The Business and Law of Fashion and Retail
Kolsun Hand Business and Law of Fashion and Retail.indb 1 7/1/20 9:10 AM Kolsun Hand Business and Law of Fashion and Retail.indb 2 7/1/20 9:10 AM The Business and Law of Fashion and Retail
Barbara Kolsun Director, The FAME Center for Fashion, Arts, Media and Entertainment Law, Cardozo School of Law, Yeshiva University Professor of Practice, Cardozo School of Law, Yeshiva University
Douglas Hand Partner, Hand, Baldachin & Associates LLP Adjunct Professor of Fashion Law, NYU School of Law, Cardozo School of Law, Yeshiva University
Carolina Academic Press Durham, North Carolina
Kolsun Hand Business and Law of Fashion and Retail.indb 3 7/1/20 9:10 AM Copyright © 2020 Carolina Academic Press, LLC All Rights Reserved
LCCN: 2020939115 ISBN: 978-1-5310-1619-7 eISBN: 978-1-5310-1620-3
Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www. cap - press . com
Printed in the United States of America
Kolsun Hand Business and Law of Fashion and Retail.indb 4 7/1/20 9:10 AM The co-editors would like to express special gratitude to Simone A. Dvoskin and Nabeela M. Hanif for their enormous contributions in making this casebook a success.
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The co-editors would like to thank the following contributors for their work and research on the casebook: Anna Antonova Julianne Bagley Lauren Bass Anabela Bello Nikki Breeland Andrea W. Dorado Emily Faro Katherine Joseph Rebecca Kravitz Daphne Lazar Jessica Mauceri Maya Rand Katie Riley Jolie Schenerman George C. Sciarrino Filippa Olsson Skalin Kristina Stanković Mona Zeitoun
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About the Editors xxi About the Authors xxiii Introduction to Fashion Law 3 A. Defining the Scope of and Need for Fashion Law 3 B. Fashion Lawyers Must Wear Many Hats 5 C. Cases and Materials 8 1. The Fashion Industry and Legal Scholarship 8 The Law, Culture, and Economics of Fashion 8 Intellectual Property Law and the Sumptuary Code 16 The Piracy Paradox Revisited 19 D. Conclusion 41 Chapter 1 · Formation, Fashion Finance, and Mergers and Acquisitions 43 A. Forming the Company 43 1. Introduction 43 2. Sole Proprietorship 44 3. Partnership 44 4. Corporations 45 5. C- Corporations and S-Corporations — Tax Considerations 46 6. B-Corporations 46 7. LLCs 47 8. Conclusion 48 Notes 48 B. Financing the Company 48 1. Introduction 48 2. Debt and Equity Financing 49 a. Debt Financing 49 b. Equity Financing 51 c. Initial Public Offering 53 d. The Challenge for Eponymous Brands 55 e. Factoring 57 Notes 58 C. Mergers and Acquisitions 59 M&A and Fashion: If the Deal Fits — Buy It! 59
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1. Strategic Development — The Process Before the Process 61 a. Synergies 61 b. Cautionary Tales 64 c. Growth Strategies 65 d. Culture and Other Considerations 69 2. Valuing the Deal 70 a. Overview of Valuation Methods 70 b. Due Diligence Process 72 i. IP Due Diligence 74 ii. Designer Diligence 75 3. Structuring Considerations 77 a. Overview of Traditional Structures 77 i. Asset Acquisition 77 ii. Stock Acquisition 78 iii. Mergers 79 b. Licensing and Joint Ventures as M&A 80 i. Licensing 81 ii. Joint Ventures 82 c. Some Tax Considerations 84 4. Negotiation, Documentation and Closing 85 a. Nondisclosure Agreement/Letter of Intent 85 b. Negotiation Considerations 86 c. Transaction Agreement 86 i. Risk Allocation — Representations and Warranties 87 ii. Ongoing Covenants 88 d. Employment Agreements in M&A 88 i. Eponymous or Lead Designer’s Employment Commitment 88 ii. Creative Control 90 iii. Noncompetes 91 e. The Closing 92 5. Post- Closing Integration 93 a. Ele ments of an Effective Integration Plan 94 i. Assign a Dedicated Team, Backed by Executive Support, to Manage the Integration Program 95 ii. Plan for Workforce Integration and Create a Retention Strategy for Key Personnel 96 iii. Address Perceived Impact on Customer Base 97 b. Success or Failure? 97 Notes 98 Chapter 2 · Sustainability and the Fashion Industry 99 A. Sustainability Basics 100 1. Systems Thinking 100 2. Company Valuation and the Six Capitals 100
