18 November 2013
By Gerald T. Hathaway
In August, we heard about the difficulties Oprah Winfrey encountered during an upscale shopping trip in Switzerland. It appears the issue hits quite a bit closer to home. In yesterday’s Women’s Wear Daily, there appeared an article pointing out that major New York retailers will be meeting on November 22, 2013 amidst allegations of racial profiling being used in the process of monitoring suspected shoplifters. The event is cohosted by the Retail Council of New York State and the New York Metropolitan Retailing Association and such prominent companies as Macy’s Inc., Barneys New York, Neiman Marcus Group, Lord & Taylor, Saks Inc. and Bloomingale’s are mentioned as having confirmed their participation.
15 November 2013
MS&K’s Su Ross and Colin Welch, President/COO of Financo, at the Fashion Industry Form. One of Colin’s take-a-ways was that in today’s market, multi-distribution points are key.
MS&K’s Pat Benson, Co-Chair of the Fashion Practice Group (center), speaks with Pooja Teckchandani (left), Senior Counsel of Nasty Gal Inc. at the Fashion Industry Forum. Pooja also addressed the role of social media in fashion and commented on the immediate feedback Nasty Gal receives from their customers as a result of social media.
MS&K’s Su Ross with Lonnie Kane, President of Karen Kane, Inc., at our Fashion Industry Forum held on November 14, 2013. Lonnie addressed the role of social media plays in sales especially the role of the company’s web site as well as the web sites of retailers that carry Karen Kane.
6 November 2013
By Brett Thomas
In AT&T Mobility v. Concepcion, the United States Supreme Court analyzed whether a court could refuse to enforce an arbitration agreement because the terms are “unconscionable,” meaning that one party did not have meaningful choice in negotiating the terms and the terms are unreasonably favorable to the other party. Concepcion held that, in the context of arbitration agreements in , the Federal Arbitration Act (FAA) prohibits courts from denying enforcement of an arbitration agreement on the grounds of unconscionability where the application interferes with the FAA’s objectives of: (1) enforcing arbitration agreements according to their terms; and (2) facilitating informal, efficient, and streamlined proceedings tailored to the type of dispute at issue.
17 October 2013
On Thursday, November 14, 2013, Mitchell Silberberg & Knupp’s Fashion Industry Practice Group, along with Financo, a Retail & Consumer Investment Bank committed solely to the Retail & Consumer sectors, will be hosting a breakfast seminar Fashion Industry Forum: How to Succeed in the New Economic Climate - Tips From Top Executives Who Have Made It Work.
We have secured a very distinguished panel of speakers: Colin Welch (President/COO of Financo), Cathy Taylor (CEO of Rocket Brands), Lonnie Kane (President of Karen Kane) and Pooja Teckchandani (Senior Counsel of Nasty Gal).
For more information or to register, contact email@example.com.
10 October 2013
By Naomi Straus
First red soles, now woven leather handbags. Trademark law is catching up to what aficionados have known for a long time—you don’t always need a logo to identify a fashion house’s signature pieces. Last week, the Trademark Trial and Appeal Board (“TTAB”) ruled that Bottega Veneta, an Italian fashion brand known for its supple leather handbags and understated luxury, is entitled to a trademark registration for its signature “weave design” for handbags and other accessories.
7 October 2013
On Saturday, October 5, 2013, Mitchell Silberberg & Knupp joined hands with Damsels in Design to host an informative Legal Workshop for Designers, Entrepreneurs & Aspiring Business Owners at our New York Office.
MS&K Attorneys, Paul Montclare, Joel Schoenfeld, Gerald Hathaway, Bradley Mullins, Susan Ross and Janice Luo, shared details about starting and managing your own business, and protecting your designs and your company. Topics of interest included: Why You Need a Lawyer; How to Form Your Company or LLC; Hiring Practices and Employment Issues; Trademarks; Copyrights and Protecting Your Brand; Importing and Exporting; and Current Developments in the Law.
This Legal Seminar was a great success and fantastic time was had by all! MS&K’s next Fashion Forum will take place in California on November 14 and will include tips from top executives in the area.
26 August 2013
By Michael E. Chait
For many designers, protecting the identities of sources for unique commodities, such as vintage or one-of-a-kind fabrics, is a key strategy to support product development and differentiation from their competitors. There are a few simple steps you can take to limit the chances that your secret source will be disclosed, and to put yourself in a position to take immediate and effective action if there is a leak.
5 August 2013
By Susan Kohn Ross
Luxury good knock-offs are a $225 Billion a year problem for the fashion industry. It has become so much of an issue that the New York City Council has introduced a bill that would punish the buyers of knock-off goods with a fine of up to $1,000 and up to a year in jail. Currently, “in France if you are caught not just purchasing, buying, but carrying a counterfeit anything you can go to jail and be fined up to €360,000,” said Valerie Salembier, former publisher of Harper’s Bazaar who now runs the nonprofit Authentics Foundation, and as first reported by Good Morning America.
2 August 2013
By Emily F. Evitt
Much has been written about the design of the blue polka-dot dress that Kate Middleton wore when she emerged from the hospital carrying baby Prince George. (See NY Times Fashion & Style) Less attention has been given to another recent design breakthrough in Britain – an intellectual property bill that passed through the House of Lords at the end of July. (It now proceeds to the House of Commons.)
1 August 2013
By Susan Kohn Ross
Here is a link to the July 19th statement by the U.S. Dept. of Labor, USTR and State Dept. about conditions expected of factories in Bangladesh –http://www.dol.gov/opa/media/press/ilab/ILAB20131494.htm.
Full implementation is necessary for Generalized System of Preferences benefits to be reinstated by the U.S. While not all products originating in Bangladesh will benefit from GSP’s duty free treatment, certainly major U.S. brand holders can be expected to insist many/most of these provisions be implemented before feeling their brands are adequately protected upon returning to Bangladesh to manufacture their products. GSP expired yesterday, July 31, 2013. A proposed for renewal is pending in Congress but one Member has a hold on it for reasons that are somewhat unclear.