Category Archives: Enforcement of Fashion Laws

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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 … Continue Reading

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 … Continue Reading

In-FUR-mation Update: New FTC Enforcement Policy for Retailers

Fur was a number one pick this winter season, as seen in magazine editorials, designer ads and fashion shows, showcasing its popularity in collections around the world. Whether jacket, purse, parka or boots, the Federal Trade Commission (“FTC”) mandates that all fur products within its jurisdiction comply with the labeling requirements under the Fur Products … Continue Reading

FCPA Compliance Considerations for the Fashion and Beauty Industry

In recent years, the U.S. government has vigorously enforced the Foreign Corrupt Practices Act ("FCPA") against individuals and companies representing a variety of industries. Recent press reports suggest that entertainment companies may be the target of current SEC enforcement efforts, and the government is in the midst of a long-running investigation of Avon Products, Inc. … Continue Reading

Men, Makeup and Drugs

Men’s grooming and beauty products, namely cosmetics for men, continue to experience yearly growth. The forecasts of one research firm predict that sales of men’s toiletries will hit $3.2 billion by 2016, up from $2.2 billion in 2006. Sales of men’s skin care products like facial cleansers, moisturizers and exfoliants grew more than fivefold from … Continue Reading

Court Denies Louboutin Preliminary Injunction: Holds Fashion Blind to Single Color Marks

On August 10, 2011, Judge Victor Marrero denied Christian Louboutin S.A.’s motion for a preliminary injunction to enforce its U.S. trademark (Registration No. 3,361,597) for "lacquered red soles on footwear" covering "Women’s High Fashion Designer Footwear" in International Class 25. The Court held that "[b]ecause in the fashion industry color serves ornamental and aesthetic functions vital to … Continue Reading

USDA Gives OK for “Organic” Labeling for Third-Party Certified Textiles; National Organic Program Policy Clarified

On May 20, 2011, the United States Department of Agriculture’s National Organic Program ("NOP") issued a Policy Memorandum (PM-11-14) addressing the labeling of textile products containing organic ingredients (such as organic cotton, wool or linen fabrics). The new policy supersedes the July 2008 NOP fact sheet entitled "Labeling of Textiles Under National Organic Program (NOP) Regulations." … Continue Reading

Oops They Did It Again! Lead Testing Requirements Under Consumer Product Safety Improvement Act Stayed Until The End Of 2011

The Consumer Product Safety Commission (“CPSC”) recently issued a notice announcing a revision to the terms of the stay of enforcement of the stringent certification and testing requirements under section 14 of the Consumer Product Safety Improvement Act (“CPSIA”). With regard to testing and certification of the total lead content in children’s products, except for metal … Continue Reading

The Ninth Circuit’s Holding in Levi Strauss v. Abercrombie & Fitch – “Degree of Similarity” Is But One of Six TDRA Factors, Not the Threshold Test — Marks An Important Decision Elucidating The Proper Dilution Standard

On Monday, February 8, 2011, the Ninth Circuit reversed the United States District Court for the Northern District of California, which had held that Levi Strauss failed to establish by a preponderance of evidence that Abercrombie & Fitch’s Ruehl pocket stitching design is likely to cause dilution by blurring of Levi Strauss’ famous Arcuate pocket … Continue Reading

China Ends an Era of Special Tax Treatments for Foreign Companies and Individuals

Beginning December 1, 2010, foreign-invested enterprises, foreign enterprises, and foreign individuals are now required to pay the city maintenance and construction tax as well as the education surcharge, from which these entities and individuals were formerly exempt. Prior to this regulation, the PRC levied those taxes only on Chinese-owned and funded enterprises and Chinese citizens.  … Continue Reading

The Supreme Court Affirms Omega, S.A. v. Costco Wholesale Corp., Limiting The Use Of The First Sale Doctrine To Domestically Made U.S.-Copyrighted Works

On December 13, 2010, the Supreme Court affirmed Omega, S.A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008), aff’d per curiam, No. 08-1423 (U.S. Dec. 13, 2010). Justice Kagan did not partake in the consideration or decision in this case.  Costco Wholesale Corp. v. Omega, S.A., No. 08-1423 (U.S. Dec. 13, 2010) (per curiam) … Continue Reading

The Innovative Design Protection and Privacy Prevention Act: Will Design Protection Be In Vogue in Congress?

On August 6, 2010 Senator Charles Schumer (D-NY), introduced a bill entitled the Innovative Design Protection and Piracy Prevention Act ("IDPPPA") (S. 3728), which represents a compromise between the American Apparel & Footwear Association ("AAFA") and the Council of Fashion Designers of America ("CFDA") in an effort to afford protection to American designers for new … Continue Reading

Gucci’s Attempt to Extend Trademark Infringement Liability to Credit Card Merchant Service Providers Survives Motion to Dismiss

Judge Harold Baer in Gucci America, Inc. v. Frontline Processing Corp., No. 09 Civ. 6925 (HB), 2010 WL 2541367 (S.D.N.Y. June 23, 2010), ruled that Gucci had sufficiently alleged facts to defeat a motion to dismiss in a suit brought against three defendant credit card merchant service providers for trademark infringement. The litigation stems out of … Continue Reading

International Luxury Brands May Face Product Quality Enforcement In China

China celebrated its Customer Right Protection Day on March 15, 2010. The Administration for Industry and Commerce of Zhejiang province (the “Zhejiang AIC”) issued penalty decisions to several well-known international luxury brands such as Hermes, Hugo Boss, Dolce & Gabbana, Paul & Shark, Trussardi, Tommy Hilfiger and Versace based upon routine quality examinations which found … Continue Reading

Testing Requirements Under Consumer Product Safety Improvement Act Stayed For Additional Year to February 10, 2011

On Friday, December 18, 2009, the Consumer Product Safety Commission ("CPSC")  issued a notice announcing a revision to the terms of the stay of enforcement of the stringent certification and testing requirements under the Consumer Product Safety Improvement Act ("CPSIA"). With regard to testing and certifying children’s products for compliance with phthalate levels, the stay is … Continue Reading

Court Challenge to Maine’s New Marketing Law Fails

On September 9, 2009, a federal judge in Maine agreed with retailers, marketers, and media companies that the recently enacted Maine law "An Act To Prevent Predatory Marketing Practices Against Minors" is likely unconstitutional. Nonetheless, the judge dismissed the challenge to the Act on the ground that the state Attorney General does not intend to enforce it.  … Continue Reading

Consumer Products Safety Commission Defers CPSIA Testing Requirements One Year

In response to widespread criticism that the original deadline of February 10, 2009 set an unrealistic timetable for compliance, the Consumer Products Safety Commission deferred the deadline for companies to test children’s products for lead content for one year.  Lawmakers plan to introduce legislation exempting some small businesses from CPSIA and requiring the Commission to … Continue Reading

Crimes of Fashion

The LAPD and the Los Angeles County Sheriff’s Department coordinated the largest raid ever on the Santee Alley downtown LA shopping district in late 2007, confiscating $8 million in counterfeit goods and arresting 26 people.  Among the confiscated merchandise were designs copied from labels such as Prada, Rolex, Fendi and Gucci.  The LAPD wants to … Continue Reading

Authorities Clearing The Air In The Counterfeit Fragrance Market

A drive past the corner shops of downtown Los Angeles or Manhattan will give anyone an idea of how flagrant counterfeiters of fragrances can be, and how necessary enforcement has become.  Unlike counterfeit handbags or apparel, fake perfume is applied to the skin and poses a special health risk to consumers, since some counterfeit fragrances … Continue Reading
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