Shows
Fashion Law Network"Fuct'" Yeah! Success at the Supreme CourtThis episode features a very special guest, Erik Brunetti, founder of one of the most influential streetwear brands - Fuct. When Erik's trademark application for 'Fuct' was denied numerous times by the USPTO due allegedly being “scandalous and immoral,” he became impassioned and ended up taking his case all the way to the Supreme Court (alongside his attorney, John Sommers) winning the ultimate battle. Listen to his story here. Episode time stamps: (00:28) I provide a brief background and legal timeline of the Iancu v. Brunetti case, including audio clips from the oral argument of the Supr...
2025-05-3128 minFashion Law NetworkLuxury Shrink in Wake of Tariff TurmoilOn this episode I discuss the recently imposed tariffs on goods from abroad, including a detailed tariff timeline, the impact the tariffs may have on the luxury fashion sector, namely, how these tariffs are likely to increase the demand for secondhand luxury goods. At the end of the episode I provide a legal discussion and analysis on the recent update to the landmark secondhand luxury goods case Chanel v. What Goes Around Comes Around. Enjoy and thank you for listening! Episode Notes: Chanel, Inc. v. WGACA, LLC, 1:18-cv-02253 (SDNY)
2025-04-2722 minFashion Law NetworkLuxury Ski Fashion"Ski fashion" is one the season's hottest trends, even for brands that previously had no ties to winter sports. I discuss the top luxury ski fashion brands, with a focus on Moncler, and then provide a discussion and my legal analysis on a recent lawsuit Moncler filed against 175 online-store defendants for trademark infringement (Moncler S.p.A. v. abc2688793 et al. 1:23-cv-05378). Enjoy and thank you for listening!
2025-03-3023 minFashion Law NetworkDon't Copy My Social Media Aesthetic!This episode is all about influencers, social media aesthetics and the "first of it's kind" lawsuit centering on the scope of protection attached to a personalized social media aesthetic. Enjoy and thank you for listening! Episode Notes: Gifford v. Sheil, 1:24-cv-00423 (W.D. Tex.)
2025-02-2327 minFashion Law NetworkChloe's ComebackThis episode is all about the Chloe fashion house and it's recent comeback with the signature boho-chic style. I begin with a background of the Chloe fashion house and the Richemont luxury conglomerate which owns Chloe. Then I discuss some recent trademarks and patents owned by Chloe and I end the episode with a discussion of the French lawsuit Richemont v. Louis Vuitton which centers on the Alhambra (Richemont- owned Van Cleef & Arpels) jewelry design. Enjoy and thank you for listening!
2024-11-2822 minFashion Law NetworkFast Fashion is on FireThis episode is all about the fast fashion industry which is on fire, both literally and figuratively, due to its popularity and the associated negative environmental impacts. I begin the episode with a synopsis of the fast fashion landscape, focusing on Zara and then discuss a slew of new legislation aimed at fast fashion. I conclude the episode with an overview of lawsuits involving Zara. Enjoy and thank you for listening!
2024-10-2724 minFashion Law NetworkUnderconsumption CoreThis episode is all about the viral “underconsumption core” trend and how it relates to luxury fashion. I also discuss the most-wanted quiet luxury item, the Hermes Shadow Birkin and then provide an update and my legal analysis/discussion of the Hermes antitrust class action lawsuit filed in California In 2024. Enjoy and thank you for listening!
2024-09-2927 minFashion Law NetworkChanel Shake UpThis episode is all about the recent changes at the Chanel fashion house, namely, the parting ways of artistic director, Virginie Viard with the Chanel fashion house. I discuss employment law, private vs. public company rules/regulations in both the United States and France as they relate to the Chanel fashion house and then provide a history of Chanel at the end of the episode. Enjoy and thank you for listening!
2024-06-2321 minFashion Law NetworkCosy Sunday FashionThis is a special episode featuring Olga Florida, the founder of Swiss-based fashion line, Cosy Sunday.
The Cosy Sunday fashion line debuted at Milan Fashion Week in February of 2024 and is focused on sustainability. On this episode we discuss Olga's inspiration for the fashion line, the challenges she faced along the way and the importance of me time in our fast paced world. Enjoy and thank you for listening!
Episode Notes:
1. https://cosysunday.com
2024-05-3124 minFashion Law NetworkMeet Me by the FountainThis is a special episode featuring author, Alexandra Lange, who wrote one of my favorite books, Meet Me by the Fountain all about the inside history of shopping malls. We discuss our favorite mall architecture, current state of malls, future trends and much more! Enjoy and thank you for listening!
2024-04-2927 minFashion Law NetworkHermes Birkin Bag BarriersThis episode is all about Hermes and the recent antitrust class action lawsuit filed in California alleging that Hermes is engaging in anticompetitive activities relating to the sale of the Hermes Birkin handbags. I provide my legal analysis and discussion on the lawsuit which includes Hermes' alleged practice of requiring customers to spend thousand on ancillary products before obtaining an opportunity to purchase a Birkin bag.
Episode Notes:
1. Cavalleri v. Hermes, N.D. Cal., No. 3:24-cv-01707, 3/19/24.
2024-04-0129 minFashion Law Network#ChanelWinsThis episode is a deep dive into the recent legal battle that Chanel won against luxury reseller, What Goes Around Comes Around. I provide a timeline of the legal battle, my legal analysis of the recent jury trial and verdict (Chanel v. What Goes Around Comes Around) and a discussion on the future of the luxury reselling landscape. Enjoy and thank you for listening!
