The $375 billion fashion industry is evolving and ever-changing, positioning itself within the context of global expansion and the rising use of the Internet. Companies that manufacture, design, market, source and sell all lines of clothing, jewelry and luxury goods are focusing on keeping their core brand identities intact while they grow, expand into new markets or consolidate.
To keep up with global expansion, bottom lines and ever-changing trends, retailers, manufacturers, designers and executives are shifting their focus to new business strategies that include international expansion, consolidation, overseas production and fast product turnaround. There are many alternatives and measures that are needed to protect core brands and keep up with the many new strategies and business and licensing plans. The attorneys in the Fashion Law Practice can help you protect your intellectual property and brand identity by focusing on your industry-specific needs.
With this in mind, our clients’ goals include the clearance, securing, protection and exploitation of their brand identity and intellectual property including:
- Business names
- Trademarks
- Service marks
- Trade names
- Brand names
- Logos
- Designs
- Copyrights
- Patents
- Proprietary technology
- Software
- Trade secrets
Domestic and International in Scope
A company’s branding needs include domestic and foreign intellectual property protection and exploitation. As cross-continental expansion has increased, companies are expanding their stores and brand portfolios through acquisitions, while at the same time, many companies have become prime takeover targets. In addition, many U.S. manufacturers are moving production overseas and implementing different types of global licensing strategies.
Internet and Apparel
Online sales of apparel in the United States doubled to $5.9 billion in 2000, from $2.9 billion in 1999, and are expected to continue to climb. Companies and designers are creating their own Internet presence and need our assistance with all areas, including: software agreements, contracts with internet designers and providers, disclaimers and copyright notices, copyright protection, consent agreements, proper use of photos, and sponsorship agreements. In addition, assistance is needed to monitor, enforce and protect against unauthorized sale of products, defamation, domain infringements, false advertising and unfair competition claims.
Proactive Protection
The Fashion Law Practice features the cumulative knowledge from our intellectual property, franchising, licensing and distribution, media and internet and litigation attorneys who, working side by side within the industry, provide you with the same resources and services offered to all of our clients. We implement our services to our clients through a variety of services, including:
Searches. Our wide variety of searches include in-house trademark searches, extensive patent and trademark searches and ownership searches.
Filings with Patent, Trademark and Copyright Offices. We prepare and file foreign and domestic patent, trademark and copyright applications.
Management and monitoring of intellectual property. We maintain an extensive and thorough in-house database and docketing system.
Licensing and license agreements. We draft, negotiate, implement and administer all types of agreements, including transfer, sponsorship, endorsement, distribution, sourcing, consulting, retail store and in-store, export customer, manufacturing and all other commercial agreements.
Investigation. We protect your rights and help you avoid the infringement of other’s rights through extensive searches and investigations, preparation of notice letters, commencement of litigation, and recordation of IP rights with U.S. Customs. In addition, we provide anti-counterfeiting investigation, enforcement and litigation (civil and criminal). Our investigatory resources include a worldwide network of investigators and contacts with law enforcement and government agencies (e.g., U.S. Customs, FBI, NYPD, RCMP). Furthermore, we conduct internet investigation and research, including domain name enforcement and registration.
Assistance in Due Diligence relating to Mergers, Acquisitions, Financing Arrangements, Bankruptcy and Reorganization. We review, investigate and research your intellectual property portfolio, reviewing existing agreements, record proper title and security interests and prepare all related documents. We represent companies both within bankruptcy and in connection with acquiring assets from bankrupt entities.
Sweepstakes and contest issues. We handle all related secondary issues for our clients that arise from sweepstakes and contests, giveaways and promotions.
Representative Transactions
- Structuring of intellectual property, including holding companies and trusts
- Creation, development, implementation and administration of licensing, servicing, manufacturing and other commercial agreements
- Represented a major apparel manufacturer and retailer in a high profile matter involving licensing arrangements with a designer label
- Represented a major apparel manufacturer and retailer in complex bankruptcy filing and reorganization