This episode features a very special guest, Erik Brunetti, founder of one of the most influential streetwear brands - Fuct. When Erik's trademark application for 'Fuct' was denied numerous times by the USPTO due allegedly being “scandalous and immoral,” he became impassioned and ended up taking his case all the way to the Supreme Court (alongside his attorney, John Sommers) winning the ultimate battle. Listen to his story here.
Episode time stamps:
(00:28) I provide a brief background and legal timeline of the Iancu v. Brunetti case, including audio clips from the oral argument of the Supreme Court hearing (8:08) Interview with Erik Brunetti
On this episode I discuss the recently imposed tariffs on goods from abroad, including a detailed tariff timeline, the impact the tariffs may have on the luxury fashion sector, namely, how these tariffs are likely to increase the demand for secondhand luxury goods.
At the end of the episode I provide a legal discussion and analysis on the recent update to the landmark secondhand luxury goods case Chanel v. What Goes Around Comes Around. Enjoy and thank you for listening!
Episode Notes:
"Ski fashion" is one the season's hottest trends, even for brands that previously had no ties to winter sports. I discuss the top luxury ski fashion brands, with a focus on Moncler, and then provide a discussion and my legal analysis on a recent lawsuit Moncler filed against 175 online-store defendants for trademark infringement (Moncler S.p.A. v. abc2688793 et al. 1:23-cv-05378). Enjoy and thank you for listening!
This episode is all about influencers, social media aesthetics and the "first of it's kind" lawsuit centering on the scope of protection attached to a personalized social media aesthetic. Enjoy and thank you for listening!
Episode Notes:
Gifford v. Sheil, 1:24-cv-00423 (W.D. Tex.)
This episode is all about the Chloe fashion house and it's recent comeback with the signature boho-chic style. I begin with a background of the Chloe fashion house and the Richemont luxury conglomerate which owns Chloe. Then I discuss some recent trademarks and patents owned by Chloe and I end the episode with a discussion of the French lawsuit Richemont v. Louis Vuitton which centers on the Alhambra (Richemont- owned Van Cleef & Arpels) jewelry design. Enjoy and thank you for listening!
This episode is all about the fast fashion industry which is on fire, both literally and figuratively, due to its popularity and the associated negative environmental impacts. I begin the episode with a synopsis of the fast fashion landscape, focusing on Zara and then discuss a slew of new legislation aimed at fast fashion. I conclude the episode with an overview of lawsuits involving Zara. Enjoy and thank you for listening!
This episode is all about the viral “underconsumption core” trend and how it relates to luxury fashion. I also discuss the most-wanted quiet luxury item, the Hermes Shadow Birkin and then provide an update and my legal analysis/discussion of the Hermes antitrust class action lawsuit filed in California In 2024. Enjoy and thank you for listening!
This episode is all about the recent changes at the Chanel fashion house, namely, the parting ways of artistic director, Virginie Viard with the Chanel fashion house. I discuss employment law, private vs. public company rules/regulations in both the United States and France as they relate to the Chanel fashion house and then provide a history of Chanel at the end of the episode. Enjoy and thank you for listening!
This is a special episode featuring Olga Florida, the founder of Swiss-based fashion line, Cosy Sunday. The Cosy Sunday fashion line debuted at Milan Fashion Week in February of 2024 and is focused on sustainability. On this episode we discuss Olga's inspiration for the fashion line, the challenges she faced along the way and the importance of me time in our fast paced world. Enjoy and thank you for listening!
Episode Notes:
1. https://cosysunday.com
This is a special episode featuring author, Alexandra Lange, who wrote one of my favorite books, Meet Me by the Fountain all about the inside history of shopping malls. We discuss our favorite mall architecture, current state of malls, future trends and much more! Enjoy and thank you for listening!
This episode is all about Hermes and the recent antitrust class action lawsuit filed in California alleging that Hermes is engaging in anticompetitive activities relating to the sale of the Hermes Birkin handbags. I provide my legal analysis and discussion on the lawsuit which includes Hermes' alleged practice of requiring customers to spend thousand on ancillary products before obtaining an opportunity to purchase a Birkin bag.
Episode Notes:
1. Cavalleri v. Hermes, N.D. Cal., No. 3:24-cv-01707, 3/19/24.
This episode is a deep dive into the recent legal battle that Chanel won against luxury reseller, What Goes Around Comes Around. I provide a timeline of the legal battle, my legal analysis of the recent jury trial and verdict (Chanel v. What Goes Around Comes Around) and a discussion on the future of the luxury reselling landscape. Enjoy and thank you for listening!
