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, are generally not afforded copyright protection, and a plaintiff seeking recourse for misappropriation would need to look to trademark and … Continue Reading
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 … Continue Reading
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
By Giulio Coraggio (Milan) According to an SAP report, The Internet of Things (IoT) will generate US$329 billion of revenue in the retail sector by 2018. But such massive growth comes along with legal issues concerning privacy and cybersecurity, as well as product liability.… Continue Reading
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 … Continue Reading
By Maurizio Redondi A new law in Italy allows the parties to a lease agreement to avoid the onerous statutory provisions law no. 392/78 (the “Tenancy Law”).… Continue Reading
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
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 … Continue Reading
By Bartolome Martin Fashion is about innovation and flair. But to a great extent it is also about the ability to anticipate customer tastes and needs.… Continue Reading
By Robert Russell and Peter Manley PROTECTING YOUR BUSINESS FROM YOUR CUSTOMER’S INSOLVENCY In the second article in our series on risk and opportunity in the fashion retail sector, Rob Russell and Peter Manley assess one of the most prominent areas of risk for suppliers − the insolvency of a trade customer/ retailer. We identify the … Continue Reading
By Edward Chatterton and Elizabeth Wong Fashion brand owners entering China are generally well aware of the myriad of brand protection challenges awaiting them. One such challenge is China’s rigid first-to-file trademark system which is blamed for the problem of brand piracy in China, where unrelated third parties register trademarks which are copies or imitations … Continue Reading
Reposted from Law A La Mode By: Robert Russell and Kerry Barnard Opportunity Arises Out of Adversity The recent global financial crisis has seen consumers tighten their belts and the retail industry as a whole has faced increasing pressure. Profits warnings have peppered the financial pages and fashion retailers, in both the budget and luxury sectors, … Continue Reading
Repost from LAW À LA MODE, Issue 13 – April 2014 By Robert Russell and Peter Manley (Manchester) In this article on the changing landscape of UK fashion retail, we consider the challenges and changes faced by the industry and comment on the opportunities available for existing players and potential new entrants to the market.… Continue Reading
Repost from LAW À LA MODE, Issue 13 – April 2014 By Ann K. Ford and James “Bink” Stewart (Washington D.C.) The rise in popularity of social networking websites and blogs has extended the reach of a single consumer’s opinion about a brand or its products or services. In fact, prior to purchasing goods or … Continue Reading
By Carol A.F. Umhoefer and Caroline Chance The year 2014 is being hailed as the year of wearable technologies. Wearables captured significant attention at January’s International Consumer Electronics Show in Las Vegas, and hundreds of new products are expected to be released over the next 12 months. Analysts predict that the wearables market is set … Continue Reading
DLA Piper’s Fashion, Retail, and Design Group is pleased to present Law à la Mode, a quarterly legal magazine distributed to industry clients and friends around the world-from high street retailers and department stores to luxury brands. Click here to read the latest issue. Our Fashion, Retail, and Design Group comprises DLA Piper lawyers from across … Continue Reading
The Fashion, Retail and Design team of DLA Piper is delighted to invite you to: #FASHIONLINE Fashion bloggers, e-commerce & wearable technologies A conference organized in cooperation with Borsa Italiana (Italian Stock Exchange). DLA Piper professionals from Europe, the United States, and Asia will share insights on the specific legal aspects when dealing with technologies, … Continue Reading
The DLA Piper Fashion, Retail and Design group distributed the 11th edition of “Law à la Mode” to over 1000 clients. Special thanks to all who contributed to this edition, especially the U.S. Editorial Team, which consisted of Ann Ford, Gina Durham, Tamar Duvdevani, Radiance Harris, Kiran Gore, Melissa Reinckens, and Airina Rodrigues. Please click … Continue Reading
Reposted from DLA Piper’s IPT Italy Blog. By Gianluigi Marino We dedicated this week to fashion and IPT (intellectual property and technology) issues. After wearable technologies, special rules for foreign franchisors in Italy, 3D Printers à la mode, social media and fashion this IPT catwalk goes on with some lines regarding fashion and e-commerce. The … Continue Reading
Reposted from DLA Piper’s IPT Italy Blog. By Sara Balice After having debated about wearable technologies, special rules for foreign franchisors in Italy and 3D Printers à la mode, in this fourth post of the fashion-dedicated series, celebrating the Milan fashion week, we will discuss about the new frontier of the fashion industry marketing communication: … Continue Reading
Reposted from DLA Piper’s IPT Italy Blog. By Gualtiero Dragotti As part of the series of posts on fashion related topics, we previously discussed about wearable technologies and franchising agreements while in this post we would better focus on an issue already touched in this previous post i.e. the issues originated by the friction between … Continue Reading
Reposted from DLA Piper’s IPT Italy Blog. By Stefania Baldazzi As part of the series of posts on the most relevant legal matters affecting the fashion industry, we discussed about wearable technologies and privacy while in this post we want to cover the issue of franchising agreements that are one the most common contractual arrangements … Continue Reading
Reposted from DLA Piper’s IPT Italy Blog. By Giulio Coraggio Living in one of the world fashion capitals and with the upcoming Milan fashion week, we thought it might be of interest covering some of the top current legal issues impacting the fashion sector. This is the first post of a series of posts of … Continue Reading