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3. The Role of Legal Counsel 102 B. Key Sustainability Issues for the Fashion Industry 103 1. Managing the Supply Chain 103 2. Working Conditions and Human Rights 105 3. Efficient Use of Energy, Water, and Chemicals 106 C. Growing Stakeholder Pressure 109 1. Shifting Consumer Preferences 110 2. Disruptive Innovators 110 3. Investor Pressure and Access to Capital 112 4. Putting Sustainability on the Corporate Agenda 114 D. Frameworks for Addressing Sustainability 116 1. Three Stages of Corporate Sustainability 116 2. Industry Leadership and Collaboration 120 E. Conclusion 122 Chapter 3 · International Trade 123 A. History 123 1. U.S. Customs Service — History 123 2. U.S. Customs and Border Protection — The Agency Today 124 3. The Role of the Department of Commerce — International Trade Administration 125 4. The Role of U.S. International Trade Commission in Trade and Fashion 125 5. The Role of the U.S. Trade Representative in Trade and Fashion 126 a. Section 301 126 b. How Section 301 Tariffs Can Affect Fashion — The United States-China Trade War 127 B. Importing Goods into the United States 127 1. Importer of Record 128 2. Reasonable Care 128 3. Customs Brokers 129 4. Classification of Imported Goods 130 5. Valuation of Imported Goods 133 6. Import Duties 134 7. Valueless or Damaged Goods 135 8. Country of Origin of Imported Merchandise 135 a. Import Declarations 135 b. Preferential Treatment 137 c. Marking and Labeling 138 9. Supply Chain Considerations and Forced Labor 138 C. Other Government Agency Laws and Regulations 140 D. Administrative Penalties 141 E. Litigation 142 F. Conclusion 143
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Chapter 4 · Copyright Law 145 A. A Bit of Copyright Theory 145 B. What Copyright Law Protects 147 1. Criteria of Copyrightability: Fixation and Originality 147 2. Limitations on Copyrightability: Idea/Expression and Useful Articles 150 a. Ideas versus Expressions 150 b. The Useful Articles Doctrine 151 Star Athletica, LLC v. Varsity Brands, Inc. 155 Notes 172 C. Congratulations! You’ve Cleared the Threshold. What’s Next? 174 1. Copyright Ownership and Duration 174 2. Infringement 175 a. Copying- In- Fact 175 Ty, Inc. v. GMA Accessories, Inc. 176 Notes 179 b. Unlawful Appropriation 180 Tufenkian Import/Export Ventures, Inc. v. Einstein Moomjy, Inc. 180 Nola Spice Designs, LLC v. Haydel Enterprises 185 Bill Diodato Photography, LLC v. Kate Spade, LLC 189 Notes 199 D. Limitations on Copyrights — The First Sale Doctrine and Fair Use 199 1. The First Sale Doctrine 199 2. Fair Use 200 Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC 201 Notes 203 Chapter 5 · Trademark 205 A. The Importance of Trademarks in Fashion 205 B. Choosing and Registering a Trademark 206 20th Century Wear, Inc. v. Sanmark-Stardust Inc. 206 Notes 213 1. Trademark Searches and Willful Infringement 213 International Star Class Yacht Racing Ass’n v. Tommy Hilfiger, U.S.A., Inc. 214 Notes 219 2. Priority Disputes Between Commercial Use and Registration 220 Zazú Designs v. L’Oréal, S.A. 220 Notes 227 C. Eponymous Brands 228 1. Registration Issues 228 2. Use of a Name Similar to a Famous Trademark 229 Gucci v. Gucci Shops, Inc. 229 Notes 238
