Trends May Come and Go, But Personal Name Trademarks Are Here to Stay

From Coco Chanel to Zac Posen, many fashion designers' personal names (and personalities) have become synonymous with the fashion houses they represent. Anything associated with a famous designer's name often becomes more coveted due to the reputation, history, and recognition that the designer carefully built around it over time. As a result, designers' personal name trademarks often become their most valuable assets. The Joseph Abboud case illustrates some of the issues associated with selling, assigning, or licensing all of a designer's names and trademarks to someone else, and designers should take note of its implications. 
 

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Disclaiming Beauty in a Jar: FDA and FTC Regulation of Cosmeceutical Performance Claims

Diminish fine lines.” “Regenerate your skin.” “Stimulate cell renewal.” These days, a number of cosmetic products claim to do more than just hide blemishes. Rather, they promise “age-defying” results with ingredients that influence and enhance the skin’s biological function. These products, aptly termed “cosmeceuticals,” are a hybrid between cosmetics and pharmaceuticals. For instance, while cosmeceuticals are applied topically as cosmetics, they also contain pharmaceutical ingredients such as alpha and beta-hydroxy acids, copper peptides, or retinoids. And accordingly, behind each active ingredient lies an even more active product claim.

With cosmeceutical performance claims becoming more daring, and with cosmeceutical sales soaring in the billions, federal legislation is making sure that cosmeceutical manufacturers and advertisers are putting their money where their mouth is.
 

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Minority Investments in Couture, the Fashionable Trend of Private Equities

Reduced retail revenue and omnipresent debt is causing many fashion companies to tremble in their stilettos; particularly as they watch their stock take a pounding on the market. Conspicuous spending tends to lose its luster as the market plummets and the fashion and luxury sector is being heavily penalized during this economic downturn. A quick recovery seems unlikely as analysts predict luxury revenues will drop in 2009 for the first time in more than a decade at constant exchange rates. Lowered valuations and slipping stock prices in the luxury sector present ripe buying opportunities for the fashion savvy investor. Deal makers in the fashion field predict that minority investments in fashion companies will be a prevalent trend in 2009.
 

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