The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly...
2024-02-2927 minFashion Law NetworkBRBYThis episode is all about the Burberry fashion house. I begin with a brief history of the brand and then discuss patent and trademark law in relation to Burberry. I end the episode with my legal analysis and discussion of a trademark opposition involving Burberry Limited and Mattel's "Barbie" trademarks. Enjoy and thank you for listening.
The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwelllaw.com.
2024-01-3123 minFashion Law NetworkWho's the Fairest of Them All? Pt. 2Not Farfetch anymore! This episode is a follow up to my "Who's The Fairest of Them All" Pt. 1 episode when Farfetch was all the rage. How things have changed in a span of barely 2 years... listen to find out what happened to this former #1 ecommerce luxury online platform! I begin with a background of the Farfetch company, the recent events at the company and then I provide a legal discussion of a class action securities fraud lawsuit involving Farfetch. Enjoy and thank you for listenting.
2023-12-2921 minFashion Law NetworkLuxury SlumpThis episode is all about the recent news of various luxury fashion houses reporting a major sales slump- is the "luxury party" over?
I begin this episode with various fashion houses sales news with a focus on the largest luxury conglomerate, LVMH. Then I provide an in-depth legal discussion and analysis on three lawsuits that Gucci filed last week against Century 21, Lord&Taylor and Sam's Club. Enjoy and thank you for listening!
Episode Notes:
1.Forbes Article: https://www.forbes.com/sites/pamdanziger/2023/07/29/luxury-leaders-sales-drop-in-us-as--aspirational-consumers-put-new-purchases-on-hold/?sh=a7fbc8e415c3
1. Gu...
2023-11-2631 minFashion Law NetworkRed Bottom HatsThis is a special episode of the podcast series with a featured fashion guest, James Keith. James it the owner of the luxury accessories line, Keith James. His line rose to fame from his signature "red bottom" hats/fedoras for men and women and has now expanded into various other accessories. On this episode we discuss the concept of quiet luxury, trade dress trademark protection, James' fashion line, new book and much more. Enjoy and thank you for listening!
Episode Notes:
1. www.keithjames.com
2. Rich Mindset Book link: https://www...
2023-10-2920 minFashion Law NetworkChanel PremiereI am back with the first episode of Season 6! I begin this episode with some background history of the Chanel fashion house then discuss general patent law and analyze a few interesting recent patent and trademarks which are owned by Chanel. In the second half of the episode I discuss and analyze the many lawsuit filings Chanel has been busy with over the summer and at the end of episode I provides a few updates in the ongoing Chanel v. The RealReal lawsuit. Enjoy and thank you for listening!
Episode Notes:
1. Chanel, Inc. v. The RealReal 1:18-cv-10626 (S.D.N.Y.)
2...
2023-09-3033 min
Fashion Law NetworkI Like Those BalenciagasThis episode is all about the Balenciaga fashion house. I begin with a brief history of the fashion house, followed by a discussion of patent and trademark law in relation to Balenciaga and finally, I provide my legal analysis of two recent, interesting intellectual property-based lawsuits that the fashion house has been involved with. The first lawsuit I analyze is City Merchandise Inc., v. Balenciaga where a New York City souvenir company sued Balenciaga for copyright infringement for the design on their tote bags and the second lawsuit I discuss is CarFreshner Corp., v. Balenciaga where a car freshener company...
2023-08-2928 minFashion Law NetworkDrop Dead GorgeousThis episode is all about the world of beauty pageants with a legal spin. This episode features a very special guest, Caitlin Machol, a former Miss USA contestant and Miss Wisconsin titleholder. I begin the episode by providing some background information on the famous, Miss USA, Miss Universe and Miss America pageants, then I discuss and analyze a few lawsuits the organizations have been involved with. Finally, Caitlin provides lots of inside beauty pageant information such as the various fashion rules the contestants must adhere to, her story in competing in the Miss USA pageant, meeting Donald Trump and...
2023-05-3138 minFashion Law NetworkThe Rise and Fall of IntermixThis episode is all about the luxury multi-designer retail store, Intermix and their recent store closings. I begin the episode with a brief history of the Intermix company which begins in 1993, then I discuss the change in owners of the Intermix company including the acquisition by a private equity firm and a discussion of private equity firms and takeover implications. At the end of the episode, I provide my legal analysis and discussion of a recent lawsuit filed against the Intermix company. Enjoy and thank you for listening!
Episode Notes:
1. Bal Harbour...
2023-05-0128 minFashion Law NetworkParody or Infringement? No Laughing MatterThis episode is all about trademark parodies in the context of fashion law. I begin this episode with a brief background of trademark law and the parody defense, next I discuss a few intellectual property parody lawsuits involving Louis Vuitton (Louis Vuitton v. Haute Diggity Dog , Louis Vuitton v. My Other Bag , Louis Vuitton v. MGA Entertainment ). I conclude the episode by providing my legal analysis of the recent trademark parody lawsuit which made it all the way to the Supreme Court involving Jack Daniel's and a dog toy company. Enjoy and thank you for listening!
