London fashion law firm Crefovi is delighted to bring you this law of luxury goods & fashion blog, in order to provide you with forward-thinking and insightful information on the business and legal issues for the fashion and luxury sectors.
This law of luxury goods & fashion blog provides regular news and updates, and features summaries of recent news reports, on legal issues facing the global fashion and luxury community, in particular in the United Kingdom and France. This law of luxury goods & fashion blog also provides timely updates and commentary on legal issues in the retail and consumer goods sectors. It is curated by the fashion lawyers of our law firm, who specialise in advising our fashion, luxury & retail clients in London, Paris and internationally on all their legal issues.
Crefovi has been practising the law of luxury goods & fashion law since 2003, in London, Paris and internationally. Crefovi advises a wide range of clients, from young fashion entrepreneurs in search of financing and legal advice to manager their contractual and intellectual property issues, to mature luxury houses in need of legal advice to negotiate and finalise licensing or distribution agreements and/or to enforce their intellectual property rights. Crefovi writes and curates this law of luxury goods & fashion blog to guide its clients through the complexities of fashion law.
Annabelle Gauberti, founding and managing partner of Crefovi, is one of the founders of the ‟fashion law” practice area, in Europe. She regularly lectures on the law of luxury goods & fashion at the Institut de la Recherche sur la Propriété Intellectuelle (IRPI), as well as to the Master and MBA students enrolled in HEC Luxury Certificate and to the students of the top master Luxury, Innovation & Design of the University Marnes la Vallée. These courses and lectures are an important testimony to the recognition of the legal discipline that is the law of luxury goods & fashion.
Moreover, Crefovi has industry teams, built by experienced lawyers with a wide range of practice and geographic backgrounds. These industry teams apply their extensive industry expertise to best serve clients’ business needs. One of the industry teams is the Consumer products & retail department, which curates this law of luxury goods & fashion law blog below for you.
Annabelle Gauberti, founding and managing partner of London fashion and luxury law firm Crefovi, is also the president of the International association of lawyers for creative industries (ialci). This association is instrumental in providing very high quality seminars, webinars & brainstorming sessions on legal & business issues to which the creative industries are confronted.
University of Massachusetts v L’Oréal: a patent infringement claim turns into a disaster for global cosmetics behemothCrefovi : 16/08/2022 12:39 pm : Antitrust & competition, Articles, Consumer goods & retail, Fashion law, Intellectual property & IP litigation, Law of luxury goods, Life sciences, Litigation & dispute resolution, News, Webcasts & Podcasts
This 20 year old legal saga turns into a public relations and legal nightmare for the L’Oréal group, which karma is decidedly being tarnished by its bullying, deceptive and ongoing strategies to illegally lift patented technologies licensed to someone else, and to then convince a first degree judge that the lawful licensee’s ensuing legal claims should be dismissed on futile procedural grounds. No matter how eccentric or weak the licensee may have appeared to L’Oréal, the cosmetics giant should have resisted these vain attempts to muddy the waters with respect to its actual liability in infringing those patents, and should now brace itself to foot the (heavy) bill which is now no doubt lurking.
Exhaustion of rights: how to capitalise on UK’s intellectual property rights and parallel imports, post-BrexitCrefovi : 06/04/2022 12:43 pm : Antitrust & competition, Articles, Consumer goods & retail, Copyright litigation, Entertainment & media, Fashion law, Intellectual property & IP litigation, Internet & digital media, Law of luxury goods, Life sciences, Music law, Trademark litigation, Webcasts & Podcasts
While the London Book Fair is back in full swing, which is a pleasant sight since the fair was cancelled in 2020 and only held online in 2021, I was reminded, yesterday, of the seminar I attended, on 10 March 2022, on ‟exhaustion of rights and downstream uses”, organised by the British Literary and Artistic Copyright Association (‟BLACA”). The presentations made by the speakers during this seminar, and in particular by Catriona Stevenson, general counsel of the book publishing trade body Publishers Association, gave me cause for concern. While I could not pinpoint exactly why their arguments on the best United Kingdom (‟UK”)’s future regime on exhaustion of intellectual property rights (‟IPRs”) were troubling me, I decided to zero in and focus on analysing this topic, in the article below.
