de Cassation on May 3 referred the case back for retrial by a Paris court of appeal. An earlier appeals court had maintained a Paris commercial court’s finding that EBay didn’t do enough to stop the sale of fakes, while slashing fines imposed by the tribunal...."

"Bond No 9's Latest Fragrance Honors Same-Sex Marriage" (Racked)

"New York-based perfumer Bond No 9 names almost all of its scents (except this one) after New York City people and places, from Andy Warhol to Little Italy. But its latest fragrance takes a slightly different tack—it celebrates the state of New York's support of same-sex marriage...."


"Transgender Model Lea T. Makes Her First Post-Op Runway Appearance" (Fashionista)

"Lea T. took to the runway in São Paulo Saturday night in celebration of Elle Brazil’s 24th anniversary–but her turn on the catwalk marked an important personal landmark in the model’s career as well: According to Made in Brazil blog’s Juliano Corbetta, this is Lea T’s first modeling job after undergoing sexual reassignment surgery.... The fashion world has long embraced Lea T. as a transgender icon–The past several years have seen her walk in countless shows for names like Givenchy, appearing in Vogue Paris spreads, and appearing on magazine covers alongside the likes of Kate Moss...."

"Louis Vuitton is planning to expand into stationery [Legitimate business strategy, or sinister power grab to control all things paper-related?]" (Harper's Bazaar)

[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.  Neither LAW OF FASHION nor any person or entity associated with it can warrant the thoroughness or accuracy of the content here or at the linked sites.]