Episode Notes:
1. Louis Vuitton Malle...
2023-03-2725 minFashion Law NetworkIs Secondhand Luxury Still on Fire?The RealReal lit the fuse in the secondhand luxury market sector but is the fire dying down now? On this episode I discuss the current state of the secondhand luxury market including a brief background of unique The RealReal business model and provide my legal analysis and discussion of an interesting securities lawsuit that The RealReal was recently embroiled with. Thank you listening, enjoy!
Episode Notes:
1. Sanders v. RealReal Inc., 5:19-cv-07737 (N.D. Cal.)
2023-02-2721 minFashion Law NetworkLuxury AcquisitionsThis episode is all about the recent mergers and acquisitions in the luxury fashion space, namely, the Farfetch company and their acquisition of the Yoox-Net-a-Porter Group (YNAP). On this episode, I discuss the history and brief biography of the owner and founder of the Farfetch company and their business model along with other notable, recent luxury fashion house acquisitions. Finally, I discuss and analyze a recent trademark infringement lawsuit which Farfetch was embroiled in.
Don't forget to sign up for the Fashion Law Network meet n' greet event on March 23, 2023! Enjoy and thank you for listening!
Episode Notes:
1. EventBrite: https://www...
2023-01-3022 minFashion Law NetworkInterview with a USPTO DirectorThis is a special episode featuring Mr. Andrei Iancu, the former director of the United States Patent and Trademark Office (USPTO). We begin our discussion with a background and interesting details about the USPTO, the launch of the Council For Innovation Promotion and the value of patents. Then we discuss the recent controversial anti-patent remarks made by Elon Musk and the landmark Supreme Court case bearing my guest's name, Iancu v. Brunetti, which was decided during Mr. Iancu's time at the USPTO. Enjoy and thank you for listening!
Episode Notes:
1. Council for Innovation Promotion: www.C4I...
2022-12-0121 minFashion Law NetworkDolce & Banana?This episode is all about the Dolce & Gabbana fashion house. I begin with a brief history of the brand and then discuss patent and trademark law in relation to Dolce & Gabbana. I end the episode with my legal analysis and discussion of a trademark infringement situation involving Dolce & Gabbana versus a store called Dolce & Banana! Enjoy and thank you for listening.
The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwellip.co...
2022-10-3122 minFashion Law NetworkNeiman Marcus for the WinHow is luxury department store Neiman Marcus thriving when most department stores are struggling at unprecedented levels? I answer this question and much more on this episode. I also provide my legal analysis, discussion and update on the Neiman Marcus legal battle with (now closed) hedge fund Marble Ridge Capital.
Episode Notes:
1. Marble Ridge Capital LP v. Neiman Marcus Group Inc., et al, DC-18-18371 (116TH Judicial Circuit (Dallas))
2. Neiman Marcus Group Inc., v. Simon Property Group Inc.
2022-09-2729 minFashion Law NetworkSymphony of ScentsThis episode is all about the world of luxury fragrances with a focus on the famous Chanel No. 5 perfume. I begin with a brief history of the Chanel No. 5 perfume then discuss various forms of legal protection for fragrances and end the episode with a legal analysis of a recent lawsuit centering on the Chanel No. 5 perfume.
Episode Notes: 1. Chanel v. Love Story No. 9 2. Civil Judgment No. 319 [2021], Final, Civil, Shaanxi of the High People's Court of Shaanxi Province. The ruling is accessible here, in Chinese, retrieved from China Judgments Online
2022-08-2921 minFashion Law NetworkWar Of The Red Soled StilettosThis episode is all about the luxury fashion house of Christian Louboutin. I begin with some brief history of the Louboutin fashion house, then discuss patents and trademarks in relation to Louboutin. Finally, I discuss and provide a legal analysis of the landmark lawsuit over the red soled stilettos initiated by Christian Louboutin against Yves Saint Laurent. Enjoy and thank you for listening!
The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at k...
2022-07-3124 minFashion Law NetworkCartier LoveThis episode is all about the luxury jewelry house of Cartier. I begin with some brief history of the Cartier fashion house, then discuss trademark and trade dress law in relation to Cartier. Finally, I discuss and provide a legal analysis of the new lawsuit initiated by Cartier and Amazon against various influencers attempting to sell allegedly counterfeit Cartier jewelry. Enjoy and thank you for listening!
The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me...
2022-06-2925 minFashion Law NetworkSignature BalmainThis episode is all about the Balmain fashion house. I begin with some recent Balmain news and then provide a brief history of the fashion house. Next, I discuss and analyze a few interesting patents and trademarks owned by Balmain. Finally, I provide my legal analysis of two intellectual property lawsuits that Balmain has been embroiled in. Enjoy and thank you for listening!
2022-05-2922 minFashion Law NetworkPost Pandemic Luxury BoomThis episode is all about the post pandemic luxury sales boom many stores are currently experiencing, with a focus on famed American department store, Saks Fifth Avenue. Enjoy and thank you for listening.
