2023-05-17 18:55
By Nicole Vossius, contributor and Alan Behr, Partner and Chair, Fashion Practice, Phillips Nizer
As has been reported, the luxury design house of Hermès has prevailed in its t… Read More
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Apparel, Accessories, Textiles + More | Legal + Business Commentary From Phillips Nizer LLP
2022-04-26 18:22
By Alan Behr
Alan Behr published a New York Law Journal article on the proposed New York State Legislature’s Fashion Sustainability and Social Accountability Act, a bill t… Read More
2022-04-02 01:36
By Alan Behr, Phillips Nizer Partner
In their short history of being the greatest advance in art since cave painting, NFTs have raised new questions of esthetics (which sometimes interest… Read More
2022-01-07 16:54
Shopper watches window of Ermenegildo Zegna store in ViennaBy: Brian Brodrick, Phillips Nizer Partner
Ermenegildo Zegna N.V., a world-renowned Italian luxury fashion group, has completed… Read More
2022-01-04 18:41
By: Phillips Nizer Partners: Alan Behr, Charles LaPolla, Andrew Tunick and Intern: Yann Rimm
Those of you who remember New York City from the late 1970s do not need anyone to tell you tha… Read More
2021-08-19 14:28
By: Yann Rim, Phillips Nizer Intellectual Property Intern
Being home to Paris and Milan, the European Union (“EU”) has every reason to draft its laws to protect fashion desig… Read More
2021-07-23 14:49
By: Alan Behr, Phillips Nizer Partner and Fashion Law Chair
The best words in any language were long ago vaccinated against easy translation. I am German and I still struggle to exp… Read More
2021-06-24 15:14
By Candace R. Arrington, Phillips Nizer Associate
The 2021 G7 Summit, hosted in Cornwall, England earlier this month, generated eye-catching headlines about COVID-19, Brexit, and even Kat… Read More
2021-04-08 18:31
By Alan Behr, Phillips Nizer Partner and Fashion Law Chair
Photograph Copyright © 2021 by Alan BehrWe noted in a recent report in The New York Times of a husband and wife, both in t… Read More
2021-01-09 17:14
By: Alan Behr, Phillps Nizer Partner and Fashion Law Practice Chair
About 2020 we can only say what the videogame hero Duke Nukem would sometimes offer when things turned out badly for hi… Read More
2021-01-09 16:34
By: Alan Behr, Phillps Nizer Partner and Fashion Law Practice Chair
Alan Behr at home, working remotelyThe inexplicable year 2020 was marked by technology connections that curiously spun… Read More
2020-11-17 19:00
By: Lena Fleischmann, a German law student and a Referendarin at Phillips Nizer LLP.
The coronavirus pandemic has taken a particularly harsh toll on many fashion brands and retailers. &n&hell…Read More
2020-07-10 17:51
By: Tin-Fu (Tiffany) Tsai, guest author. Reprinted with permission from: Entertainment, Arts and Sports Law Journal, Spring 2020, Vol. 31, No. 2, published by the New York State Bar Associa… Read More
2020-06-26 22:42
By: Isabel Malmazada, Phillips Nizer Summer Associate
In the midst of the COVID-19 pandemic in the United States, the unspeakably horrible death of George Floyd in Minneapolis sparked hea… Read More
2020-06-26 22:39
By: Isabel Malmazada, Phillips Nizer Summer Associate
Since the beginning of the COVID-19 crisis in March, most states have decided to shutter non-essential businesses to stop the spread… Read More
2020-06-09 03:16
By: Candace R. Arrington, Phillips Nizer LLP Associate
“The question comes to us in a case involving handbag fasteners,” writes Justice Gorsuch in the introduction to the rec… Read More
2020-04-16 15:14
Elizabeth Vulaj, Phillips Nizer Associate
Within the past few years, there have been a range of legal cases filed against fast fashion companies by high-end designers and celebrities for… Read More
2020-04-15 14:31
Lena Fleischmann is a German law student and a Referendarin at Phillips Nizer LLP.
