Fashion Law Watch – Legal issues, laws and regulations concerning the world of fashion and luxury goods.

Anti-Money Laundering and Fashion

Oct 14 2024

Around the world, the fight against money laundering and terrorism financing is ramping up in response to the emergence of ever-more sophisticated criminal networks and infrastructure. The Financial Action Task Force, a global intergovernmental organisation, established a set of standards and provided recommendations to all governments to consider and implement for detecting and preventing money laundering. The Australian government has now introduced the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024 (Bill) to parliament which proposes to overhaul Australia’s existing anti-money laundering and counter terrorism financing (AML/CTF) regime.

US$18.3 million Wearable Blanket Infringement Award Stands Despite Newly Announced Design Patent Standard

Aug 21 2024

An Arizona federal judge denied Top Brand LLC’s motion for a new trial following an US$18.3 million jury award to Cozy Comfort Co. for infringement of two Cozy Comfort design patents and the “Comfy” trademarks used in connection with “The Comfy” hooded wearable blanket, which was featured on the television program “Shark Tank”.

Keeping Online Reviews Honest – The FTC Announces Final Rule to Combat Fake Reviews, Testimonials and Related Misrepresentations

Aug 20 2024

The United States Federal Trade Commission (FTC) announced a final rule this week aimed at combating the increasingly prevalent practice of selling or purchasing fake online reviews and testimonials for goods or services. While such unfair or deceptive acts are already unlawful, the final rule is aimed at increasing deterrence by allowing courts to impose civil penalties against violators and to seek orders requiring violators to compensate consumers for the harm caused by their conduct.

Running Marketing Campaigns in Australia Involving Prizes – What You Need to Know

Aug 05 2024

Marketing and social media campaigns designed to promote a brand, product, service or business where consumers enter a competition to win a prize are known as “trade promotions” and typically fall within two categories – “games of skill” and “games of chance”.

Principals and Agents: UK Consultation to Deregulate the Commercial Agents Regulations

Jul 26 2024

The Department for Business and Trade has extended the deadline for responses to be submitted to its consultation on the deregulation of the Commercial Agents (Council Directive) Regulations 1993 (the CARs), as part of a plan to review the needs of UK businesses following the UK’s exit from the European Union (EU).

Influenced by Influencers? Legislative Updates to Illegal Content in the Digital Age

Jun 12 2024

Recent legislative updates have emerged in France, focusing on the intricate balance between national regulation and European Union directives —especially relevant to the evolving sector of commercial influence. The French law no. 2024-356, passed on 22 April 2024 (DADDUE Law), has granted the government a nine-month window to modify previous statutes to align with European standards.

Levi Strauss Settles Trademark Dispute Over Pocket Tab on Jeans

May 13 2024

Levi Strauss continues enforcement of its Tab trademark against other fashion companies. On May 7, 2024, just a couple months after filing suit against Brunello Cucinelli, Levi Strauss voluntarily dismissed its lawsuit. Levi’s filed suit against the Italian luxury fashion brand in the Northern District of California in January 2024 alleging infringement of Levi’s rectangular pocket tab trademark. Levi’s dismissed the suit after reaching a confidential settlement.

Chanel Seeks Permanent Injunction Against WGACA

Apr 25 2024

The public legal dispute between luxury brand Chanel and luxury reseller What Goes Around Comes Around (WGACA) continues with Chanel seeking a permanent injunction that WGACA argues is too broad. As previously reported, a New York jury previously awarded Chanel a US$4 million verdict against WGACA for sales of counterfeit Chanel-branded products Chanel, Inc. v. What Goes Around Comes Around, LLC, et al., 1:18-cv-02253 (SDNY).

Battle of the Bags: UNIQLO Sues SHEIN in Japan Over Viral Handbag Dupe

Feb 26 2024

In January 2024, UNIQLO CO., LTD. (UNIQLO) announced that it had filed a lawsuit before the Tokyo District Court against Roadget Business Pte. Ltd., Fashion Choice Pte. Ltd., and SHEIN Japan Co., Ltd. (collectively, SHEIN Parties). UNIQLO alleges that the SHEIN Parties have infringed Japan’s Unfair Competition Prevention Act by selling dupes of UNIQLO’s popular round mini shoulder bag, which went viral on TikTok last year due to its minimalistic, water-repellent exterior and ability to hold a surprisingly large volume of products for its size. UNIQLO is demanding that the SHEIN parties cease selling the dupe bags and pay damages incurred as a result of sale of the SHEIN Parties’ dupe products.

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.