Episode notes:
1. Giordano v. Saks Inc., 1:20-cv-00833, (E.D.N.Y.)
2. Beauty Holdings LLC, d/b/a The Salon Project By Joel Warren v. Saks & Company LLC et al
2022-05-0123 minFashion Law NetworkMagic MissoniThis episode is all about the Missoni fashion house. I begin with some brief history of Missoni, then I discuss the concept of patent inventorship and analyze some interesting patents and trademarks that Missoni owns. Finally, I provide my legal analysis of a situation where a non-inventor filed and obtained a design patent for a very popular it bag, a cautionary tale of sitting on your intellectual property rights!
Episode Notes:
1. American Bar Association article "Employee Inventors and Patent Ownership: Whose Rights Are They Anyway?"
2. Trovan, Ltd. v. Sokymat SA, 299 F.3d 1292, 1302 (Fed. Cir...
2022-03-2525 minFashion Law NetworkDark Side of Luxury Fashion: Counterfeiting Horror StoriesThis episode is all about luxury fashion counterfeiting. I provide some background information about the world of counterfeiting and discuss the latest U.S. Intellectual Property and Counterfeit Goods— Landscape Review of Existing/Emerging Research document. Then, I provide my legal analysis of three recent luxury counterfeit-centric lawsuits. Finally, I discuss the fascinating new blockchain technology (Aura Blockchain Consortium) aimed at stopping counterfeit luxury goods. Enjoy and thank you for listening!
Episode notes:
1. Amazon.com, Inc. v. Fitzpatrick et al, 2:20-cv-016622 (W.D. Wash. 2020)
2. Facebook, Inc. et al v. Kokhtenko, 3:21-cv-03036 (N.D. Cal. 20...
2022-02-2825 minFashion Law NetworkCult of HermesThis episode is all about the Hermes fashion house featuring a special guest, Cheryl, a fellow patent attorney and Hermes connoisseur. Cheryl and I are fascinated by the fact that Hermes rarely advertises but remains one of the top performing luxury fashion houses, they even surpassed their usual sales during the covid pandemic! Cheryl and I discuss the possible reasons for this, Hermes' extremely unique business method, intellectual property and much more.
2021-12-2736 minFashion Law NetworkChloe: Neo Couture CoolThis episode is all about the Chloe luxury fashion house. I begin with some history of Chloe and Richemont, then discuss the interesting patents and trademarks owned by the fashion house and then discuss and analyze Chloe's recent B-Corp Certification. Finally, I discuss and analyze a trademark infringement and counterfeiting lawsuit that Chloe was recently embroiled in.
Episode Notes:
1. Link to Article " B Corp certification won’t guarantee companies really care for people, planet and profit"
https://theconversation.com
2. RICHEMONT INTERNATIONAL SA, CARTIER INTERNATIONAL A.G., MONTBLANC-SIMPLO GMBH, CHLOE S.A.S., VAN C...
2021-11-1726 minFashion Law NetworkChanel vs. The Secondary MarketAnd just like that...I'm back with season 4 of the podcast series! This episode is about yet another trademark infringement lawsuit Chanel is embroiled in involving a secondary market reseller, an independent US based jewelry company which was selling jewelry using repurposed Chanel buttons. I also discuss the first sale doctrine and the various patents and trademarks that the Chanel fashion house owns.
Episode Notes:
1. Chanel, Inc. v. Shiver and Duke, LLC, et al., 1:21-cv-01277 (SDNY).
2021-10-0627 minFashion Law NetworkPrada PleaseThis episode is all about the Prada fashion house. I begin with some history of Prada, then discuss the interesting patents and trademarks owned by Prada and then discuss and analyze a European trademark infringement case involving the Prada trademark and an Indonesian company seeking to trademark “The Rich Prada”. Finally, I discuss and analyze an unusual ongoing lawsuit that Prada is embroiled in , Caporicci v. Prada, concerning a battle over alligator hatchlings.
Episode Notes:
1. Prada SA v EUIPO, T-111/16, Judgment of 5 June 2018, EU:T:2018:32
2. Caporicci U.S.A. Corp. v. Prada S.p.A...
2021-06-1626 minFashion Law NetworkAll Things NFT (through the lens of a patent lawyer)This episode is all about NFT, non-fungible tokens featuring a special guest, California based patent attorney and NFT legal expert, Irene Lee. For the past 20 years she has focused her practice on all aspects of intellectual property, including patent, trademark, copyright, trade secret, and right of publicity. I begin the episode with a brief definition of key NFT terms and then discuss my journey into the NFT purchasing landscape. During my discussion with Irene we learn about the various intellectual property law implications in relation to NFTs among many other NFT topics, such as fashion NFTs and tips for a...
2021-05-1240 minFashion Law NetworkLVMH, Tiffany's, Mergers and Acquisitions Oh My!This episode all about mergers, acquisitions and the recent LVMH/Tiffany acquisition. This is a special episode featuring an interview and discussion with Laura Noroski, a corporate transactional attorney in Orange County, California who is well-versed in merger and acquisition law. Enjoy and thank you for listening!
Episode Notes:
1. Special Guest: Laura Noroski is a partner at the Orange County law firm, Garcia Rainey Blank & Bowerbank LLP and owner of www.mylawpal.com
2. Agreement and Plan of Merger: www.sec.gov/Archives/edgar/data/98246/
2021-04-2722 minFashion Law NetworkCeline v. CelineThis episode is all about the Celine fashion house. I begin with some brief history of the fashion house which started back in 1945, with a focus on the controversy when creative director Hedi Slimane took the helm in 2018. Then I discuss some brief patent and trademark law and how it relates to the Celine fashion house and at the end of the episode I provide a discussion and analysis of a famous French trademark infringement lawsuit when luxury fashion house Celine sued another company also named Celine in Nancy, France. The Celine in Nancy, France was selling clothing under t...
