The Fashion Law

Court Says UGG Boot Designs Are Generic in Dupes Dispute UGG’s efforts to claim exclusive rights in boot designs are at the center of a closely watched case over dupes.

A federal court has ruled that two of UGG’s designs are too generic to qualify for trade dress protection. www.thefashionlaw.com/court-says-u...

Farfetch Execs Beat Investors’ Securities Fraud Lawsuit A federal judge has tossed out a securities fraud lawsuit against former Farfetch executives in its entirety.

A New York federal judge has dismissed a closely-watched securities fraud lawsuit against former Farfetch execs. www.thefashionlaw.com/farfetch-exe...

Shein Sidesteps Temu’s Monopoly, Trade Secret Claims in Court Shein has sidestepped key monopolization and misappropriation claims waged against it in U.S. federal court by its closest rival, Temu.

Shein has beaten key claims waged against it by ultra-fast fashion rival Temu. www.thefashionlaw.com/tl-dr-shein-...

Pop Mart Raises the Stakes in 7-Eleven "Counterfeit" Labubu Clash Pop Mart is upping the ante in its attempt to crack down on “counterfeit” Labubu toys allegedly being sold in 7-Eleven outposts.

Pop Mart is upping the ante in its attempt to crack down on “counterfeit” Labubu toys allegedly being sold in 7-Eleven outposts. www.thefashionlaw.com/pop-mart-rai...

Louis Vuitton Nabs $584M Damages Award in Counterfeits Case Louis Vuitton has secured an eye-watering damages award in its ongoing battle against the sale of counterfeits.

Louis Vuitton has secured an eye-watering damages award in its ongoing battle against fakes. www.thefashionlaw.com/louis-vuitto...

NikeSKIMS: The Business & Legal Architecture Behind the Brand With NikeSKIMS, the companies aim to deliver what they claim that no other label currently can, “a new aesthetic and system of dress."

NikeSKIMS is here. So, what does it look like behind the scenes? www.thefashionlaw.com/nikeskims-th...

Chanel Beats Out “JNANEL” Trademark in EUIPO Clash In a newly-issued decision, the Opposition Division also held that the CHANEL trademark is distinctive to a “normal degree”.

Chanel has prevailed before the EUIPO in blocking an attempt to register the mark “JNANEL." www.thefashionlaw.com/chanel-beats...

Court Sends Revolve Influencer Ad Lawsuit to Arbitration The influencer marketing model used by Revolve is at the center of a consumer lawsuit that will be resolved behind closed doors.

Revolve won an early victory in a proposed class action accusing it of failing to disclose influencer ads. www.thefashionlaw.com/revolve-nabs...

French Court Confirms Heavy Penalties in Louboutin Fakes Case Siding with Louboutin, the Cour de cassation’s decision affirms an earlier order from Paris Court of Appeal in the case over fakes.

France’s highest court signaled the heavy sanctions come with the prosecution of counterfeit activity. www.thefashionlaw.com/french-court...

Hermès Beats Antitrust Case Over Alleged Birkin Bag Scheme A California federal judge has dismissed – with prejudice – a closely watched antitrust lawsuit accusing Hermès of anti competition.

Hermès has beaten an antitrust lawsuit accusing it of conditioning the sale of Birkin bags on purchases of other Hermès products. www.thefashionlaw.com/hermes-beats...

What a UK Case Means for Dupes and Luxury’s Legal Playbook Dupes often succeed not by tricking buyers at checkout, but by mimicking the overall look of well-known goods.

For fashion and luxury brands, where status and recognition are as important as product function, the post-sale encounter is the true battleground. www.thefashionlaw.com/what-a-uk-ca...

WWD & Rolling Stone owner PMC is waging competition claims against Google over its AI-generated search feature. www.thefashionlaw.com/wwd-rolling-...

Europe Cracks Down on Fashion Waste With New Law Europe is rewriting the rules of fashion waste with a landmark law that takes aim and high fashion and fast fashion, alike.

European Parliament signed off on a landmark law to slash textile waste. www.thefashionlaw.com/europe-crack...

Doctrine of foreign equivalents, cert petition edition:

Behind Aldi’s U.S. Expansion is a Robust Dupes-Centric Strategy Dupes – or more specifically for Aldi, private-label products designed to closely resemble well-known brands - are central to its strategy.

As Aldi aims to dominate the U.S. market, its growth is being fueled, in part, by cheap “dupes." www.thefashionlaw.com/behind-aldis...

A Fight Over Vetements' Name Lands Before the Supreme Court In its August petition for certiorari, Vetements characterizes the decision as outdated and at odds with trademark law’s core principle.