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3. Losing the Right to Use One’s Name 239 JA Apparel Corp. v. Abboud 239 Notes 259 The Designer Formerly Known As . . . : Intellectual Property Issues Arising From Personal Names as Fashion Brands 259 D. Product Design and Trade Dress Trademarks 277 1. Apparel Design as Trade Dress 277 Wal-Mart Stores, Inc. v. Samara Bros., Inc. 277 Notes 282 2. Functionality 282 Adidas-Salomon AG v. Target Corp. 283 Note 287 3. Color Trademarks and Aesthetic Functionality 287 Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc. 287 Notes 297 E. Determining Trademark Infringement 297 1. Multi- Factor Analysis: The Polaroid Factors 298 Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co. 298 Notes 309 2. Trade Dress Infringement 310 Coach Leatherware Co. v. AnnTaylor, Inc. 310 Notes 318 Gucci America, Inc. v. Guess?, Inc. 319 Notes 337 Louis Vuitton Malletier SA v. Haute Diggity Dog, LLC 337 Notes 349 Hard Candy, LLC v. Anastasia Beverly Hills, Inc. 350 Notes 356 Levi Strauss & Co. v. Abercrombie & Fitch Trading Co. 357 Note 368 F. The Defense of Parody in Fashion Law Cases 368 Coca-Cola Co. v. Gemini Rising, Inc. 369 Note 376 Gucci Shops, Inc. v. R. H. Macy & Co. 376 Notes 378 Jordache Enterprises, Inc. v. Hogg Wyld, Ltd. 379 Note 389 Tommy Hilfiger Licensing, Inc. v. Nature Labs, LLC 389 Notes 402 Louis Vuitton Malletier, S.A. v. My Other Bag, Inc. 402 Notes 404 MGA Entertainment, Inc. v. Louis Vuitton Malletier, S.A. 405 Notes 410
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Chapter 6 · Design and Utility Patents 411 A. Patents in General 411 B. Design Patents 413 1. Design Patent Infringement 414 High Point Design, LLC v. Buyer’s Direct, Inc. 414 Notes 423 C. Utility Patents 424 1. Utility Patent Infringement 425 QR Spex, Inc. v. Motorola Inc. 426 Notes 436 2. Alternative Recourse: ITC 437 Crocs, Inc. v. International Trade Commission 438 Notes 445 Chapter 7 · Counterfeiting and Gray Market Goods 447 A. Introduction 447 B. Laws Governing Counterfeiting 448 1. Federal Laws Relating to Counterfeiting 448 2. Civil Seizure 452 Cartier International B.V. v. Ben-Menachem 453 Notes 462 3. Support of Government Agencies 463 Gucci America, Inc. v. Duty Free Apparel, Ltd. 464 Fendi Adele, S.R.L. v. Ashley Reed Trading, Inc. 467 Notes 470 Coach, Inc. v. Fashion Paradise, LLC 471 Notes 475 4. Importation, Smuggling, and Trafficking 475 United States v. Chong Lam 477 Notes 486 5. State Laws 487 6. The Gray Market and the First Sale Doctrine 488 Zino Davidoff SA v. CVS Corp. 489 Notes 496 7. The International Trade Commission as a Venue 497 In re Certain Handbags, Luggage, Accessories and Packaging Thereof 497 8. Third- Party Liability: Indirect Infringement and Counterfeiting 503 a. Suits Against Landlords/Flea Market Owners 503 Coach, Inc. v. Goodfellow 504 Notes 509 Gucci America, Inc. v. Frontline Processing Corp. 510 Notes 520 Tiffany (NJ) Inc. v. eBay Inc. 521
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Notes 532 C. Ethical Issues — Use of Private Investigators 533 Rolex Watch, U.S.A., Inc. v. Michel Co. 535 Note 538 D. Suits against ISPs 538 Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. 538 E. Real Property Law and Anticounterfeiting 543 Omega SA v. 375 Canal LLC 544 1165 Broadway Corp. v. Dayana of N.Y. Sportswear, Inc. 544 Note 547 F. The Future of Anticounterfeiting and the Internet 548 North Face Apparel Corp. v. Fujian Sharing Import & Export Ltd. 548 Gucci America, Inc. v. Weixing Li 551 Atmos Nation LLC v. Alibaba Group Holding Ltd. 567 Cepia, L.L.C. v. Alibaba Group Holding Ltd. 575 G. Conclusion 584 Chapter 8 · Fashion Licensing and Collaborations 585 A. Introduction 585 1. Valuable Brand — The Bedrock of Licensing and Collaborations in the Fashion Industry 586 a. Design Services Agreements 587 b. License and Distribution Agreements 588 c. Intercompany License Agreements 588 d. Collaboration and Influencer Agreements 589 B. Why License? 