2021-04-1425 minFashion Law NetworkSurvival of the Fittest: Retail EditionThis episode is all about the natural selection process in the retail industry. I focus my analysis on one endangered species in particular, the shopping mall. I begin with some background information and history on American shopping malls and discuss a few recent mall lawsuits. Then I discuss general bankruptcy law and provide a recent timeline of various major retailer bankruptcies.
2021-03-3022 minFashion Law NetworkManolos at Marshalls?This episode is all about off price retailers! I begin with a discussion of the TJ Maxx family of stores (TJ Maxx, TK Maxx, Marshall's etc.) and how some major luxury designer merchandise from brands like Manolo Blahnik, Gucci, Fendi, Saint Laurent end up for sale there at a major discount. I also discuss other off price retailers like Last Call by Neiman Marcus. At the end of the episode I discuss and analyze the class action lawsuit Rubenstein v. The Neiman Marcus Group LLC which alleged that Neiman Marcus “labels its Last Call clothing with a tag that sh...
2021-03-1628 minFashion Law NetworkGive Me GIVENCHYThis episode is all about the French luxury Givenchy fashion house. I begin with some brief history of the fashion house including how LVMH acquired the Givenchy company in the mid 80’s. Then I discuss patent and trademark law in relation to Givenchy focusing on trade dress which is a form of trademark law that I have not yet discussed on this podcast series. Finally, I illustrate how trade dress may be used in a fashion context by discussing and analyzing the trade dress infringement lawsuit of Givenchy v. BCBG Max Azria. Enjoy and thank you for listening!
...
2021-03-0233 minFashion Law NetworkThe Evolution of Tom FordThis episode is all about fashion designer, director and style legend Tom Ford. I begin with a brief biography and history of Tom Ford's career. Then I provide a legal analysis of the trademark infringement case Chadwick McQueen v. Tom Ford International LLC over a Tom Ford shawl collar cardigan. Finally, I discuss and analyze how Tom Ford's counsel was able to register a trademark for Tom Ford's famous and controversial perfume name "fucking fabulous" overcoming the scandalousness provision of Section 2(a) of the Lanham Act including a discussion of the recent landmark Supreme Court decision in Iancu v. Br...
2021-02-1622 minFashion Law NetworkDon't Get SLAPPED AroundThis episode is all about the application of Anti-SLAPP laws on a few high-profile entertainment and fashion industry lawsuits including in connection with the recent case of dbleudazzled, LLC v. Khloe Kardashian and Good American. This is a special episode featuring an interview and discussion with Mike Trauben, an entertainment attorney in Beverly Hills, who is well-versed in this field of law and has litigated some really high profile anti-SLAPP law cases. Enjoy and thank you for listening!
Episode Notes:
1. Special Guest: Mike Trauben is a partner at the Beverly Hills law firm www.singhtraubenlaw.co...
2021-02-0239 minFashion Law NetworkSocial Media Shopping, Patents and LawsuitsIs social media the future of shopping? On this episode I discuss how social media is changing the way we shop, with a focus on Instagram. I discuss and analyze a few recent relevant utility patents owned by Instagram/Facebook and then go over a few lawsuits involving Instagram and influencers such as Conditi v. Instagram, LLC et al and Amazon.com, Inc. v. Fitzpatrick et al. Enjoy and thank you for listening!
Episodes Notes:
1. Brittany Conditi, et al. v. Instagram LLC, et al., Case No. 3:20-cv-06534-AGT (N.D. Cal. 2020)
2. Amazon.com, In...
2021-01-1927 minFashion Law NetworkBrexit Fashion Law BreakdownThis episode is all about the impact of Brexit on intellectual property and fashion law. This is a special episode featuring an interview and discussion with U.K. fashion lawyer and author, Rosie Burbidge. Rosie wrote the book titled, European Fashion Law. We discuss and analyze the various changes to trademarks, patents and copyrights due to Brexit among other issues. Enjoy!
Episode Notes:
1. Special Guest: Rosie Burbidge : Author of European Fashion Law: A Practical Guide from Start Up to Global Success and she is a partner at the law firm www.gunnercooke.com
2. Fredd...
2020-12-1623 minFashion Law NetworkFashion X Street ArtThis episode is all about the interplay of fashion and street art and the various intellectual property issues that may arise. I discuss and analyze a few interesting lawsuits involving artists Mr. Brainwash and Banksy. At the end of the episode I discuss a recent landmark lawsuit which awarded $6.75 million to street artists when their work was whitewashed off the exterior of a warehouse complex in New York.
Episode Notes:
1. Amusement Art, LLC v. Life Is Beautiful, LLC et al, 2:2014-cv-08290 (2019)
2. Banksy v. Full Colour Black
3. Castillo v. G&M Realty L.P...
2020-12-0826 minFashion Law NetworkChanel v. The RealReal (Take Two)I begin this episode with some background history of the Chanel fashion house then discuss general patent law and analyze a few interesting recent patents which are owned by Chanel. In the second half of the episode I discuss and analyze the many updates in the ongoing Chanel v. The RealReal lawsuit.
