Fashion Law Roundup: Holiday tiding you over until LAW OF FASHION's return, with legal news from an action-packed November

Posted by Charles Colman

The man behind this website (who's also behind the LAW OF FASHION LinkedIn group to which he constantly directs you) is about to go on litigation/writing/holiday lockdown -- PSA: these things don't mix very well -- so it will be pretty quiet around here for a while. To tide you over for the next few weeks, LOF brings you a roundup of the most important, controversial, and/or ridiculous fashion law news from November 2012:


Intellectual Property


"Design patents 101: Lululemon Athletica Canada and Calvin Klein, Inc. settle infringement lawsuit over yoga pants" (LAW OF FASHION)


"[On the Western Front of the] IP Wars: Inside the Fight Over Trademarks" (The Hollywood Reporter / THR Esq.)


"Supreme Court weighs protection [available under the U.S. Copyright Act against] gray market imports" (Reuters)


"Chanel loses lawsuit over crochet design [and has decided not to appeal]" (AsiaOne / AFP)


"Shoe designer Charles Philip slaps the Gap [with copycat lawsuit]" (New York Post)


"[Photographer Jessica Nichols] Claims Major Designer [Chris Benz] Used Her Photo on Clothing Without Permission" (PetaPixel)


"Coach Wins $257 Million [Default Judgment] Against Counterfeiters" (Bloomberg News)


"132 online counterfeit sites seized in Cyber Monday blitz" (Yahoo! News / Reuters)


"Labels hit by Chinese trademark squatters" (Drapers)


"Italian brands battle to register trademarks in China" (FashionUnited)


"China's Massive Counterfeiting Market May Never Be The Same After Major Crackdown" (Business Insider)


"[District] Court Ignored Ralph Lauren Trademark Ruling, 2nd Circ. Told [By U.S. Polo Association]" (Law360; sub. required)


"Detroit Tigers [Oppose] Clothing Co.’s ‘Tokyo Tigers’ Mark" (IP 360; sub. required)


"Court Tackles Copyright Issue of [Retro] NFL Uniforms in Video Games [and Two Other Settings; Finds Fair Use in Two, But Not in Madden NFL Dispute]" (Manatt)


"[The Kardashians Claim They Will] Win Makeup War [Against High-End 'Chroma Makeup' With Purported] Secret Weapon" (TMZ)


"Diddy persuades Trademark Office to cancel owner's registration of DIRTY MONEY, in connection with apparel, based on extended non-use" (LAW OF FASHION)


"North Face Continues To File Questionable Legal Claims Against Parodies" (techdirt)


"An end to faking it: could a new (UK) law damage the world of design?" (Guardian)


"Scary copyright stuff: It's not all about the Innovative Design Protection Act of 2012, you know" (LAW OF FASHION)



Advertising, Marketing, Labeling, and Disclosure


"Lucky Brand Settles $10M Text Message Suit" (The Fashion Law)


"Luxury Products Go Logo-less [But Will There Be Unintended Legal Consequences?]" (DuetsBlog)


"Italian [Fashion] Industry Irked by Labeling Decision" (WWD; sub. required)


"New York AG Addresses ['Cause'] Marketing on Social Media" (Sheppard Mullin)


"[Putative False Advertising] Class Action Lawsuit Follow[s] Regulatory Action for Avon" (JD Supra)


"Perfume Makers [Who Sell to 'Tweens' Allegedly] Failing To Report Hormone-Disrupting Chemicals In Products" (



Manufacturing, International Trade, and Import/Export


"112 killed in fire at Bangladesh garment factory" (Yahoo! News / AP)


"U.S. Joins WTO Case Against China [Apparel and Textile] Subsidies" (WWD; sub. required)


"The continuing US trend to criminalize customs violations" (Lexology / Mayer Brown)


"Top 10 International Trade Law Best Practices for General Counsel" (Corporate Counsel)


"Fighting a rising tide - Fluctuating freight rates are forcing a rethink of how businesses ship products from the Far East to Europe" (Drapers)


"Lifting of Burma Import Ban Opens Doors; Country Seen As Potential Sourcing Alternative" (WWD; sub. required)



Merging, Acquiring, Partnering, Un-Partnering, Liquidating


"M&A Deals Up 60% on Year" and "M&A Frenzy Heats Up" (WWD; sub. required)


"PVH Unifies Calvin Klein With $2.9 Billion Warnaco Purchase" (Bloomberg BusinessWeek)


"L'Oréal strikes deal to buy Urban Decay - French beauty giant acquires edgy makeup brand to push further into fast-growing specialist cosmetics marketplace" (Guardian)


"Fast Retailing to buy 80% stake in J Brand" (Financial Times)


"Gemfields buys Fabergé to create gem champion" (Reuters)


"[Kazakh oil billionaire Goga] Ashkenazi takes full ownership of Vionnet" (Elle UK)


"Tommy Hilfiger Group and Inbrands S.A. Announce Joint Venture to Operate the Tommy Hilfiger Business [in Brazil]" (Daily Finance / BusinessWire)


"Italy's Aeffe ends licence deal with Cacharel" and "Cacharel Will Become Cacharel Paris, Have Lower Price Points" (Reuters, Fashionista)


"Bakers begins liquidation sales at 150 stores" (SL Post-Dispatch)



Mean Business


"Dolce & Gabbana To Stand Trial on Criminal Charges of Tax Evasion" (Fashionista)


"Lynn Tesoro Files [Full Complaint in] Suit After Slap Incident" (WWD; sub. required)


"'[Haute] Hippie' job wasn’t groovy [says] lawsuit" (New York Post)


"Wal-Mart files U.S. labor charge against union" (Reuters)


"Cosmetics Company Sisley [Not to Be Confused with Benetton-Owned Apparel Company of the Same Name] Sued For Pregnancy Discrimination" (BuzzFeed)


"'The Price Is Right' Lawsuit: Model Brandi Cochran Wins [Pregnancy Discrimination] Lawsuit Against Game Show" (HuffPost TV / AP)




[Like everything on LAW OF FASHION, 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 relevant writer(s) on a particular date, and should not necessarily be attributed to this writer, his law firm, its agents, or its clients. Neither LAW OF FASHION nor any person or entity associated with it can or will warrant the thoroughness or accuracy of the content here or at the cited sources.]