590 C. Peeling Back the Onion — A History: The Phenomenon of Licensing in the Fashion Industry 592 Wood v. Lucy, Lady Duff-Gordon 594 Notes 595 D. Fashion Licensing and Brand Integrity: The Perils — From Class to Mass 596 E. Choosing a Licensing Partner — Wisely 599 Calvin Klein Trademark Trust v. Wachner 600 Notes 606 F. New Kids on the Block — Brand Management and Licensing Companies 607 G. The Art of Drafting a License Agreement 610 1. License Grant and Rights Reserved by Licensor 616 2. Term 619 3. Design, Approval, Production Process, and Quality Control of Licensed Products 619 4. Advertising, Marketing, and Promotion 621
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5. Sales and Distribution of Licensed Products 622 6. Compensation, Reporting, and Audit 623 7. Termination — Cause and Effect 625 8. Retail Store License Agreement 628 9. Intellectual Property 630 10. Repre sen ta tions and Warranties 631 11. Indemnification/Insurance 632 12. Other Provisions 632 H. The Paradigm of Naked Licensing 633 Eva’s Bridal Ltd. v. Halanick Enterprises, Inc. 635 Notes 637 I. Bankruptcy in the Fashion Industry: The Fate of a Licensing Arrangement 639 Mission Product Holdings, Inc. v. Tempnology, LLC 640 Notes 651 J. Licensing Disputes: A Licensee’s Perspective 652 Levy Group, Inc. v. L.C. Licensing, Inc. 652 Notes 656 Jones Apparel Group, Inc. v. Polo Ralph Lauren Corp. 657 Notes 660 Macy’s, Inc. v. J.C. Penney Corp. 661 Notes 678 K. Collaborations in the Fashion Business 679 1. The Quintessential Collaborator: Sarah Jessica Parker: From Actor to Lifestyle Brand 682 2. Influencers: The Next Frontier of Collaborations in the Fashion Industry 683 3. IP Rights in Collaboration Deals — How to Draft the Appropriate Agreement 685 Grande-Butera v. Forever 21, Inc. 686 Notes 697 L. What Will the Future Bring? 698 Chapter 9 · Advertising 701 A. Introduction 701 B. What Constitutes Advertising? 701 C. Regulatory Framework Governing Fashion Advertising 702 1. Claims 702 a. Express Claims 703 b. Implied Claims 703 c. Puffery 704 Coty, Inc. (Sally Hansen Complete Manicure) 704 Notes 716
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2. Per for mance Demonstrations 716 Ontel Products Corp. (Pink Armor Nail Gel) 717 Notes 725 3. Other Advertising Claims 725 a. Wool Products Labeling Act 725 b. Labeling and Advertising Cotton Products 726 c. Sustainability and Green Products 726 United States v. Nordstrom, Inc. 727 Notes 734 d. CAN- SPAM 734 e. Care Labeling 734 United States v. Tommy Hilfiger U.S.A., Inc. 735 Consent Decree 737 Notes 740 f. Made in the USA Standard 740 Paz v. AG Adriano Goldschmied, Inc. 741 Final Judgment and Injunction 750 Notes 752 g. Feather or Down Products 753 h. Fur Products Labeling Act (Fur Rules) 753 In re Neiman Marcus Group, Inc. 754 Notes 761 Humane Society of the United States v. Andrew & Suzanne Co. 762 Notes 776 4. Native Advertising 776 In re Lord & Taylor, LLC 777 Notes 785 American Media, Inc. (Shape Water Boosters) 785 Notes 789 D. Creating and Clearing Content for Marketing Campaigns 789 1. Copyright, Trademark, and Unfair Competition 790 Louis Vuitton Malletier, S.A. v. Hyundai Motor America 790 Notes 820 2. Right of Publicity 821 Heigl v. Duane Reade, Inc. 821 Notes 830 Kim Kardashian West v. Missguided Ltd. 830 Default Judgment 839 Notes 839 3. Talent/Union Issues 839 E. Influencer and Social Media Marketing 840 Letter from FTC to Cole Haan 841 Notes 843