The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwelllaw.com.
Episode Notes:
1. Chanel, Inc. v. What Comes Around Goes Around LLC et al, 1:2018cv02253 (S.D.N.Y. 2023)
This episode is all about the Burberry fashion house. I begin with a brief history of the brand and then discuss patent and trademark law in relation to Burberry. I end the episode with my legal analysis and discussion of a trademark opposition involving Burberry Limited and Mattel's "Barbie" trademarks. Enjoy and thank you for listening.
The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwelllaw.com.
Not Farfetch anymore! This episode is a follow up to my "Who's The Fairest of Them All" Pt. 1 episode when Farfetch was all the rage. How things have changed in a span of barely 2 years... listen to find out what happened to this former #1 ecommerce luxury online platform! I begin with a background of the Farfetch company, the recent events at the company and then I provide a legal discussion of a class action securities fraud lawsuit involving Farfetch. Enjoy and thank you for listenting.
This episode is all about the recent news of various luxury fashion houses reporting a major sales slump- is the "luxury party" over?
I begin this episode with various fashion houses sales news with a focus on the largest luxury conglomerate, LVMH. Then I provide an in-depth legal discussion and analysis on three lawsuits that Gucci filed last week against Century 21, Lord&Taylor and Sam's Club. Enjoy and thank you for listening!
Episode Notes:
1.Forbes Article: https://www.forbes.com/sites/pamdanziger/2023/07/29/luxury-leaders-sales-drop-in-us-as--aspirational-consumers-put-new-purchases-on-hold/?sh=a7fbc8e415c3
1. Gucci America, Inc. v. LORD & TAYLOR ECOMM LLC, 1:23-cv-10239 (SDNY)
2. Gucci America, Inc. v. Sam’s West, Inc., et al., 1:23-cv-10246 (SDNY)
3. Gucci America, Inc. v. Century 21 USA LLC, et al., 1:23-cv-10247 (SDNY).
This is a special episode of the podcast series with a featured fashion guest, James Keith. James it the owner of the luxury accessories line, Keith James. His line rose to fame from his signature "red bottom" hats/fedoras for men and women and has now expanded into various other accessories. On this episode we discuss the concept of quiet luxury, trade dress trademark protection, James' fashion line, new book and much more. Enjoy and thank you for listening!
Episode Notes:
1. www.keithjames.com
2. Rich Mindset Book link: https://www.amazon.com/gp/product/B0CL3L1FS7/ref=x_gr_bb_amazon?ie=UTF8&tag=x_gr_bb_amazon-20&linkCode=as2&camp=1789&creative=9325&creativeASIN=B0CL3L1FS7&SubscriptionId=1MGPYB6YW3HWK55XCGG2
This episode is all about the world of beauty pageants with a legal spin. This episode features a very special guest, Caitlin Machol, a former Miss USA contestant and Miss Wisconsin titleholder. I begin the episode by providing some background information on the famous, Miss USA, Miss Universe and Miss America pageants, then I discuss and analyze a few lawsuits the organizations have been involved with. Finally, Caitlin provides lots of inside beauty pageant information such as the various fashion rules the contestants must adhere to, her story in competing in the Miss USA pageant, meeting Donald Trump and much more! Thank you for listening and enjoy!
Episode Notes:
1. Miss Universe, LLP v. Miss Nude Southern USA
2. Miss Universe, LLP v. Diamonds International Corp.
3. Book: There She Was: The Secret History of Miss America by Amy Argetsinger
4. Book: Being Miss America: Behind the Rhinestone Curtain by Kate Shindle
This episode is all about the luxury multi-designer retail store, Intermix and their recent store closings. I begin the episode with a brief history of the Intermix company which begins in 1993, then I discuss the change in owners of the Intermix company including the acquisition by a private equity firm and a discussion of private equity firms and takeover implications. At the end of the episode, I provide my legal analysis and discussion of a recent lawsuit filed against the Intermix company. Enjoy and thank you for listening!
Episode Notes:
1. Bal Harbour Shops, LLC v. Intermix Holdco, Inc.
2. Private Equity Article : Record numbers of UK firms are being swallowed by private equity – should we be worried? (theconversation.com)