Avoiding Viral Fashion Promotion Malfunctions

Social media promotions can be a great way to market a product and gain market recognition. However, a promotion by Reese Witherspoon and her fashion label Draper James highlights what could go wrong after a seemingly well-intentioned “giveaway” goes astray.

Lessons Learned from the “Retail Apocalypse”: Where Fashion Goes from Here

With a specific focus on the bankruptcy cases filed of the last 10 years, the article analyzes the fashion and retail restructurings, identifying patterns from liquidations and repeat restructurings and discusses how fashion and retail companies have turned around their businesses during restructurings or protected themselves during this time.

Surge of Retail Bankruptcies Coincides With the Anniversary of ‘Tempnology’

In light of the recent COVID related wave of bankruptcies affecting fashion brands such as John Varvatos and True Religion, the article explores the trends and implications since the one-year anniversary of ‘Mission Product Holdings v. Tempnology.’

Managing New Brand Opportunities in a Post-Pandemic World

As consumers reach for their smart phones, iPads and laptops during newfound spare time, fashion and lifestyle brands are nimbly adapting to expand digital market presence, including emerging as a new form of entertainment.

‘Star Athletica’ Three Years On

The 2017 U.S. Supreme Court decision ‘Star Athletica v. Varsity Brands’ was supposed to clarify longstanding confusion over how design elements on functional objects, like clothing, can be copyrighted. But in the three years since the decision came down both the lower courts and legal opinion have varied widely in interpreting the decision.

The Evolution Begins in Six Circuits: Disgorgement Without Willfulness

A discussion of recent changes to damages law in trademarks and the likely implications on brand owners.

Designs That Say It All: Steps To Protect and Enforce Trade Dress Rights

Sometimes products speak for themselves—red-soled heels (Louboutin), a robin’s egg blue box (Tiffany & Co.) and H-shaped belt buckles (Hermès). Brands often seize on the power of design for consumer recognition and take steps to build and maintain trade dress rights. This article explores trade dress issues companies should be thinking about when forming a legal strategy to protect or challenge trade dress rights in their product designs.

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