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Letter from Public Citizen, Commercial Alert, Campaign for a Commercial-Free Childhood and Center for Digital Democracy to the Federal Trade Commission 843 Notes 846 Gregory M. Messer, as Chapter 7 Trustee of the Estate of Fyre Festival LLC v. Kendall Jenner Inc. 847 Notes 860 Disclosures 101 for Social Media Influencers 860 F. Collection of Information and Privacy Considerations 862 1. COPPA and Marketing to Children 862 2. Federal and State Regulatory Framework for Privacy 863 G. Conclusion 863 Chapter 10 · Employment Law Issues in Fashion 865 A. Introduction 865 B. Overview of Discrimination Laws 865 1. Title VII of the Civil Rights Act of 1964 865 2. The Pregnancy Discrimination Act 866 3. The Age Discrimination in Employment Act of 1967 867 4. Americans with Disabilities Act 867 5. Requirement to Exhaust Administrative Remedies 868 6. The Equal Pay Act of 1963 869 7. The Family and Medical Leave Act 869 C. Discrimination Case Studies 870 1. Sexual Harassment Case Study 870 Mendez-Nouel v. Gucci America, Inc. 870 Notes 882 2. Employer Dress Code Policies Case Studies 883 Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. 883 Note 886 Schiavo v. Marina District Development Co. 887 Notes 904 D. Noncompete Provisions in Employment Contracts 905 1. Noncompete Case Study 905 Estee Lauder Cos. v. Batra 905 Notes 925 E. Wage and Hour Compliance 926 1. Wage and Hour Case Studies 926 Luna v. Chanel, Inc. 926 Otsuka v. Polo Ralph Lauren Corp. 934 Notes 943
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Chapter 11 · Privacy 945 A. Introduction 945 B. What Is Personal Information? 945 C. What Are Fundamental Privacy Concepts? 946 Fashion Law in Practice: FIPPs 946 D. U.S. Federal Privacy Laws 947 1. Section 5 of the FTC Act 947 a. Misrepresenting or Insufficiently Disclosing How the Company Collects, Uses, or Shares Personal Information 948 In re Sears Holding Management Corp. 949 Notes 953 b. Using or Sharing Personal Information for a New Purpose without Obtaining Consumer Consent 954 c. Circumventing Consumers’ Privacy Settings 954 In re Nomi Technologies, Inc. 954 Notes 957 d. Misrepresenting a Company’s Data Security Standards or Practices 957 2. Marketing 958 Sample Notice and Consent for Sending Marketing Text Messages 960 3. The Children’s Online Privacy Protection Act 960 United States v. Iconix Brand Group 962 Notes 966 4. The Health Insurance Portability Accountability Act 967 5. The Fair Credit Reporting Act 967 E. U.S. State Privacy Laws 968 1. Comprehensive Consumer Privacy Laws 968 2. Breach Notification Laws 971 Fashion Law in Practice: Breach Readiness 972 3. Data Security Requirements 973 California v. Target Corp. 974 Notes 975 4. Privacy Notice Requirements 975 5. Laws Regulating Information Collection at the Point of Sale 979 Harrold v. Levi Strauss & Co. 979 Notes 985 6. Biometrics Laws 986 F. General Data Protection Regulation (GDPR) 987 Fashion Law in Practice: GDPR Compliance 988 G. Laws and Regulations Related to Targeted Advertising and Analytics 989
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1. Regulation of Display Advertising in the United States 990 Fashion Law in Practice: FTC Enforcement Regarding Online Tracking 990 2. Regulation of Display Advertising in the E.U. 992 3. Self-Regulatory Rules Governing Online Advertising and Tracking 993 Chapter 12 · International Issues 995 A. Initial Steps Before Going Beyond the United States of America 995 1. Trademarks — “First to File” 995 Fashion Law in Practice: Case Study 996 2. Disclosure of Designs 996 Fashion Law in Practice: Case Study 996 B. Protection of