Archives: Regulatory & government affairs

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New York toughens its child labor laws to protect young models

In August we explored the move in New York to extend the protection of certain child labor laws to child models (under the age of 18).  You can read more here.  This week, the bill (S.5486) was signed by Governor Cuomo and has passed into law with significant impact for the fashion industry, particularly in … Continue Reading

Biocidal products subject to new EU approval, labelling and disclosure requirements

The EU Biocidal Products Regulation, which came into effect as of September 1, 2013, will apply to a wide variety of consumer goods manufactured in, or imported into, the European Union and European Economic Area (“EU/EEA”), such as leather products (e.g. shoes, handbags or jackets) and other fabrics or textiles, electronic equipment, furniture and other … Continue Reading

Retail pricing of luxury goods remains a fashionable target for EU competition regulators

As previously reported, scrutiny of retail pricing in the luxury industry continues to be a priority for European competition authorities.  In addition to ongoing investigations of retail pricing of sportswear apparel in Denmark and luxury watches in Poland, the German competition authority (FCO) recently imposed  €6.5 million fines on natural cosmetics maker WALA and two … Continue Reading

IP rights enforcement at the EU border: Customs detained €1 billion worth of fake goods in 2012

The import of counterfeit goods into Europe continues to be a major concern for both brands and consumers. The EU Commission’s annual report on customs actions to enforce IP rights states that EU Customs detained almost 40 million products suspected of violating IP rights in 2012. The figure is lower than in 2011, but the … Continue Reading

Data security breaches – protecting your brand from damage

Recent years have seen an increasing number of high profile data security breaches that have damaged the reputation of businesses and the value of their brands.  It’s sometimes said that it’s not a matter of “if”, but “when” a business will suffer a data security incident.  Nonetheless, there are a number of ways that you … Continue Reading

FTC says “Get FDA pre-approval first” to Cedarcide head lice advertisers

Last week, the Federal Trade Commission (“FTC”) announced settlement with two marketers of bed bug and head lice products.  The settlement prohibits the use of allegedly deceptive advertising claims and requires Food and Drug Administration (“FDA”) pre-approval for treatment claims about head lice.  While the settlement terms only apply to the two marketers of cedar … Continue Reading

Luxury watch pricing under Polish antitrust watchdog’s microscope

Scrutiny of retail pricing of luxury goods appears to continue to be a priority of European competition authorities.  The latest example is the Polish Competition Authority’s ongoing probe into the luxury watch sector. The probe became public through dawn raids, and targets three Polish importers of branded watches: The Swatch Group Poland; Przedsiębiorstwo Handlowo–Usługowe Jubiler; … Continue Reading

Is this an advertisement? .com Disclosure Guidelines and celebrity endorsements on social media

Social networks like Facebook and Twitter attract millions of consumers daily.  These social networks offer advertisers innovative ways to target and reach consumers.  Increasingly, celebrities offer themselves as brand ambassadors for hire, and brands retain celebrities to market their products on social media.  Given the nature of the medium in which these types of endorsements … Continue Reading

Registering your trademark in the U.S.? A few tips on successfully navigating the process

Brand owners can obtain significant protection in the U.S. if their trademark is registered with the United States Patent and Trademark Office (USPTO).  While the registration process can be challenging, an important new study demonstrates that filing through experienced lawyers is one of the best ways to successfully navigate this process. (And no, we didn’t … Continue Reading

Anti-Counterfeiting Legislation Advances in U.S. Senate Finance Committee

Trade legislation that would give trademark and copyright owners new anti-counterfeiting protections cleared an important procedural hurdle in the U.S. Senate last week. The United States Senate Finance Committee held a hearing on S. 662, the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013, on May 22.  The measure, sponsored by Chairman Max Baucus … Continue Reading

European Commission to crack down on e-commerce scams

The European Commission is to crack down on aggressive commercial practices which are discouraging consumers from shopping at online stores in other EU member states. The Unfair Commercial Practices Directive (the Directive) introduced a standardized set of rules across the EU, including a general prohibition on unfair business-to-consumer commercial practices.  Among the Directive’s provisions are … Continue Reading

Tajani invites fashion CEOs to Brussels

The European fashion and luxury brands industry accounts for 10% of all European exports. In recognition of Europe’s position as a global leader in the industry, the European Commission’s Vice President, Antonio Tajani, will be meeting with the CEOs of some of Europe’s largest fashion companies today to discuss plans for reinforcing the growth and … Continue Reading

The geography of online infringement: it’s not always what you think it is

A new study reports that country code Top-Level Domains (“ccTLDs”) belonging to Sweden, the Netherlands, and the UK are the most commonly used for online copyright infringement.  The study, published on January 1 by Internet researcher Cedric Manara, focuses on data provided by Google regarding the takedown requests it receives. Other ccTLDs rounding out the … Continue Reading

New gTLDs: dot brand and dot fashion?

The Internet Corporation for Assigned Names and Numbers, ICANN, held a drawing on 17 December to determine the priority by which new generic top-level domain applications would be reviewed.  A top-level domain is the part of a domain name to the right of the dot, like .com or .gov.  Participation in the draw was voluntary but … Continue Reading

Geographical indication status awarded to Darjeeling tea

Darjeeling tea, renowned for its smooth and mellow taste and often referred to as the “Champagne of teas”, has recently received protected geographical indication (PGI) status by the European Union. Darjeeling tea, famous for its luxurious quality and named after the city located in the mountains near the border with Nepal where it is grown, … Continue Reading

Foreign Counterfeit Merchandise Prevention Bill consideration postponed

This week, the US House of Representatives postponed consideration of a bill providing for greater cooperation between brand owners and US Customs and Border Protection (CPB) in investigations of counterfeit goods.  The proposed Foreign Counterfeit Merchandise Prevention Act, H.R. 6654, makes clear that CPB agents can share information with brand owners in order to determine … Continue Reading