Zegna’s Post

"Hermès Seeks Dismissal of Antitrust Lawsuit Over Birkin Bag Sales Practices": Hermès seeks to dismiss a lawsuit alleging it violates antitrust laws by requiring customers to buy other products to access its Birkin and Kelly bags. Hermès argues that the plaintiffs, Tina Cavalleri and Mark Glinoga, misunderstand antitrust laws and fail to meet legal requirements. They assert the plaintiffs incorrectly define the market, improperly identify the tied products, do not show Hermès excludes competitors, and fail to establish Hermès' monopoly power. Hermès concludes that these points invalidate the Sherman Act claims and related California law claims. SADER Legal (since 1863) #fashionlawarabia #Hermès #Antitrust #Lawsuit #BirkinBag #KellyBag #LuxuryGoods #ShermanAct #MarketPower #Monopoly #LegalCase

Fashion brand Esprit filed for #insolvency under self-administration yesterday for its European business. This is the fashion brand's second insolvency in four years. The operation with 1,500 employees will continue until further notice. The aim for the insolvency under self-administration is to restructure Esprit's European business, which is largely managed from Germany, and to reposition it for the future. To this end, all options for viable future solutions will be explored quickly. Before the insolvency application was submitted, Esprit reported that negotiations were held with an investor, allegedly that would be the British financial investor Alteri, which also owns the CBR Group with the labels Street One and Cecil. This investor had expressed interest in significant parts of the assets of the Esprit companies as part of a continuation concept. Negotiations regarding the acquisition of the trademark rights for Europe by this investor would already be at an advanced stage. As a supplier, it is extremely important to properly claim your rights and to determine your legal position, especially regarding a retention of title. A number of creditors have already contacted us and are being serviced by our own legal department and lawyers in #Germany. #insolvency #bankruptcy #fashion #creditmanagement #retentionoftitle #tradecreditinsurance IAF: International Apparel Federation | TGSD Türkiye Giyim Sanayicileri Derneği | Danish Fashion & Textile | Creamoda Belgian Fashion | MODINT | GermanFashion Modeverband Deutschland | Gesamtverband der deutschen Textil- und Modeindustrie e.V.

Fashion Law is a comparative guide providing answers and insight into the law around the business of fashion in 20 jurisdictions around the world. I am honored to contribute to the Mexico chapter.

Being at the forefront of what happens in the fashion law universe is one of our premises. This year, Mansur Murad participated in events with such content around the world. Our partner, Flavia Mansur Murad Schaal, attended the Luxury Law Summit in New York and Isadora Schumacher Jeong in London reinforcing our commitment to innovations, technology, and intellectual property within brands. Check out New York’s impressions of the event this last month, as well as the link to our article for The Global Legal Post, along with our associate and responsible for the London Hub, Isadora. 💡 There are platforms for women in the media and entertainment segments. 💡 Celebrities serve as a means to represent the future when it comes to luxury brands. This type of consumption values design, materials, and a sense of exclusivity. 💡Digital transformation: the overhaul is complete – from AI, customer experience, concern for sustainability, to the distribution chain. 💡 E-commerce is moving at an extremely rapid pace. Brands are facing cyber-attacks and collective actions/class actions. 💡 The lingering questions: How can brands surprise customers? Make them comfortable? Save time and provoke interaction with products? Are celebrities promoting products on social media truly aligned with the new values of brands? 💡 a taste of art by the hands of Basquiat, powered by Michael Holman. The mother of the fashion lawyers, the enchanting Barbara Kulson, was moderating the event in NY. Link: https://lnkd.in/d5xrmuwS #MansurMurad #NYLuxurySummit #Trademarks #IntellectualProperty #DataPrivacy

This week, William (Bill) S. Wu, Partner in our Competition Law practice, made an appearance on CTV Your Morning to shed light on a legal development that's stirring up conversations in the luxury retail sector.   A class action lawsuit has been launched against Hermès in California, alleging that the company operates contrary to competition laws by restricting sales of its Birkin bags to only the brand's highest spenders.    Wu provides insight into the lawsuit, including what must be proven for the lawsuit to be successful.   Watch more here: https://bit.ly/43AKFeT #competitionlaw #classaction #mcmillaninthenews

I am delighted to share the publication of my paper, “Fashion from shoes to bags: How Intellectual Property Law changes the game in the ruthless world of fashion – Intellectual property in the EU Fashion law with hints of Italian fashion and economy” recently published in the journal of Comparative Law Working Papers of the Faculty of Law and Political Sciences at the University of Szeged. I am incredibly grateful for the academic opportunity I have undertaken and want to express my sincere thanks to my professor, Peter Mezei. His expert guidance and support were instrumental in writing my paper regarding the ever-evolving world of Intellectual Protection. In the paper I delve into the social purpose of fashion and its intersection with intellectual property (IP); fashion is, in fact, a mirror that reflects society's values, and my analysis emphasizes the critical role of IP in preserving the authenticity and creativity that drive meaningful conversations within the industry. After an introductory section on the main tools of EU protection, the article meanders through the challenges facing the fashion industry, from the pervasive problems of counterfeiting, parasitic competition, and the paradox of piracy to the specific challenges encountered by the iconic "Made in Italy" industry. Examining notable cases such as Louboutin's iconic red sole, Bottega Veneta's widespread "Intrecciato," and the legal nuances of Supreme Italia v. Supreme New York. I invite you to delve deeper into this nuanced and interesting topic by accessing the full paper https://lnkd.in/dPP7qKu7 #FashionLaw #IntellectualProperty #UniversityofSzeged #FashionandLaw

I know law. And I know luxury bags. Read my discussion of the Hermès lawsuit here!

👛 Intellectual Property Partner Karen Artz Ash and Associate Cynthia Martens authored an article for Bloomberg Law on the recent case brought against Hermès by two California residents alleging the luxury brand violates US antitrust law by requiring customers to buy other company products before they can purchase a Birkin bag, which has become a highly sought-after status symbol. While “exclusivity matters” as a brand strategy, the authors emphasize that fashion companies should remember to seek antitrust counsel before exploring gatekeeping measures. Read more ⬇️ #Hermes #IPLaw #AntitrustLaw #Fashion

Explore the legal intricacies shaping the future of luxury. Chanel's litigation against What Goes Around Comes Around (WGACA) underscores the imperative of safeguarding brand integrity in an evolving market. Read more here: https://lnkd.in/gZ84J6Wy #luxurylaw #fashionindustry #chanel #WGACA #trademarkbattle

Explore the legal intricacies shaping the future of luxury. Chanel's litigation against What Goes Around Comes Around (WGACA) underscores the imperative of safeguarding brand integrity in an evolving market. Read more here: https://lnkd.in/gxfhPgvQ #luxurylaw #fashionindustry #chanel #WGACA #trademarkbattle