COVID-19, first detected in Wuhan, China, in December 2019, was, within just a few months, declared by b… Read More
2020-04-08 20:18
Michael S. Fischman, Partner Phillips Nizer LLP
In many states, such as New York, a covenant of good faith and fair dealing is implied in every contract and prevents the trademark owner… Read More
2020-03-31 09:58
Michael S. Fischman, Phillips Nizer Partner
Whether it be the impact on supply chains, office disruption from government shut-down orders or lost business from the temporary closing of r… Read More
2020-03-30 21:36
Candace R, Arrington, Phillips Nizer Associate
Aspirations of heroism are not typically the motivation behind entering the fashion business as they would be, for example, for people trai… Read More
2020-03-25 17:40
Alan Behr, Phillips Nizer Partner and Fashion Practice Chair
Fashion is about nothing if not what comes next, and we are already being questioned at the firm about what are the best optio… Read More
2020-03-20 16:09
Alan Behr, Phillips Nizer LLP Partner and Fashion Practice Chair
There have been unique challenges for retailing since not long after Amazon.com first went live, but a worldwide disruptio… Read More
2020-03-18 16:07
Written by Lena Fleischmann
In what is by far the most significant event this year and, for many of us, the most significant challenge of our lives so far, a disease never before known or… Read More
2019-12-23 17:52
By Alan Behr
The designer and author Alan Flusser has published Ralph Lauren: In His Own Fashion, his long-awaited illustrated biography of the master of American style. … Read More
2019-12-03 21:54
Alan Behr, Fashion Law Group Chair, Phillips Nizer LLP
Authentic Brands Group’s legally approved bid Nov. 1 of bankrupt U.S. department store chain Barneys New York isabout intelle… Read More
2019-12-03 21:41
Alan Behr, Fashion Law Group Chair, Phillips Nizer LLP
Whenever I wanted my grandmother to reveal a deep secret—such as what I was getting for my birthday—she would reply by… Read More
2019-11-14 20:53
By Wendy Donkor
On September 6, 2019, in an important decision affecting the
protection of fashion designs throughout the European Union, the Court of
Justice of the European Union (CJEU)… Read More
2019-07-09 19:21
There are few items of men’s clothing more classic than a
double-breasted suit. But men’s fashion
moves (slowly) in cycles, and
the “DB,” as it is called in tai… Read More
2019-06-04 15:05
Photo courtesy of Reinhart Julian (Unsplash Photos)The fashion industry has debated the effect of the Supreme Court’s 2017 decision in Star Athletica, LLC v. Varsity Brands, Inc., inte… Read More
2019-05-16 12:30
Photograph Copyright © 2019 by Alan BehrTwo cappuccinos worthy of a caffè in Milano started my last visit, with a fashionable friend, to the Brooks Brothers store on Madison Aven… Read More
2019-03-26 14:00
On March 4, 2019, the U.S. Supreme Court resolved an intriguing circuit split in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC. Justice Ginsburg authored the unanimous decision… Read More
2019-03-12 14:00
Salary Thresholds Under New York State Law For White Collar Overtime Exemptions
In Part One of this article, we discussed tests for allowing exemption from overtime pay for “white… Read More
2019-02-28 16:19
One of the most costly mistakes a fashion business can make is to misclassify an employee as overtime exempt regardless of the employee’s duties and functions. That creates the risk o… Read More
2019-02-20 15:00
An interview with Simon Crompton, creator of the blog Permanent Style
Photograph Copyright © 2018 by Alan BehrIn my last post, I reported on my conversation in London with Simon Crom… Read More
2019-02-13 17:00
What do the Special Prosecutor and the New York State Attorney General have in common? If you answered fake social media accounts and social media bots inflating followers, likes, tweets an… Read More
2019-01-30 17:10
On January 8, 2019, the U.S. Supreme Court heard oral arguments in, Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC. The court is expected to resolve a decades-old split of opinio… Read More
2019-01-23 17:52
An interview with Simon Crompton, creator of the blog Permanent Style
Photograph Copyright © 2018 by Alan BehrReaders of our blog have probably noticed my interest in custom-made clo… Read More
2018-12-20 17:31
Law has always been among the most sartorially sophisticated professions. Its practitioners must always be representing not only themselves, but their firms, their clients, and even the dig… Read More
2018-11-02 12:30
Photographed by Rose Callahan
As I have shared in two prior posts, I had the privilege of sitting down with the menswear authority, Alan Flusser, in his comfortable office inside his custom… Read More
2018-10-17 11:00
Much has been said and written about Christian Louboutin’s iconic red sole brand. It has sparked endless debates about trademark law in various courts around the world, including in t… Read More
2018-10-04 12:30
Photographed by Rose Callahan
I was discussing the history of style with Alan Flusser in his office on East 48th Street in Manhattan, a convivial nook that shares the floor with his showroom… Read More
2018-09-25 17:07
Just as fashion designers and retailers have been struggling to adapt to changing consumer demands, they now must face a new battle: a trade war.
