In light of the recent COVID related wave of bankruptcies affecting fashion brands such as John Varvatos and True Religion, the article explores the trends and implications since the one-year anniversary of ‘Mission Product Holdings v. Tempnology.’

It is no secret that the fashion industry has been steering against a headwind of challenges. Beginning with the rise of e-commerce and the layering on of significant amounts of debt, the current global pandemic might be said to have simultaneously exacerbated these vulnerabilities while also posing new obstacles, such as unforeseen inventory, vendor and supply chain issues.

In the span of five months, apparel companies such as True Religion, John Varvatos, Lucky Brands, and Brooks Brothers have filed Chapter 11 cases, some hoping to reorganize but, more often than not, ultimately pursuing strategic sales of their assets or opting for wholesale liquidations.

These unprecedented challenges are not without opportunities for acquirers and investors as well as licensees of brands. Notably, the wave of bankruptcies also coincides with the one-year anniversary of the Supreme Court’s decision Mission Product Holdings, Inc. v. Tempnology, LLC, a ruling that has a direct impact on the rights of a trademark licensee following the bankruptcy of a debtor-licensor.


Continue Reading Surge of Retail Bankruptcies Coincides With the Anniversary of ‘Tempnology’

The Federal Bar Association’s Fashion Law Conference will be held on February 7, 2020 at the National Arts Club in New York, NY. Crowell & Moring is pleased to be a sponsor of the event, which promotes the advancement of fashion law in today’s globalizing world.

Coinciding with New York Fashion Week, this year’s programming

Sustainable fashion is in vogue and retail chains are all too eager to respond to consumers who want to shop more environmentally consciously. ‘Sustainable’, ‘ecological’, and ‘environmentally ethical’ are words that we see appearing more and more often in fashion advertising. But are these clothes and materials really environmentally friendly? Or is this just a

The Federal Trade Commission (FTC) is soliciting comments on its 1997 Enforcement Policy Statement on U.S. Origin Claims and its ongoing enforcement of that policy. On September 26, 2019, the FTC held a workshop with key stakeholders to discuss how consumers perceive “Made in USA” claims, how advertisers and marketers comply with the standard, and

In the third of our series of blog posts on antitrust and e-commerce in Europe, we look at the €40 million fine imposed on clothing company Guess by the European Commission (EC) in December 2018.

The case is the first in which the EC finds that restrictions on the use of a brand name for

On March 25, the European Commission (EC) fined Nike €12.5 million for restricting cross-border and online sales of branded merchandise by its European licensees. In December last year, the EC fined Guess €40 million for imposing restrictions on the use of its brand by distributors online. In total in 2018, the EC imposed fines of

On Tuesday, February 26th, the Cardozo FAME Center and the Cardozo Fashion Law Society will host a Symposium focused on “Innovation in Fashion.”

This event will explore the most rapidly changing areas in fashion, and the related legal perspectives. Students, attorneys, businesspeople, and members of the fashion community will come together to discuss