Miscellaneous

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For the fashion industry, one of the must-have, but hard to come by, items this season is a favorable refinancing deal. The recent volatility in the fashion market has reflected not just the ever-changing tastes of the cognoscenti, but also the rapidly shifting economic landscape confronting designers and retailers. The fashion industry has suffered acutely in the global financial crisis as consumers curb their spending, particularly in the luxury goods market. In fact, analysts have estimated that 12% of fashion companies will not survive the recession. 
 Continue Reading The Hottest Trend: Refinancing

On June 19, 2009, in Zino Davidoff SA v. CVS Corp., the Second Circuit enjoined CVS, a national retail chain, from removing unique production codes ("UPC") from Davidoff product packaging for its "Cool Water" fragrances on the grounds of trademark infringement.[1]  Davidoff, a high end luxury brand, imprints a unique UPC on every product for quality control purposes and to protect against diversion and counterfeiting.  The code contains basic information about each product unit, including "where and when it was produced, ingredients used, and distribution path."[2]  The UPC code ordinarily is used to track goods that are sold to and by unlicensed distributors.  The Davidoff UPC also allows Davidoff to spot defects easily and swiftly recall or remove products from the market when such defects are noted.  The UPC is used to protect the reputation of the brand and its trademarks.Continue Reading Removal of UPC Codes Constitutes Trademark Infringement

Not all diamonds are a girl’s best friend.  Conflict diamonds, for instance, are considered more of a rebel’s best friend.  Also known as “blood diamonds,” conflict diamonds are linked to rebel forces and factions opposed to legitimate governments, and are used to fund military opposition to those governments.  The international diamond community, including the U.S., has expressed zero tolerance towards such diamonds and has sought to regulate the rough diamond trade to assure consumers that their purchases are not used to finance overseas wars and rebel movements.  Further, U.S. diamond retailers can assist these efforts by keeping informed of the various diamond distribution laws and by effectively implementing self-regulating retail policies that will help curtail illegal trade.

Continue Reading U.S. Diamond Retailers Can Help Ensure Conflict Diamonds Are Not a Girl’s Best Friend

From Sgt. Pepper’s psychedelic costumes to Run DMC’s love of Adidas and Kanye West’s shutter shades, fashion and music have visibly influenced one another for decades.  The global recession has only strengthened this bond by leading fashion brands to take on roles once exclusively reserved for major record labels.  As a result, labels and artists have begun to view fashion brands as a lucrative and logical business partner while brands’ increasing ability to work with musicians has allowed them new and unique means of attracting customers, increasing consumer goodwill, and maintaining their distinctiveness.  

Continue Reading Artists Shout “I’m with the Brand” as Fashion Labels Take on Role of Record Label