Back in May, the White House announced its… Read More
2018-09-06 14:00
“One of the principles that I teach is that clothes should lead the eye of the viewer to the face of the person wearing the clothes. That’s particularly important in the legal p… Read More
2018-08-21 15:46
When one speaks about trademarks, the familiar adage “use it or lose it” comes to mind. But there is another important principal that can equally endanger your trademark rights:… Read More
2018-06-28 15:22
In September, 2017, LVMH and Kering jointly adopted “The Charter on the Working Relations with Fashion Models and Their Well-Being.” It was created following consultation with k… Read More
2018-06-18 15:01
Earlier in this series of posts (here and here), I reported on my interview with Arthur Wayne, Vice President, Global Public Relations, at Brooks Brothers. We discussed how the brand mainta… Read More
2018-05-31 15:30
In my last post, I offered some of the history of the Brook Brothers brand provided to me by its chief of marketing, Arthur Wayne, during a recent visit with him at the company’s head… Read More
2018-05-14 15:00
At a time when the fashion press engages in a group hug with brands over how labels can stay viable in the digital age, it is fit that we should pause to consider a brand that has been doin… Read More
2018-04-16 12:00
Greg KesslerRodarte S/S 2018 Paris Haute Couture Week July 2017
Looking back on Paris Fashion Week 2018, it is fun to reflect on the undeniable allure of Paris. Maybe it is the Parisian ligh… Read More
2018-03-26 15:40
I have been fielding questions from the press and colleagues about the bankruptcy of Toys “R” Us and its challenge to stay in business after shutting many stores in the chain. A… Read More
2017-12-21 14:00
The Museum of Modern Art (MoMA) is currently hosting the exhibit, “Items: Is Fashion Modern?” So, what is modern? Back in 1944, the MoMA asked, in an exhibition titled, Is Cloth… Read More
2017-12-12 13:00
When you hear the term fast fashion, what pops into your head? Trendy designs, hot off the runways of Europe, reinterpreted at prices for all? Affordable, mass-produced clothing? How about… Read More
2017-11-20 13:00
There has been much in the news lately about the law and the appropriateness of conduct. Here is a short summary: groping people you come across during the course of a workday is illegal. T… Read More
2017-11-07 13:00
Recently, the New Balance footwear company won a landmark $1.5 million trademark decision in the Suzhou Intermediate People’s Court, near Shanghai, China. Daniel McKinnon, the New Bal… Read More
2017-09-25 12:30
If you were hoping that following the Supreme Court’s decision in Star Athletica you might learn whether common stripes, chevrons, color blocks and zig zags are sufficiently original… Read More
2017-09-18 12:30
I would like to highlight an interesting trend that has developed over the last ten years in the field of gemstone jewelry design and sales. An increasing number of women are joining the je… Read More
2017-08-30 12:30
The beaches of summer remind us that it is no disrespect for any of us to confess that most people do not look their best in swimwear and that those who do probably would look great in just… Read More
2017-08-07 12:30
Recently, the Federal Court of Appeals for the Ninth Circuit upheld an injunction issued for the benefit of members of the Kardashian family against their cosmetic products licensee.