Intellectual Property Internationally 997 1. Trademark Protection 997 a. Trademark Clearance Searches 997 b. International Trademark Filings 997 c. Nontraditional Trademarks 999 Fashion Law in Practice: Case Study 999 2. Design Protection 999 a. Disclosure 999 b. Unregistered Design Protection in the European Union/ United Kingdom 1000 Fashion Law in Practice: Case Study 1000 c. International Variations 1001 d. Hague Convention 1001 Fashion Law in Practice: International Design Strategy Checklist 1002 Fashion Law in Practice: Illustration 1002 C. Ownership of Employment-Generated Intellectual Property 1002 1. Not “At Will” Employment 1002 2. Employee- and Employer-Owned Intellectual Property 1002 3. In de pen dent Contractors and Agencies 1003 4. Importance of Written Assignments, Formalities 1003 D. Anticounterfeiting 1003 1. Customs Programs 1003 2. Legal Reforms 1004 3. E-Commerce Anticounterfeiting Programs 1004 E. Contracts 1005 1. Governing Law and Jurisdiction 1005 2. Choice of Court and Enforcement of Judgments 1006 3. Location of Counterparty 1006 4. Ser vice 1006 5. Enforcing Judgments in Other Jurisdictions 1007 6. Who Will Sue Whom? 1007
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7. Home Advantage 1007 8. Subject Matter of Dispute 1007 9. Remedies 1008 10. Costs 1008 11. Types of Jurisdiction Clause 1008 12. Terms 1008 13. Express and Implied Terms 1009 14. Contracting Out/Excluding Terms 1009 F. E-Commerce and Consumer Law 1010 1. Website Requirements (Non-Transactional) 1010 2. Distance Selling Requirements (Transactional Website) 1010 3. Canceling “Online” Orders 1011 4. Localization for Sales into Overseas Countries 1011 5. General Data Protection Regulation (GDPR) 1012 G. Promoting and Marketing Your Brand 1012 1. Regulation of Marketing 1012 2. Localized Accounts and Operation on Social Media 1013 3. Regulation of Influencers 1013 H. Corporate Citizenship 1014 1. Modern Slavery and Ethical Supply Chain Regulations 1014 Fashion Law in Practice: Case Study 1015 2. Anti-Bribery and Corruption Regulation 1016 I. Distribution and Licensing 1017 1. Introduction to Distribution in the European Economic Area 1017 2. Resale Price Maintenance 1018 3. Territorial Restrictions 1019 4. Online Sales Restrictions 1020 5. Customer Restrictions 1020 6. Selective Distribution Systems 1021 7. Franchises 1021 8. Agency 1021 9. Using a Combination of Distribution Models 1022 Table of Cases 1023 Index 1027
Kolsun Hand Business and Law of Fashion and Retail.indb 19 7/1/20 9:10 AM Kolsun Hand Business and Law of Fashion and Retail.indb 20 7/1/20 9:10 AM About the Editors
Barbara Kolsun is a Professor of Practice at Cardozo School of Law, Yeshiva University, and is also the Director of The FAME Center for Fashion, Arts, Media and Entertainment Law at Cardozo School of Law, the first law school program providing training and development opportunities relating to the representation of businesses driven by the creative process. She has been a leading fashion industry attorney for 35 years, and was also co-editor of the first handbook on Fashion Law,Fashion Law: A Guide for Designers, Fashion Executives and Attorneys (Bloomsbury, 2010, 2014), and the first casebook on Fashion Law,Fashion Law: Cases and Materials (Carolina Academic Press, 2016). She developed the first joint JD/MBA course in Fashion Law and Business at New York University and has also taught at Fordham Law School and guest lectured at dozens of law schools and fashion schools. She started the legal departments at three “startups”—Kate Spade, Seven for All Mankind and Stuart Weitzman and was the first General Counsel at all three companies. She was Assistant GC at Calvin