On July 29, 2009, the Federal Trade Commission announced it will delay enforcement of the new "Red Flags Rule" from August 1, 2009 to October 1, 2009, to give creditors and financial institutions more time to develop and implement written identity theft prevention programs.
Continue Reading...On June 19, 2009, in Zino Davidoff SA v. CVS Corp., the Second Circuit enjoined CVS, a national retail chain, from removing unique production codes ("UPC") from Davidoff product packaging for its "Cool Water" fragrances on the grounds of trademark infringement.[1] Davidoff, a high end luxury brand, imprints a unique UPC on every product for quality control purposes and to protect against diversion and counterfeiting. The code contains basic information about each product unit, including "where and when it was produced, ingredients used, and distribution path."[2] The UPC code ordinarily is used to track goods that are sold to and by unlicensed distributors. The Davidoff UPC also allows Davidoff to spot defects easily and swiftly recall or remove products from the market when such defects are noted. The UPC is used to protect the reputation of the brand and its trademarks.
Continue Reading...Not all diamonds are a girl’s best friend. Conflict diamonds, for instance, are considered more of a rebel’s best friend. Also known as “blood diamonds,” conflict diamonds are linked to rebel forces and factions opposed to legitimate governments, and are used to fund military opposition to those governments. The international diamond community, including the U.S., has expressed zero tolerance towards such diamonds and has sought to regulate the rough diamond trade to assure consumers that their purchases are not used to finance overseas wars and rebel movements. Further, U.S. diamond retailers can assist these efforts by keeping informed of the various diamond distribution laws and by effectively implementing self-regulating retail policies that will help curtail illegal trade.
From Sgt. Pepper's psychedelic costumes to Run DMC's love of Adidas and Kanye West's shutter shades, fashion and music have visibly influenced one another for decades. The global recession has only strengthened this bond by leading fashion brands to take on roles once exclusively reserved for major record labels. As a result, labels and artists have begun to view fashion brands as a lucrative and logical business partner while brands' increasing ability to work with musicians has allowed them new and unique means of attracting customers, increasing consumer goodwill, and maintaining their distinctiveness.
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On June 17, 2009, Judge Laura Taylor Swain of the Southern District of New York dismissed the copyright claims of jeans maker Do Denim against rival manufacturer Fried Denim Inc., holding that the mere filing of the copyright applications, fees and deposits did not satisfy the jurisdictional requirement that a copyright be registered before a lawsuit is initiated. Do Denim v. Fried Denim, No. 08Civ.10947, 2009 U.S. Dist. LEXIS 51512, at *7 (S.D.N.Y. June 17, 2009). This decision highlights the importance of copyright registration, as a jurisdictional prerequisite for plaintiffs hoping to protect their designs.
Continue Reading...Some fashionistas are trying to revive L.A. fashion week, while others say runway shows are pass? Several dozen members of Los Angeles’s fashion elite gathered recently on the rooftop of the hip Hotel Erwin on Venice Beach. Their issue of concern: the cancellation of the city’s fashion week in March.
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