In the globalisation age, fashion and luxury brands aspire to doing business everywhere, servicing their retail clients on each continent.
Yet, trade and geographical barriers are still in place, and even increased during the inward-looking Trump era, in the US, and Brexit transition, in the UK, making smooth and seamless fashion and luxury purchase transactions a challenge.
So, what is the best approach, in the post-COVID, post-Trump, and post-Brexit world, to sell your fashion and luxury wares around the world, while making high margins?
As explained in our two previous articles relating to Brexit, ‟How to protect your creative business after Brexit?” and ‟Brexit legal implications: the road less travelled”, the European Union (‟EU”) regulations and conventions on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, ceased to apply in the United Kingdom (‟UK”) once it no longer was a EU member-state. Therefore, since 1 January 2021 (the ‟Transition date”), no clear enforcement system is in place, to enforce a UK civil or commercial judgment in a EU member-state, and vice-versa. Creative businesses now have to rely on domestic recognition regimes in the UK and each EU member-state, if in existence. This introduced additional procedural steps before a foreign judgment is recognised, which makes the enforcement of EU civil and commercial judgments in the UK, and of UK civil and commercial judgments in the EU, more time-consuming and expensive.
In the creative industries, many intellectual property rights, such as copyright, trademarks, registered designs and patents are subjected to licenses, in order for right owners and creators to monetize such rights. However, things do not always go smoothly during and after the term of the licensing agreement, between the licensor and the licensee. Therefore, what are the remedies that the licensor may put in place, in order to ensure that his or her intellectual property rights are fairly monetised? How to remedy a breach of license which term is overran?
Cancel culture is upon us. This is what we are currently being told by British and French mass media, who have finally caught up with the content of the latest, and first non-fictional, book ever published by acclaimed, yet heavily criticised, American author Bret Easton Ellis, ‟White”. The polemic rages on both sides of the pond, ignited by more than 150 public figures signing a controversial letter denouncing cancel culture. So, what’s going on? What is ‟cancel culture”? Why should you pay attention to, and be cautious about it, as a creative professional? Is this even a thing in Europe and, in particular, in France and the United Kingdom? If so, how should you position yourself, as a creative, on, and about, cancel culture?
Since its inception in 2003, the law of luxury goods and fashion law have evolved, matured, and become institutionalised as a standalone area of specialisation in the legal profession. Here is Crefovi’s 2020 status update for fashion law in France, detailing each legal practice area relevant to such creative industry.
Why the valuation of intangible assets matters: the unstoppable rise of intangibles’ reporting in the 21st century’s corporate environmentCrefovi : 15/04/2020 8:00 am : Antitrust & competition, Art law, Articles, Banking & finance, Capital markets, Consumer goods & retail, Copyright litigation, Emerging companies, Entertainment & media, Fashion law, Gaming, Hospitality, Hostile takeovers, Information technology - hardware, software & services, Insolvency & workouts, Intellectual property & IP litigation, Internet & digital media, Law of luxury goods, Life sciences, Litigation & dispute resolution, Mergers & acquisitions, Music law, Outsourcing, Private equity & private equity finance, Restructuring, Sports & esports, Tax, Technology transactions, Trademark litigation, Unsolicited bids
It is high time France and the UK up their game in terms of accounting for, reporting and leveraging the intangible assets owned by their national businesses and companies, while Asia and the US currently lead the race, here. European lenders need to do their bit, too, to empower creative and innovative SMEs, and provide them with adequate financing to sustain their growth and ambitions, by way of intangible assets backed-lending.
Crefovi partners up with Les Echos Formation to present cutting-edge one-day training on the law of luxury and fashion marketing: how to secure your practices?
Crefovi strikes back with presentation on how to make your fashion brand lawfully omnichannel at Pure trade show on 26 July 2016, attended by trade show goers and press.