Klein Jeans and Westpoint Stevens and has probably been through more mergers than most lawyers in the fashion business. While in private practice, her clients included Tommy Hilfiger and Ralph Lauren, and currently she continues to consult with fashion companies on various issues. She has chaired and been a regular speaker at the Luxury Law Summit in New York and London for several years. She has been honored with lifetime achievement awards in 2015 by the Luxury Summit and the World Trademark Forum, and another lifetime achievement award from the Women in Law Empowerment Forum. She has also served as Chairman of the Board of the International Anticounterfeiting Coalition and has spoken and published widely on fashion law around the world.
Douglas Hand is a Partner at Hand, Baldachin & Associates, LLP in New York and an Adjunct Professor at NYU Law School (where he also sits on the Fashion & Luxury Council) and Cardozo School of Law, Yeshiva University (where he also sits on the Board of Advisors for The FAME Center for Fashion, Arts, Media and Entertainment Law). He is also the Secretary and Board Member of the Fashion Institute of Technol- ogy (FIT) Foundation and a member of the CFDA Fashion Awards Guild. Douglas’ experience in the fashion and retail world has led him to counsel global brands such as Everlane, Rag & Bone, Stella McCartney and Zadig & Voltaire. His book, The Laws of Style, was published by the American Bar Association in 2018 and he hosts a pod- cast of the same name.
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Catherine Adam is a Partner at K&L Gates in London where she specializes in commercial contracts, advising fashion clients from start-ups to global brands as well as having a particular specialism in logistics for e-commerce. She was recently named a “Next Generation Partner” for Commercial Contracts by the Legal 500. Catherine studied Law & Business Studies at the University of Edinburgh and has worked in London, Milan, New York and Luxembourg and brings this international outlook and experience to her clients for whom she provides complex yet user friendly commercially driven advice.
Arthur Artinian is a Partner at K&L Gates in London and head of the IP and Technology Group. He is an internationally recognized intellectual property lawyer, representing numerous iconic brands, including leading fashion, luxury and retail brands, in complex cross-border IP counselling, litigation, enforcement and transactional matters. His work has been recognized in a number of publications including Chambers, Legal 500, World Trademark Review, World IP Review Leaders, Who’s Who, and Client Choice. He holds bar registrations in the UK, Ireland, Belgium, and Australia and has worked in London, New York, Tokyo, and Sydney.
Robertson D. Beckerlegge is a Partner in the New York office of Baker & Hostetler LLP focusing on litigation, brand protection, and anticounterfeiting. Whether online or brick and mortar, he works with numerous brands to help protect their invaluable IP.
Christopher Buccafusco is Professor of Law and Director of the Intellectual Property and Information Law Program at Cardozo School of Law, Yeshiva University.
Nancy S. Cleveland, now retired, was a private practice lawyer for many years before she co-founded Sustrana LLC, a sustainability management software and consulting company in 2009. Nancy became an accredited FSA II (SASB) and LEED® AP and was trained in GRI reporting and as a TSC Service Provider to better support her career in sustainability management. For several years, she co-chaired the Governance and Sustainability sub-committee of the American Bar Association’s Business Law Section.