Vetements is taking a fight over its name all the way to the Supreme Court. www.thefashionlaw.com/vetements-ta...

ALO Under Fire as Star Instructor Sues for Alleged Discrimination A new lawsuit filed in California state court claims that ALO yoga's public values about "mindfullness" are a façade.

Briohny Smyth claims that after she turned 40, she began to face wage cuts, reduced bonuses & fewer opportunities from Alo. www.thefashionlaw.com/alo-under-fi...

We’re excited to announce BRAND FORWARD, our inaugural event this fall in New York City. Register your interest today. www.thefashionlaw.com/conference/

How Misspelled Brand Names Shape Consumer Perceptions A new peer-reviewed paper published in the Journal of Consumer Research found that using misspelled brand names can work.

For marketers and brand strategists, the takeaway from a new report is that brand name misspellings *can* work. www.thefashionlaw.com/the-art-of-m...

The Business of Taylor Swift: The Blueprint Behind the Brand Taylor Swift announced some early details about her next album, a cultural moment and a choreographed exercise in brand building and control.

Taylor Swift is not simply protecting her music but is seeking ownership over the entire ecosystem of her brand. www.thefashionlaw.com/the-business...

Policing Brand Trump: Inside the Crackdown on Counterfeit Merch A new lawsuit filed by the Trump Organization sheds light on the sheer scope of the Trump-branded merch machine – and the appeal of the brand.

The Trump Organization has built a robust retail operation around Donald’s presidency. Now copycat TRUMP merch is flooding the market. www.thefashionlaw.com/policing-bra...

Richemont Takes on Cartier, Van Cleef & Arpels Superfakes Not a run of the mill counterfeits case. Richemont is targeting the upper tier of the counterfeit market – the so-called “superfake” goods.

A slew of expensive counterfeits being sold by a New York-based jeweler are not just infringing, they are directly competing with the originals, Richemont argues in a new lawsuit. www.thefashionlaw.com/richemont-ta...

Watches of Switzerland, Former Creative Director Clash Over Ads A high-profile dispute has erupted between Watches of Switzerland and its former creative director over watch-centric photos and videos.

Watches of Switzerland & its former creative director are locked in a legal battle over ownership of 800+ luxury marketing ads. www.thefashionlaw.com/watches-of-s...

Fashion Law Fundamentals - The Fashion Law Join us for a virtual education program covering the essentials of fashion law, featuring expert speakers and practical resources designed to educate the next generation of retail lawyers.

For a dive into upcycling and customization (among other issues), join us for our inaugural Fashion Law Fundamentals program this weekend ... www.thefashionlaw.com/fundamentals/

Fashion Law Fundamentals is a certificate program dedicated to helping you build a foundation in retail law and business. Join us on Saturday. thefashionlaw.com/fundamentals/

Chanel Sued Over Makeup Try-On Tool as Tech Battles Grow As virtual try-on tool tech becomes increasingly common in e-commerce, lawsuits are plaguing some of retail’s biggest names.

Chanel is facing a new lawsuit from a AR tech co., which claims that Chanel’s “Virtual Try-On” infringes its patented tech. www.thefashionlaw.com/chanel-sued-...

Fashion Law Fundamentals - The Fashion Law Join us for a virtual education program covering the essentials of fashion law, featuring expert speakers and practical resources designed to educate the next generation of retail lawyers.

For a dive into upcycling and customization (among other issues), join us for our inaugural Fashion Law Fundamentals program this weekend ... www.thefashionlaw.com/fundamentals/

What Happened to the "Boatkin" Bag? The latest handbag to test the boundary between homage and infringement? A $1,600 upcycled tote called the “Boatkin."

The latest handbag to test the boundary between homage & infringement? A $1,600 upcycled tote called the “Boatkin." thefashionlaw.com/what-happene...

7-Eleven Accused of Selling Fake LABUBU Figures in New Lawsuit 7-Eleven, Inc. and eight of its California franchisees are being accused of selling fake versions of its cult-favorite LABUBU figures.

LABUBU’s meteoric rise is forcing POP MART to face off against a wave of counterfeits targeting the wide-eyed, bunny-eared, 9-toothed toy. www.thefashionlaw.com/7-eleven-acc...

How Dupes Took Hold of the Market Dupes have evolved from niche drugstore alternatives into a mainstream commercial force, driven by social media and changing consumers.

In a market where consumers reward the look rather than the label, even the most robust brand narratives are not a defense against dupes. www.thefashionlaw.com/from-consume...