Episode Notes:
1. Chanel Utility Patent : Cosmetic article comprising stacked meshes
https://pdfpiw.uspto.gov/.piw?Docid=10842240&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3DHITOFF%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsearch-adv.htm%2526r%3D1%2526p%3D1%2526f%3DG%2526l%3D50...
2020-12-0233 minFashion Law NetworkHoliday Shopping EditionI have a very special episode today as I am joined by retail guru, Nicole Leinbach Reyhle who has been recognized globally as a top 10 retail thought leader. Nicole is the founder and publisher of retailminded.com which is a very popular publication for its leading retail insight and she is the author of the book “Retail 101: The Guide to Managing and Marketing Your Retail Business”. Nicole has published thousands of article for Forbes and Entrepreneur among other business trade magazines. Nicole is a sought after speaker to various retailers and industry leaders while also contributing as an expert to a...
2020-11-2623 minFashion Law NetworkWho's the Fairest of Them All?Is Farfetch the fairest luxury online platform of them all? This episode is focused on the company Farfetch as it has been touted as being one of the world’s most successful online luxury platforms. I discuss the history and brief biography of the owner and founder of the company and the Farfetch business model. Finally, I discuss and analyze the ongoing high profile federal securities class action lawsuit which Farfetch is embroiled in and which has not yet been resolved, despite starting in September of 2019. Enjoy and thank you for listening!
Episode Notes:
1. In re F...
2020-11-1727 minFashion Law NetworkLeague of Fashion NationsThis is a special episode featuring an interview and discussion with international lawyer, Abisade Adenubi. Ms. Adenubi is also a PhD. Scholar and founder of Heritage Apparels, which is a textile and apparel production factory in Nigeria. During the episode we discuss her PhD research which focuses on the intersection of International Law and the Fashion Industry. Ms. Adenubi is also the author of an upcoming book, with the working title "Business Unusual: Covid 19 and the Fashion Industry" and we discuss the issues which the fashion industry faces during the pandemic among other topics. Thank you so much for listening, e...
2020-11-1124 minFashion Law NetworkFendi ForeverI begin this episode with some background history of the House of Fendi and then analyze a few interesting patents and trademarks which are owned by Fendi. In the second half of the episode I discuss and analyze two recent intellectual property lawsuits involving Fendi, one which Fendi filed against various alleged counterfeiters and then a lawsuit that was filed by a photography company against Fendi for alleged copyright infringement of a "street style" photograph featuring the actress Blake Lively wearing a Fendi outfit. Enjoy and thank you for listening!
Episode Notes:
1. Fendi Design Patent : Handb...
2020-11-0323 minFashion Law NetworkNeiman Marcus' Return to Retail Royalty?Will Neiman Marcus be able to make a comeback? I begin this episode by providing a brief history of Neiman Marcus, then discuss their bankruptcy protection filing and recent exit. I also discuss and analyze the Neiman Marcus legal battle with hedge fund Marble Ridge Capital. At the end of the episode, I discuss and update the active copyright infringement case in which Neiman Marcus is embroiled (Sealaska Heritage Institute v. Neiman Marcus). Enjoy and thank you for listening!
Episode Notes:
1. Neiman Marcus Plant Patent: Rose Plant
https://pdfpiw.uspto.gov/.piw?Docid=PP...
2020-10-2733 minFashion Law NetworkLVMH is NOT Tiffany's One True LoveI begin the episode with some brief history of the world’s most valuable luxury conglomerate, LVMH. Then in the second half of the episode I go over the events that occurred since the attempted LVMH and Tiffany & Co. merger in late 2019. I then discuss and analyze the lawsuit that Tiffany & Co. filed on September 9, 2020 against LVMH for attempting to back out of their deal. Finally, I discuss a few more relevant events that happened after this September 9, 2020 filing by Tiffany & Co. Enjoy and thank you for listening!
Episode Notes:
1. Tiffany & Co. v. LVMH Complaint filed on...
2020-10-2026 minFashion Law NetworkRetail Climate Change: Part 3On this last installment of my mini-series I discuss and analyze the recently introduced bipartisan bill titled the Shop Safe Act. I also go over a few relevant lawsuits involving Hermes, Valentino and Amazon and end the episode with a brief discussion of another significant recently introduced bill titled The INFORM Consumers Act.
2020-10-0624 minFashion Law NetworkRetail Climate Change: Part 2In this second installment of my 3 part mini-series titled Retail Climate Change I focus my analysis on the United States online luxury reseller platform sector. This includes companies like The RealReal and What Goes Around Comes Around and I analyze the recent legal activity surrounding these companies along with a report of current trends in this sector.
Episode Notes:
1. Chanel, Inc., v. The RealReal, Inc., 1:18-cv-10626 (SDNY).
2. Chanel, Inc., v. What Goes Around Comes Around, LLC, et al., 1:18-cv-02253 (SDNY).
2020-09-3025 minFashion Law NetworkRetail Climate Change: Part 1I begin Part 1 of this 3 Part Retail Climate Change mini-series where I discuss and analyze the changes to the current retail climate that have been accelerated by the pandemic, namely e-commerce. In this episode I discuss various online marketplace platforms and the changes they are facing along with a few relevant lawsuits. I also examine the new Amazon Counterfeit Crimes Unit and the recent (September 15, 2020) Amazon "Luxury Stores" launch and go over some of the recent patents Amazon has been granted by the United States Patent and Trademark Office.