Barry Lewin is a Partner at Gottlieb, Rackman & Reisman, P.C., an Intellectual Property boutique in New York. He is a licensed patent attorney and has been practicing patent law and advising domestic and foreign fashion and technology clients for over a decade.
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Miriam Farhi is a Partner in the Technology Transactions & Privacy practice at Perkins Coie LLP. She represents brands, retailers, and online marketplaces on issues relating to privacy, data security, ecommerce, social media, advertising, consumer protection, and the adoption of new technologies that transform the retail experience.
Frances P. Hadfield is a Counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on customs litigation and regulatory compliance and she regularly advises corporations on matters involving customs compliance, audits, forced labor, customs enforcement, as well as import penalties.
Meredith Halama is a Partner in Perkins Coie’s Privacy and Data Security group and co- chairs the firm’s Ad Tech and Data Management group. She counsels ad technology com- panies, publishers, and retailers on privacy matters, including self-regulatory obligations and compliance with federal and state laws governing the collection and use of data.
Sherry L. Jetter is considered to be a pioneer in the establishment of the field of fash- ion law. She has practiced law in the fashion and retail industries for over 30 years, founded and held leadership positions in legal departments of the foremost luxury brands, and is currently an Adjunct Professor at Cardozo School of Law, Yeshiva Uni- versity and in private practice specializing in intellectual property, global licensing and commercial transactions.
Ted Max is a Partner at Sheppard Mullin Richter & Hampton in New York who leads its Fashion Apparel and Beauty Industry Group and has counseled clients in the fashion and retail industries and has written and lectured extensively. He combines his skill and experience as a trial attorney with his knowledge of intellectual property and commercial law in assisting emerging designers and leading fashion and retail companies.
Tiffani McDonough Solomon is the Director, Senior Counsel, Employment & Litigation for Louis Vuitton with sole responsibility for managing labor and employment matters and litigation for all corporate offices, workshops and retail locations throughout the United States, Canada, Mexico, Central America, the Caribbean, and South America. In addition, she oversees the Louis Vuitton legal externship program and serves as the Senior Employment Counsel for Berluti LLC.
Olivera Medenica is a Partner at Dunnington Bartholow & Miller LLP and chairs its Fashion and Trademark Law Practice Groups. She has almost two decades of experience advising domestic and foreign businesses in fashion, retail, media and entertainment on transactional, litigation and arbitration matters.
Marc Reiner is the Head of the Intellectual Property Group at Hand Baldachin & Associates LLP where he represents a broad variety of fashion and retail clients. He has practiced trademark law for over two decades, including trademark prosecu- tion, licensing, litigation, anti-counterfeiting, and managing international trade- mark portfolios.
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Amanda Simpson is an international trade attorney who predominantly focuses on matters relating to customs and import compliance. She is passionate about helping her clients find practical solutions to complex issues from an import perspective, as well as identifying and implementing duty savings strategies.
Lee S. Sporn is Of Counsel at Olshan, Frome & Wolosky, having served as SVP Business Affairs & General Counsel at Michael Kors for 13 years, and in various capacities at Ralph Lauren for 11 years, after his career in private practice at Proskauer. With co-editor Barbara Kolsun and Dean Melanie Leslie, he was instrumental in the creation of the The FAME Center for Fashion, Arts, Media and Entertainment Law at Cardozo School of Law, Yeshiva University and continues to serve on its advisory board, and currently teaches Fashion Law at Penn and Villanova law schools. Lee is a contributor to Fashion Law: A Guide for Designers, Fashion Executives & Attorneys (Fairchild Books, 2014), was the co-editor of the seminal treatise Trademark Counterfeiting (Aspen Law & Business, 1999) and in May of 2016 he received the Lifetime Achievement Award at the Luxury Law Awards in London.
Julie Zerbo is the Founder and Editor-in-Chief of The Fashion Law (www. thefashionlaw.com), a modern media company that provides unique insight on and unparalleled access to the legal and business aspects of the rapidly evolving fashion and retail industries.
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