Ursula Furi-Perry - The Little Book of Fashion Law

Millinery Creators Guild, Inc. v. Federal Trade Commission, 109 F.2d 175 (2d Cir. 1940).
Fashion Originators Guild of America, Inc. v. Federal Trade Commission, 312 U.S. 457 (1941).
WM. Filenes Sons Co. v. Fashion Originators Guild of America , 90 F.2d 556 (1st Cir. 1937).

Fashion Law and Intellectual Property:
The Road to the IDPPPA

Abercrombie & Fitch Stores, Inc. v. American Eagle Outfitters, Inc. , 280 F.3d 619 (6th Cir. 2002).

Fashion Marks and the Lanham Act:
Considering the Likelihood of Confusion in Fashion Handbags

Louis Vuitton Malletier v. Burlington Coat Factory Warehouse Corp., 426 F.3d 532 (2d Cir. 2005).
Louis Vuitton Malletier v. Dooney & Bourke, Inc., 454 F.3d 108 (2d Cir. 2006).
Coach Leatherware Company, Inc. v. AnnTaylor, Inc., 933 F.2d 162 (2d Cir. 1991).

Seeing Red:
The Battle Over Your Sole

Louboutin v. Yves Saint-Laurent (ongoing litigation).

Eve of Milady v. Impression Bridal, 957 F. Supp. 484 (S.D.N.Y. 1997).
Lois Sportswear v. Levi Strauss & Co., 799 F.2d 867 (2d Cir. 1986).
Wal-Mart Stores, Inc. v. Samara Bros., 529 U.S. 205 (2000).

Calvin Klein Trademark Trust v. Wachner, 123 F. Supp. 2d 731 (S.D.N.Y. 2000).

V.E.W., Ltd. v. The Vera Co., 2007 WL 1370469 (S.D.N.Y.).

Tiffany (NJ), Inc. v. eBay, Inc., 600 F.3d 93 (2d Cir. 2010).
Louis Vuitton Malletier v. Akanoc Solutions, 658 F.3d 936 (9th Cir. 2011).

Hard Rock Cafe Licensing Corp. v. Concession Servs., Inc., 955 F.2d 1143 (7th Cir. 1992).
Burberry Ltd. v. Euro Moda , 2009 WL 1675080 (S.D.N.Y. 2009).

How Much Is That Couture in the Window?:
Fashion, Minimum Resale Prices, and Antitrust Regulations

Leegin v. PSKS , 127 S. Ct. 2705 (2007).

Slaving Away and Sweating for the Shop:
Fashion and Labor Law

Zeng Liu v. Donna Karan Intl, 2001 WL 8595 (S.D.N.Y. 2001).

Express Yourself:
Fashion as Expression under the First Amendment

Tinker v. Des Moines Sch. Dist., 393 U.S. 503 (1969).
H. v. Easton Area Sch. Dist., No. 106283 (E.D. Pa. 2011).

Goldman v. Weinberger , 475 U.S. 503 (1986).
Xodus v. Wackenhut Corp., No. 093082 (7th Cir. 2010).

Fashion Law and Consumer Protection:
FTC Regulations Regarding Garment Labels

Whats the Dress Code Here?:
Laws Regarding Dress Codes

Does it Pass the Smell Test?:
Versions of Perfumes, Beauty Products, and Hair Care, and Intellectual Property Protections

LOreal SA v. Bellure NV, 2007 WL 2817991. Mixed Chicks, LLC v. Sally Beauty Supply.

Sally Beauty Co., v. Nexxus Products Co., 801 F. 2d 1001 (7th Cir. 1986).

NO-rganic Products:
This is Not What You Promised!

Center for Environmental Health v. Advantage Research Labs.

Beauty Biz:
Responsibility of the Board to Maximize Immediate Stockholder Value by Securing the Highest Price Available

Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173 (Del. 1986).

Rogers v. Am. Airlines, Inc ., 527 F. Supp. 229 (S.D.N.Y 1981).
Burchette v. Abercrombie & Fitch Co., 2010 WL 1948322 (S.D.N.Y. 2010).

Hodgdon v. Mt. Mansfield Co. , 624 A.2d 1122 (Vt. 1992).
Nelson v. James H. Knight, DDS, P.C., No. 11-1857 (Iowa 2012).

Friedman v. 24 Hour Fitness USA, Inc., 580 F. Supp. 2d 985 (C.D. Cal. 2008). (class-action litigation)

When the Marathon Hurts More Than It Should:
The Duty of Race Organizers to Provide Adequate Water and Electrolytes

Saffro v. Elite Racing, Inc., 98 Cal. App. 4th 173 (Cal. App. 4th Dist. 2002).

Boston Athletic Assn v. Sullivan, 867 F.2d 22 (1st Cir. 1989).

When That Diet Does Not Work as Promised:
FTC Probes into Companies Claims and Ensuing Class-Action Litigation by Consumers

When Beauty Hurts:
Blockbuster Lawsuits Involving Diet and Beauty Products

Fen-Phen Litigation.
Breast Implant Litigation.

What Is Fashion Law?

T he field of fashion and beauty law is new. It is exciting. It is anything but boring.

Susan Scafidi, professor and academic director at the Fashion Law Institute at Fordham University School of Law, explains:

So what is fashion law, exactly?

It is a field that embraces the legal substance of style, including the issues that might arise throughout the life of a garment, starting with the designers original idea and continuing all the way to the consumers closet. As a course, we defined fashion law to include four basic pillars: intellectual property; business and finance, with subcategories ranging from employment law to real estate; international trade and government regulation, including questions of safety and sustainability; and consumer culture and civil rights. In addition to its central focus on apparel and accessories, fashion law includes related areas such as textile production, modeling, media, and the beauty and fragrance industries.

From a practice perspective, fashion law can include the representation of clients engaged in the design, manufacturing, distribution, or retail sectors, among others, or even of consumers. While many of these stakeholders are part of an elaborate global system and work closely together, requiring an emphasis on licensing and other transactional work, others are structurally at odds with one another. For example, the interests of domestic manufacturers and importers often differ, as do the perspectives of creative designers and fast-fashion copyists. This complicates the policymaking process for the fashion industry, which is far from monolithic. Of course, as with all legal fields, fashion law requires swords

Lawyers who practice fashion law might find themselves handling many different issues and questions from various practice areas and facets of the law. Just consider the following examples:

• The lawyer might be asked to help protect a fashion law clients intellectual property, such as trademarking the clients logo or filing a patent application on a particular garment feature that the client invented.
• The lawyer might be asked to go after an infringing party who is close copying the clients new line of dresses.
• The lawyer might need to draft licensing agreements on behalf of a client who wants to license a new line of accessories to other companies.