By Tamar Duvdevani

Federal courts have long addressed when and if aspects of functional items can be subject to copyright protection. In the United States, “useful articles” such as lighting fixtures, furniture, appliances, and apparel,


Continue Reading Cheerleading Uniforms and Copyright Uniformity: When is a useful article’s artistic aspects amenable to copyright protection?

By Melissa Reinckens and Matt Ganas (New York)

For some time now, sports apparel as a category has been outpacing the growth of the overall retail industry. Market research company NPD Group reported a boom in the activewear sales in 2014 relative to the sluggish retail market. As recent trends in consumer demand spell dollar signs for sports apparel retailers, companies seek creative ways to secure exclusive rights in their products through intellectual property protection.


Continue Reading IP PROTECTION FOR SPORTS APPAREL IN THE US

By Ann Ford (Washington, DC)

Fashion retailers are integrating cutting-edge technology into their bricks and mortar locations to create a branded and effortless shopping experience to consumers. There are numerous legal issues that brands should consider before embracing such technology. These issues include consumer data privacy and the rights of publicity.
Continue Reading INTEGRATING TECHNOLOGY INTO FASHION STORES BEYOND THE BRICKS AND MORTAR

By Roberto Valenti

The new Italian Patent Box: an interesting measure for the fashion industry

The Italian Parliament recently approved the so called Stability Law 2015, a bill containing a number of measures aimed at revitalizing the Italian economy and boosting growth in the system, including the so-called patent box, a tax incentive designed to encourage companies to profit from their patents by reducing the tax paid on those profits.


Continue Reading BUSINESS ROUND-UP

By Iyanka Zdravkova and Julie De Bruyn

In a recent judgment concerning a dispute between Jean Cassegrain S.A.S (Longchamp) and a Belgian reseller of leather handbags, the Court of Appeal of Ghent denied copyright protection to Jean Cassegrain’s handbag “Le Pliage,” serial number 1623, created and commercialized since 1993.


Continue Reading BELGIUM: NEW DEVELOPMENTS IN THE FRAMEWORK OF THE COPYRIGHT PROTECTION OF HANDBAGS

By Carol Umhoefer

By now, everyone has heard of the draft EU Data Protection Regulation that is expected to replace the current Data Protection Directive, which dates from 1995.  The key innovative provisions in the Regulation will significantly affect online fashion retailers by widening the territorial scope of EU data protection laws.  Bricks-and-mortar fashion retailers in the EU, who are already subject to the Directive, will also feel the impact of the Regulation in many ways, including a new obligation to appoint a Data Protection Officer.


Continue Reading RETAILERS NEED TO PREPARE FOR THE NEW EU DATA PROTECTION REGULATION