“Going Native”

Native advertisements represent not only an increasingly popular and effective means of promotion for marketers, it also represents a massive headache for the Federal Trade Commission (“FTC”).  Native advertising, also known as corporate content or branded journalism, is marketing material that is designed to mimic the look and feel of the host website. While the look of native advertisements differs depending on the host website, the underlying goal for marketers is the same – make the advertisement look and feel like editorial content.

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Crisis Management in the Fashion and Retail Industry

Program Co-chairs: Ted Max and Bob Darwell

Enjoy a front row seat as a fictional corporation confronts a fashion industry crisis ripped from the headlines – a massive cyber security breach and its fallout. Participate in the problem solving discussions with industry experts from the US, European Community and South America as the events unfold. You will receive practical advice on crisis communications, privacy law and litigation strategy.

This will be a Sheppard Mullin Fashion Week event that you will not want to miss.

Click here to read more and register.

Fashion Documentaries: A Fashion Do

Since the first major fashion documentary featuring designer Isaac Mizrahi, “Unzipped,” made its debut in 1995, the popularity of fashion documentaries has only gained traction.  Within the past five years, a smattering of renowned brands, including Marc Jacobs, Louis Vuitton, and Valentino, as well as some fixtures in fashion like Anna Wintour and Diana Vreeland, have allowed cameras to capture their exclusive world of fashion through their respective documentaries.  More recently, James Franco, the former face of Gucci, steered his production company toward a collaboration with Gucci’s creative director Frida Giannini, creating the documentary entitled “The Director: An Evolution in Three Acts.”  The film, which debuted last spring at the Tribeca Film Festival, documented how a Gucci collection comes together.  Even retailers are following suit, with documentaries such as director Matthew Miele’s “Scatter My Ashes at Bergdorf Goodman,” which features the history of New York’s famous luxury department store, making their way to audiences.

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FTC Approves Consent Order Regarding “Made in USA” False Claims

Under the Federal Trade Commission’s 1997 Enforcement Policy Statement on U.S. Origin Claims, in order to say a product is made in the USA, “all or virtually all” of the product has to be U.S.-made.  All significant parts and processing must be of U.S. origin, and the product should contain no — or negligible — foreign content.

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The New Catwalk Experience: New York Tightens Laws for Underage Models

Last week, New York toughened its child labor law protections for models under the age of 18 by passing New York Senate Bill No. 5486. Signed by Governor Andrew Cuomo, the law is set to go into effect within the next month and will significantly impact designers in preparing for New York Fashion Week 2014. The law will be enforced by the Department of Labor and expands the definition of child performers to include the services of runway and print models. The underage models will now be governed by the same labor protections afforded to child actors (see prior blog article here).

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Garbo Would Be Happy: “Do Not Track Bill” Signed Into Law

Greta Garbo, as Grusinskaya in Grand Hotel, was famous for saying: “I want to be alone, I just want to be alone.” On Friday September 27, 2013, Governor Jerry Brown signed A.B. 370, which requires an operator of a website or online services that collects “personally identifiable information” to disclose how it responds to “do not track” signals. Companies operating commercial websites and online services will likely need to update their privacy policies to comply with new requirements in California as the result of the amendment of the California Online Privacy Protection Act (“CalOPPA”).

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DOMA goes down – Copyright goes up – U.S. v. Windsor, Supreme Court, No. 12-307, decided June 26, 2013

The Supreme Court handed down a far reaching decision throwing out an attempt by Congress to deny the benefits conferred by federal law on same sex couples legally married under state law holding that the Defense of Marriage Act (“DOMA”), as so applied, constituted a deprivation of the equal liberty of persons protected by the Fifth Amendment. In so doing, and perhaps without realizing it, the Supreme Court was also writing an important copyright case.

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New York Law Requires Chaperones and Certificates on the Catwalk: A New Era In Modeling?

Both houses of the New York State Legislature unanimously passed a bill on June 12, 2013, that should impact significantly the New York fashion modeling industry. The bill, once signed into law by Governor Andrew Cuomo, would amend the Labor Law and Arts and Cultural Affairs law that currently regulate the employment and education of child performers to include runway and print models.

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Four Wheel Fashion

If you’ve ever wondered what the “lifestyle” of a Porsche driver looks like, look no further than Porsche Design’s latest fashion catalog. Twenty-three glossy pages of sleek leather jackets, modern business blazers, and retro-futuristic day-to-evening wear attempt to define what Porsche drivers look like, what they wear, and what they do in their free time. Porsche is selling more than just a vehicle—Porsche is selling a lifestyle.

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Hashtagging Away Your Rights: Privacy and Publicity Rights in Social Media

The fashion industry is finally loosening its buttons—several decades and a few billion dollars in advertising later, retailers are moving away from using high-priced models and exotic locations to lure customers. Instead, many brands are promoting their designs by relying on every day images of existing customers wearing their products. Consumers- specifically, young women- are flaunting their personal style through social media platforms and retailers are embracing this outlet as a means of engaging customers. Recently, a Wall Street Journal article [1] highlighted this new phenomenon, explaining that retailers’ “embrace of real-people photos feeds the needs of young consumers for connection.” Candid street style is quickly becoming professionally-styled advertising’s more popular younger sister, and retailers are adjusting their business strategies to catch up with consumer behavior.

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