Category Archives: Miscellaneous

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KISS MY APP: PrivacyStar™ App Helps Consumers File FTC Complaints

First Orion developed PrivacyStar™, a relatively new and increasingly popular smartphone app for the Android and Blackberry. The app’s main purpose is to block unwanted calls and text messages, and to provide Caller ID for unknown callers so subscribers may take appropriate action by adding the numbers to their Privacy List. The app also provides … Continue Reading

Comprenez-vous International Arbitration?

International arbitration is becoming the preferred method of resolving disputes in the fashion industry because international arbitration typically provides: (1) a private resolution so that the parties can still continue their business relationship in the future; (2) a neutral forum; (3) easy enforcement of the judgment throughout the world; and (4) a faster and cheaper … Continue Reading

Companies can Limit Exposure to Shareholder Litigation in Going Private Transactions

Shareholder lawsuits are practically inevitable in any going private transaction in today’s economic climate and under the current securities regulatory regime. Two major apparel companies, Gymboree and J. Crew, have recently gone private in very high profile transactions that have not unexpectedly spawned multiple shareholder lawsuits.  In connection with the proposed sale of J. Crew to … Continue Reading

New Law Integrates China’s Scattered Private International Law Rules For Foreign-Related Civil Relationships

On October 28, 2010, the Standing Committee of the National People’s Congress promulgated the “Law of the People’s Republic of China on the Application of Law for Foreign-related Civil Relationships” (the “Law”). It will become effective on April 1, 2011. Until now, China’s civil code had buried its choice-of-law provisions within the substantive laws, causing … Continue Reading

Fashion in the Classroom: The World’s First Fashion Law Institute Opens Its Doors

Fordham Law School has founded the world’s first Fashion Law Institute, marking a critical effort to advance the study and application of fashion law. The Institute, which officially launched September 8, 2010 during New York City’s renowned Fashion Week, will be the "primary nerve center" for all things fashion, ranging from the academic study of … Continue Reading

The New Way to Shop: Online Sample Sales for Luxury Brands

Online sample sales often mean less drama and less trampling than the average warehouse sale, but this may not be a good thing for luxury brands whose products are all about exclusivity and that "gotta have it now" sensation.  Therefore, when contracting with internet retailers, luxury brands may find it necessary to mandate certain protections from the retailer to maintain … Continue Reading

Martin Scorsese Directs Television Commercial to Promote Chanel’s Next Men’s Fragrance

WWD announced on February 16, 2010 that Chanel has continued its tradition of working with the world’s most prominent movie directors by announcing its collaboration with Academy Award winning director Martin Scorsese to direct the television commercial for its newest Men’s fragrance. The advertisements were filmed in New York and feature actor Gaspard Ulliel. Robert … Continue Reading

Congratulations on Costume Guild Wins!

Sheppard Mullin congratulates our clients and friends Janie Bryant and Doug Hall, who won awards for excellence in film and television at the 2010 Costume Guild Awards held February 25, 2010. Janie Bryant won for her work on the Mad Men television series and Doug Hall won the contemporary film award for his work on … Continue Reading

The Hottest Trend: Refinancing

For the fashion industry, one of the must-have, but hard to come by, items this season is a favorable refinancing deal. The recent volatility in the fashion market has reflected not just the ever-changing tastes of the cognoscenti, but also the rapidly shifting economic landscape confronting designers and retailers. The fashion industry has suffered acutely in the … Continue Reading

U.S. Diamond Retailers Can Help Ensure Conflict Diamonds Are Not a Girl’s Best Friend

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., … Continue Reading

Artists Shout “I’m with the Brand” as Fashion Labels Take on Role of Record Label

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 … Continue Reading

What Is the Jurisdictional Pre-Requisite for Copyright Litigation?: Do Denim v. Fried Denim

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 … Continue Reading

Ding-Dong!! Multi-level Marketing Plans Calling!!

Multi-level marketing plans ("MLMs"), also known as "network" or "matrix" marketing plans, can be an effective way for the "little guy" or the "entrepreneur" to achieve financial success in the cosmetics or apparel industry.[1] By promoting individual autonomy and embracing the concept that the independent sales person is the main driver of success, it’s no surprise … Continue Reading

EU Cosmetics Regulation Receives Welcome Facelift

Last month, the European Parliament approved new rules that will increase cosmetic safety and simplify regulatory procedures in the European Union. The legislation, which resulted from a compromise negotiation between Parliament and Council representatives, will take the form of a single regulation that applies to all member states simultaneously, and will replace the patchwork of 27 … Continue Reading

Fashion & Apparel Confab-ulous

Please join us for our upcoming  Fashion & Apparel Confab-ulous Networking Event When: June 9, 2009, 5:30 p.m. – 7:30 p.m. Where: Sheppard, Mullin, Richter & Hampton LLP 30 Rockefeller Plaza, Suite 2400, New York, NY 10012 Our Confabs are informal networking events where you can "meet and greet" your peers in the industry followed … Continue Reading

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 … Continue Reading

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