Episode Notes:
1. Amazon, Inc. and Valentino S.P...
2020-09-2224 minFashion Law NetworkBrilliant Bottega VenetaThis episode is all about Bottega Veneta and their recent explosion in popularity. I begin the episode with some brief history of the Bottega Veneta fashion house and then go over some interesting patents and trademarks the company owns. I discuss a few lawsuits that the fashion house was involved in against Chinese shopping giant, Alibaba. I end the episode by providing updates on two outstanding lawsuits from Season 1 of my podcast series - Sealaska v. Neiman Marcus and the patent infringement lawsuit, Jacob's Jewelry v. Tiffany and Co. Thank you for listening. Enjoy!
Episode Notes:
1...
2020-09-1529 minFashion Law NetworkThe Ryder Cup of Fashion LawThis episode is all about the differences in European/UK vs. U.S. intellectual property law. This is a special episode featuring an interview and discussion with U.K. fashion lawyer and author, Rosie Burbidge. Rosie wrote the book titled, European Fashion Law. We discuss the various trademark, patent and copyright differences in the UK/EU and US among other issues (including Brexit). Enjoy!
Episode Notes:
1. Special Guest: Rosie Burbidge : Author of European Fashion Law: A Practical Guide from Start Up to Global Success and she is a partner at the law firm www.gunnercooke.com
2020-09-0839 minFashion Law NetworkThe Art Law EpisodeAll about art law! I begin the episode by discussing some intellectual property issues that artists may encounter and I analyze the famous copyright lawsuit involving the song "Oh, Pretty Woman" by Roy Orbison and the 2 Live Crew parody song "Pretty Woman" (Campbell v. Acuff-Rose). Then I conduct my legal analysis of the various lawsuits that artist Jeff Koons faced. I end the episode by updating some outstanding lawsuits that I had discussed in previous episodes of this podcast series.
This is the last episode of Season 1- stay tuned for Season 2 after Labor Day 2020- Thank you...
2020-08-1822 minFashion Law NetworkWhen Fashion and Tax Law CollideThis is a special episode featuring an interview and discussion with tax attorney Alyssa Whatley! We will be discussing various aspects of fashion and tax law including tax implications of Hollywood swag/gift bags, celebrity and influencer tax issues and the recent Gucci tax evasion case. At the very end of the episode I briefly discuss tax patents. Enjoy!
Episode Notes:
1. Special Guest Alyssa Whatley Esq. : Atltaxlawyers.com
2. Rilancio Decree
http://www.governo.it/it/articolo/il-decreto-rilancio-gazzetta-ufficiale/14623
2020-08-1130 minFashion Law NetworkRolex ReimaginedAll about fashion upcycling! I begin by defining the relatively novel concept of fashion upcycling, then provide some brief history of the Rolex watch company and some of their interesting patents. Finally, I conduct my legal analysis of the recent Rolex v. La Californienne case regarding reimagined Rolex watches.
Episode Notes:
1. Rolex Utility Patent: Process for decorating a timepiece component and timepiece component obtained by such a process
https://pdfpiw.uspto.gov/.piw?PageNum=0&docid=10649406&IDKey=FD265633746C%0D%0A&HomeUrl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3DHITOFF%2526u%3...
2020-08-0420 minFashion Law NetworkThe Beauty Law EpisodeThis is a special episode featuring an interview with fashion beauty lawyer Antonella Colella! We will be discussing various aspects of cosmetic and beauty law and the trend of "green" beauty companies. Enjoy!
Episode Notes:
1. Special Guest Antonella Colella Esq. : Instagram @antonella_colella and she works at Snyderman Law Group.
2020-07-2824 minFashion Law Network"Ain't Laurent Without Yves"This episode is all about Yves Saint Laurent, I begin with some brief history of the Yves Saint Laurent fashion house and then discuss the case of a company selling t-shirts and other apparel with the slogan "Ain't Laurent Without Yves" on the front when the Yves Saint Laurent fashion house dropped the "Yves" from it's name - much to Saint Laurent's dismay. Then, I conduct my legal analysis into the famous case of Christian Louboutin v. Yves Saint Laurent over the famed red-soled shoes. Thank you for listening and enjoy!
Episode Notes:
1. Yves Saint L...
2020-07-2123 minFashion Law NetworkDid Dior Copy an Instagrammer's Look?I begin the episode with some background history on the House of Dior, including the infamous John Galliano. Then I discuss some interesting design and utility patents that are owned by Dior. At the end, I conduct my legal analysis of the recent copyright infringement case filed against Dior by Instagram Influencer @SwedishandStylish (Swedishandstylish LLC v. Christian Dior, Inc.).
Episode Notes:
1. Dior Design Patent : Saddle Handbag
https://pdfpiw.uspto.gov/.piw?Docid=D0449737&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3DHITOFF%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsearch-adv.htm%2526r%3D1...
