Services
People
News and Events
Other
Blogs

Black Friday - our six top tips for brands to avoid problems

Stephen Sidkin
  • Posted
  • Author

With Black Friday on 29 November set to be the busiest it has ever been it is important to ensure that any advertisements promoting your Black Friday sales are clear and transparent and that your promotions will not fall foul of consumer protection law. ...

Fashion retail: the landscape is changing for landlords and tenants

  • Posted

It was reported last month that H&M is offering landlords “total occupational deals”. In essence, the tenant offers the landlord a sum linked to the amount of sales the store makes. The landlord then decides how to divide it between rent,...

Suppliers supply and distributors distribute - a regular blog, September 2019

Stephen Sidkin
  • Posted
  • Author

Do you know your Incoterms?  It may sound an arcane question – something which is the responsibility of “sales”.  But at a time of Brexit uncertainty the need to know and understand Incoterms could rise up the to do list rapidly...

Protecting your brand: are restrictive covenants fashionable again?

Parissa Torabi
  • Posted
  • Author

Fashion brands worldwide commonly use post-termination restrictive covenants to prevent former employees from competing unfairly, whether that is by joining a competitor, or poaching employees or customers. High-profile disputes are often reported in...

Off the record, without prejudice and pre-termination negotiations

Mark Watson
  • Posted
  • Author

These terms are often heard when employers seek to bring an individual’s employment to an end. But what do they mean and what practical tips are there for employers? Off the record A conversation that is unofficial, and not to be disclosed or...

Suppliers supply and distributors distribute - a regular blog, August 2019

Stephen Sidkin
  • Posted
  • Author

The opportunities presented by Brexit Could there be opportunities for suppliers and distributors as a result of the UK leaving the EU, as is expected, on 31 October 2019 without a withdrawal agreement being in place? The question may seem...

Suppliers supply and distributors distribute - a regular blog, July 2019

Stephen Sidkin
  • Posted
  • Author

Notice terminating the distributorship agreement arrives.  In truth, the distributor has been expecting it for a while – all good things must past etc.  But what if the notice is defective?  In particular, what if the distributorship...

Buy now, pay later - the financial services issue for fashion

  • Posted

Encouraging consumers to buy means for some retailers and brands finding ways to enable them to pay. So, as the demand for “buy now, pay later” continues to rise, particularly amongst younger consumers, the industry must consider more...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

Taking over distribution There can be various reasons for a supplier to want to take over distribution from its existing distributor although usually these fall in to two broad categories – money and service. Take the situation where the...

Trade mark problems for leading sports brands

  • Posted

Adidas and Nike. Rivals in sportswear. But now both face significant trade mark problems within a few hours of each other.  Earlier this week the EU General Court gave judgment invalidating Adidas’ signature three-stripe trade mark. Meanwhile,...

Digital concessions - how brands can take back control

  • Posted

Digital concessions can provide the answer to the question that has troubled brands for many years: how to cope with the growth of the online channel that has led to a loss of control over distribution, and in particular a loss of control over the price and...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

Governing law and jurisdiction – the key issues for any distributorship agreement – Part I Following on from my  last blog , playing away from home can have various consequences – some of which may be enjoyable! But being forced to...

Top tips for moves - the poacher's perspective

Parissa Torabi
  • Posted
  • Author

Poaching senior hires from competitors is nothing new in the fashion world. The moves of Jigsaw’s chief finance officer, Claire Wain, to Jack Wills and Liz Evans, the chief executive of Oasis and Warehouse to Fat Face, are two recent examples. It can...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

What should be the role of the distributorship agreement? This may appear a strange question to ask. But there can be confusion between the distributorship agreement which serves as an umbrella agreement between supplier and distributor under which the...

EU Commission vs Nike - FT Score: Nike fined EUR 12.5 million

Emma Roake
  • Posted
  • Author

The EU Commission yesterday announced that it has imposed a €12.5 million fine on Nike, the world’s largest supplier of athletic shoes and apparel, for falling foul of EU competition law.  The Nike decision follows hot on the heels of the...

Fashion: Is there a need for change?

Stephen Sidkin
  • Posted
  • Author

Fashion is a dynamic industry. Its very essence necessitates change and, in turn, challenges to what has been accepted before. But now the questions and legal issues are piling up. The last few weeks have seen Burberry, Gucci, and Katy Perry designs attract...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

Company administrations just keep on coming. Indeed it is difficult to think of an industry sector which has not seen a spike in the number of administrations over the course of the last 12 months. But the administration of a distributor highlights...

