Tag Archives: Fashion

FTC on the Path to Proposed Amendments to the Endorsement Guides

On May 19, 2022, the Federal Trade Commission (FTC) unanimously voted to publish for public comment in the Federal Register proposed changes to the Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The proposal makes a number of changes to the Guides, which were first enacted in 1980 and later updated … Continue Reading

Trademarks meet NFTs: Hermès sues NFT creator over MetaBirkins

As anticipated by those watching this space, Hermès filed a lawsuit in New York federal court against Mason Rothschild, an individual who created a collection of non-fungible tokens (NFTs) called “MetaBirkins,” which depict fuzzy versions of the iconic Hermès Birkin bag. The complaint alleges that Rothschild advertises the MetaBirkins “using the Hermès Federally Registered Trademarks” … Continue Reading

2022 fashion trend: New York fashion legislation addressing environmental sustainability and social accountability

The Fashion Sustainability and Social Accountability Act, a new New York Bill (the Bill), was introduced in October and was referred to a legislative committee on January 5, 2022. The goal of the Bill, which is sponsored by State Senator Alessandra Biaggi and Assemblywoman Anna R. Kelles, various fashion and sustainability nonprofits, and designer Stella … Continue Reading

Strike a Claim, Vogue: Runways Models Miss Their Mark in Publicity Suit

In September 2020, nearly 50 models filed suit against Moda Operandi (“Moda”) and Condé Nast (the parent company to Vogue) alleging that Moda and Vogue used their images from runway shows for the purpose of selling merchandise on Moda’s platform without written consent or compensation to the models. Plaintiffs alleged that the use of their … Continue Reading

Are Virtual Branded Worlds the Future?

The COVID-19 pandemic has had immeasurable effects on consumers and how they engage with brands, with the elimination of in-person consumer interactions for nearly a year. As a result, some brands are taking consumers’ entrance into the metaverse one step further by developing virtual worlds that allow the consumer to engage with the brand in … Continue Reading

Louis Vuitton Loses Lawsuit Against Maker of Parody Tote Bags

Parody consumer-goods brands and fans of tongue-in-cheek humor have reason to be relieved after a federal court of appeals affirmed a grant of summary judgment against luxury handbag maker Louis Vuitton Malletier, S.A. (“Louis Vuitton”), dismissing its lawsuit against My Other Bag, Inc. (“MOB”), a seller of parody canvas tote bags. Louis Vuitton brought suit … Continue Reading

New NY Labor Laws in the Spotlight at Fashion Week

Mark S. Goldstein was recently interviewed for an article by Law360 regarding new Labor Law protections for child models. As we previously mentioned, on October 21, 2013, New York Governor Andrew Cuomo signed into law amendments to New York's labor laws to specifically cover child models. The legislation protects runway and print models who are under the age of 18 in accordance with the same state labor laws that already protect other young entertainers. Mark told Law360 that, among other things, he hopes that the Department of Labor works with fashion industry insiders to maximize effective implementation and enforcement of the new law.… Continue Reading
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