Category Archives: Enforcement of Fashion Laws

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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

Fur Labeling Violations Dog The Clothing Industry

Recent discoveries of unlabeled real fur from raccoon dogs used in garments have spurred discussions surrounding proper labeling methods of fur coats.  According to the Humane Society of United States, the unlabeled faux fur found on jackets sold by DKNY, Rocawear, Baby Phat, Sean John and by retailers like Macy’s and J.C. Penney is actually … Continue Reading

Cosmetic Testing Gets a Fur Friendly Makeover

With the aid of consumer demand and legislative action, the cosmetic industry seems poised to undergo its own makeover in the near future.  Cosmetic manufacturers have long faced the angst of animal welfare groups protesting the use of animals to test the potential health risks of cosmetics and their ingredients.  Cosmetic manufacturers have responded to … Continue Reading

Labeling Mistakes Prove Costly for Clothing Manufacturers

Wool, textile and fur garment importers, sellers, distributors and advertisers may think labels are just a small detail on their products, but the Federal Trade Commission (FTC) disagrees.  The FTC has established specific labeling guidelines which require most textile, wool and fur products to contain labels that show care instructions, the fiber content, the country … Continue Reading

“Conscious” Fashion

Within the textile industry, pollution is known to be an issue, because textile production involves a number of processes that may use pesticides and chemicals. However, one of this year’s hottest fashion trends is going “green”. Organic shirts and pants can be found in mainstream retail stores. Design companies are using organic cotton for their … Continue Reading
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