The Ka… Read More
2017-07-05 19:50
Hotel El Palace (Barcelona) rooftop twilight | © Alan Behr
In the cosmopolitan city of Barcelona, several of us, including my colleague Alan Behr, gathered for a private fashion indust… Read More
2017-06-02 16:30
I once insisted to my colleagues that it really is nothing to write a blog post: you can do it while waiting in the checkout line at Whole Foods.* Although that has proven overly ambitious… Read More
2017-05-05 17:49
My partner Helene Freeman has offered her reflections on these pages about the recent Supreme Court opinion in Star Athletica, L. L. C. v. Varsity Brands, Inc., commonly known as… Read More
2017-03-22 17:34
The Supreme Court decision in Star Athletica L. L. C. v. Varsity Brands, Inc., No. 15-866 was announced today and the fashion industry can breathe a huge sigh of relief. In fact, the indust… Read More
2017-03-07 18:30
It had to happen, and it did in, of all places, The Wall Street Journal. Late in February, Jacob Gallagher contributed an article persuasively advocating for a new appreciation of baggy pant… Read More
2017-02-14 15:00
Pose! Click! Flash! Those are just a few of the sights and sounds of Fashion Week, an exciting time here in New York City. I had the privilege of attending one of the week’s first eve… Read More
2017-01-24 13:00
When Presidential Security Interferes with Revenue
and the Customer Service Experience
In the words of a troupe of Britons, first heard long ago, “And now for something completely dif… Read More
2017-01-17 16:00
The new year had arrived and ski season was approaching, so on a rainy morning, I brought my graphically red Bogner ski pants to Jeeves (the dry cleaner, not the P. G. Wodehouse character)… Read More
2016-12-21 16:46
Whether you call it shoplifting or shrinkage and the people tasked with stopping it the house detectives or the asset protection department, and regardless of what new technology you put in… Read More
2016-12-08 16:01
One of the hot topics du jour in the fashion press is the copyright battle in the Supreme Court involving cheerleader uniforms. It poses the question of when a two-dimensional design that i… Read More
2016-11-09 13:30
Registering copyrightable designs as “unpublished” collections can be an efficient and cost effective way to register multiple two dimensional print patterns in a single registr… Read More
2016-10-05 12:30
It is an oft repeated truth that copyright exists automatically from the moment a work is fixed in tangible form and that no formalities are required to preserve the copyright. In the United… Read More
2016-09-13 12:30
I vaguely recall, from long repressed memory, the time when only sailors and thugs had themselves tattooed. But anyone caught in a crowd, especially on a summer’s day, when long-cloak… Read More
2016-08-24 12:30
“100% Grated Parmesan Cheese.” Several consumers claim this seemingly straight forward product description is misleading, so misleading in fact that crafty lawyers have dragged… Read More
2016-07-27 14:00
A young lawyer walked by while working late, waving the striped tie he had just removed, announcing that, after 9:00 p.m., business casual was mandatory. European-born, my colleague’s… Read More
2016-07-06 14:00
Since the announcement of the result of the UK’s referendum about its future with the European Union so far as UK fashion is concerned, there has been no discernible change in the pre… Read More
2016-06-28 14:20
The term fashion photographer typically brings to mind a specialist who works on assignment for advertisements or editorials and who brings to each shoot enough equipment to light a stadium… Read More
2016-06-01 15:00
Because almost everybody wears glasses of some kind, part of the pathway of the ascent of a designer will quite often include an eyewear line. Personal optics is a field in which design mus… Read More
2016-05-19 11:00
Wow, time does fly fast!
THE FASHION INDUSTRY LAW BLOG IS CELEBRATING TWO YEARS!
On May 19, 2014, our Fashion Practice launched The Fashion Industry Law Blog. Two years and 72 posts la… Read More
2016-05-04 17:23
Every autumn, at my high school in New Orleans, for many, education was made to stand in line behind football. Ordinarily, in the heat and humidity of The Big Easy, any kind of activity bey… Read More
2016-04-12 12:30
We have commented here before that the necktie is the surviving element of the male wardrobe that is purely decorative. If it is true that form follows function, there is no prescrib… Read More
2016-03-08 13:30
We have all seen Russian matryoshka (nesting) dolls: open one and out comes another, and open that and you get another, and so on. When a fashion brand incorporates components from another… Read More
2016-02-09 13:30
While attending the annual meeting of the Copyright Society of the USA in Newport, Rhode Island last year, I walked into a military surplus store and came out the owner of a Swiss military… Read More
2016-01-12 13:30
One of the mysteries that Italy presents to the world is how style seems to come so naturally and happen so easily in the nation’s disparate regions and within all walks of life. It i… Read More
2015-12-08 13:30
Over the past few years, crowdfunding websites have become an increasingly significant source of consumer feedback and funding for fashion companies as fashion-specific sites such as Betabr… Read More
2006-06-07 11:16
As everyone knows, male fashion lawyers tend to be hunks. I was a bit late getting the memo, but on the insistence by my German doctor, I finally started exercising, and being German myself… Read More
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