2020-07-1422 minFashion Law NetworkFashion Lawyer 2 Fashion LawyerThis is a special episode featuring an interview with NYC Fashion Lawyer Anna Radke! The episode begins with the interview with Ms. Radke regarding various aspects of Fashion Law. In the second half of the episode I discuss a few important fashion law related cases.
Episode Notes:
1. Special Guest Anna Radke : Instagram @aniaradke and she works at the law firm BrandCounselPC.com
2. Fourth Estate Public Benefit Corp. v. Wall-Street.com, 586 U.S. ___ (2019)
3. Star Athletica, L.L.C. v. Varsity Brands, Inc., 137 S.Ct. 1002 (2017)
4. Puma SE v. Forever 21, Inc., 2:17-cv-02523 (C.D. C...
2020-07-0721 minFashion Law NetworkUnlikely Crime-Fighting Duo: Valentino and Amazon Battle Against Counterfeiters!Valentino and Amazon team up to battle counterfeiters! I begin the episode with some brief history into the Valentino fashion house, then I conduct my legal analysis and discussion of the newly filed (June 18, 2020) patent and trademark infringement (among other claims) lawsuit, Amazon, Inc. and Valentino S.P.A., v. Kaitlyn Pan Group, LLC and Hao Pan. Then I conclude the episode by discussing the unfortunate recent trend of fashion retailers and landlords suing each other and Valentino in particular as they are trying to get out of their Fifth Avenue store lease early.
Episode Notes:
1...
2020-06-3022 minFashion Law NetworkPatent Lawsuit at Tiffany's!Jewelry patent lawsuit at Tiffany's! I begin this episode with some brief history of Tiffany and Co. , then I conduct my legal analysis into the very recent ,June 2020, patent lawsuit concerning a $1 million Tiffany's diamond bracelet (Jacob Jewellery Co. v. Tiffany and Co.). I conclude the episode by discussing a famous trademark infringement case involving Tiffany's ( Tiffany and Co. v. Ebay Inc.).
1. Tiffany and Co. Patent : Timepiece with simultaneous time display for at least two time zones
https://pdfpiw.uspto.gov/.piw?Docid=05323363&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3D...
2020-06-2320 minFashion Law Network"Gucci Gone Wild"This episode is all about Gucci, I begin the episode with some brief history of the Gucci fashion house, then I discuss the situation with a rapper using the stage name, Gucci Mane, and his song, Gucci Gone Wild,and how that impacted the Gucci fashion house. Next, I provide my legal analysis on the Forever 21 v. Gucci case and I conclude the episode with an update of Gucci's financial situation amid the covid-19 pandemic.
1. Gucci Design Patent : Top Surface of a Fabric
https://pdfpiw.uspto.gov/.piw?Docid=D0400360&homeurl=http%3A%2F%2Fpatft.usp...
2020-06-1622 minFashion Law NetworkFall From Retail Royalty: Neiman MarcusAre we witnessing the demise of department stores? I begin this episode with some background information on department stores, then discuss general bankruptcy law and a recent timeline of various major retailer bankruptcies. I focus my discussion on Neiman Marcus and a copyright lawsuit filed against them (Sealaska Heritage Institute Inc v. Neiman Marcus Group LTD, LLC et al). I briefly define and discuss a plant patent that is owned by Neiman Marcus , the Rose Plant Patent. I then conclude the episode by discussing what the future may look like for retailers after this covid-19 pandemic.
Episode Notes:
1. Fourth Estate Publ...
2020-06-0924 minFashion Law NetworkWait...Is it Louis Vuitton or Pooey Puitton?I begin this episode with a brief history of the Louis Vuitton fashion house, then I go over a few trademarks and patents that Louis Vuitton owns, next I conduct my legal analysis into a few recent intellectual property parody lawsuits involving Louis Vuitton (Louis Vuitton v. Haute Diggity Dog , Louis Vuitton v. My Other Bag , Louis Vuitton v. MGA Entertainment ). I conclude the episode with a phone interview with a former Louis Vuitton sales associate who gives us some further intel into the brand!
1. Louis Vuitton Patent : Wheeled suitcase comprising a retractable rod...
2020-06-0230 minFashion Law NetworkAll Things Hermes (through the lens of a patent lawyer)!I begin the episode with a brief history of Hermes, then I discuss the interesting patents and trademarks that Hermes owns, then I conduct my legal analysis on the recent trademark opposition case from the JPO (Japan Patent Office) titled Hermes v. D.Kelly. Lastly, I discuss a U.S. based Hermes lawsuit titled Hermes International v. John Doe and I end the episode by analyzing how Hermes has been faring amid this Covid-19 pandemic. Enjoy and thank you so much for listening!
1. Hermes Utility Patent - Bag, a Flap for a Bag and Its Method Assembly
2020-05-2622 minFashion Law NetworkChanel v. The RealReal Lawsuit Discussion and AnalysisI begin the episode with some background patent and trademark law, then discuss the recent Order entered in the Chanel v. The RealReal case
Here are the patent links I discuss in the episode :
1. Chanel Patent : Jar with Dispensing Pump
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-adv.htm&r=3&p=1&f=G&l=50&d=PTXT&S1=chanel.ASNM.&OS=an/chanel&RS=AN/chanel
2. Chanel Patent : Handbag
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-adv.htm...
2020-05-1921 min2020-05-1700 min