Simon Bennett and Stephen Sidkin quoted in Drapers

Stephen Sidkin
  • Posted
  • Author

Partners Simon Bennett and Stephen Sidkin have been quoted in Drapers, discussing the recent apology from Gucci over their 'racist' jumper. Please click here to read the article. ...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

The recent announcement that British Ceramic Tile, a distributor, has entered into administration is, at one level, a sign of changing times, in this case of the channel to market.  But it also calls into sharp focus how a supplier should deal with the...

Are you at risk of a #MeToo claim? Parissa Torabi writes for Drapers

Parissa Torabi
  • Posted
  • Author

Employment law associate and member of our Fashion Law Group,  Parissa Torabi , explains the precautions fashion retail leaders must take to ensure there is no harassment hidden in their organisations.  Read Parissa's article here . ...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

Distributorship agreements after Brexit – part three With less than 100 days to go and the increasing likelihood of a no-deal Brexit, have you received, let alone read, your email from HM Revenue & Customs which, the government claims, will...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

Distributorship agreements after Brexit – part two If a week is a long time in politics, given all that has been happening since the last suppliers supply and distributors distribute blog, a month is borderline an eternity.  There is now a UK...

#forcedhugging: Are you prepared to respond to allegations of harassment?

  • Posted

The recent suspension and investigations into the conduct of Ray Kelvin, founder of Ted Baker, and the resulting devastating impact on Ted Baker’s share price, is a stark reminder of the potentially considerable fallout that brands and businesses can...

When can you not say you agree?

Stephen Sidkin
  • Posted
  • Author

When can you not say you agree? When your agreement says that you cannot! Confused? It's understandable but when properly written, agency and distributorship agreements (and, indeed, a swathe of other commercial agreements) often contain what are called...

Reverse #MeToo - trending soon in fashion?

Parissa Torabi
  • Posted
  • Author

The #MeToo movement has on the face of it changed the landscape for the better. But what about the reverse situation where the accused (usually men) are falsely accused? Reverse #MeToo claims have already been made. This is unsurprising, as alleged...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

Distributorship agreements after Brexit - part one The idiom nerves of steel or brains of straw might be appropriate to the ongoing Brexit negotiations between the UK and the EU, but it provides little of use to suppliers and distributors alike within the...

Agentlaw seminar - Tuesday 27 November 2018

Stephen Sidkin
  • Posted
  • Author

We are hosting our annual agentlaw seminar on Tuesday 27 November. During the evening session, our speakers will consider the following topics: Duties and obligations - how parties to an agency or distributorship agreement can use duties and obligations to...

Fashion influencers: The legal side

  • Posted

Influencers are, indeed, influencing the fashion world in a big way. Nowadays, having a vast presence on social media is becoming a must-have for brands many of which are turning to the work of influencers in an attempt to boost their social media presence...

UKFT event: Working with agents and distributors

Stephen Sidkin
  • Posted
  • Author

Steve Sidkin and Rebecca Richardson will be speaking at the upcoming UKFT event on Wednesday 17 October 2018: Working with agents and distributors. Commercial brand representation can be the most effective way to establish presence on the market. Due to...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

Translational kinetic energy is the key to the movement of a yo-yo.  For many suppliers who price in GBP, recent foreign currency exchange movements have given GBP the look of a yo-yo.  But whether it can be said that the key to the...

Deal or No Deal? UK proposes new law to protect fashion designs post Brexit

Simon Bennett
  • Posted
  • Author

What does a no deal scenario mean for the protection of intellectual property in the fashion industry if the UK leaves the EU without agreement - something which is looking increasingly likely following Salzburg? The UK government released yesterday a...

Influencers and Bloggers in Fashion and Historical Brands

  • Posted

“Influencers and Bloggers in Fashion and Historical Brands” is the topic of the talk by Fox Williams partner and head of the Fashion law group Steve Sidkin on Thursday 14 th September. Steve is attending the UIA’s conference in Milan on...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

Use it or lose it Many of us can reflect with hindsight on the opportunities lost. The position in respect of distributorship agreements is no different. When a written distributorship agreement is prepared, it invariably contains a number of duties to...

Brexit and your business contracts

Stephen Sidkin
  • Posted
  • Author

Leaving the EU will affect some of your existing contracts. It may affect future contracts you plan to sign. In preparation, you should be thinking about the following points. Brexit and your  existing  business contracts: what should you...

The Love Island effect

Sarah Redmond
  • Posted
  • Author

Love Island is now over for another year and with record viewing figures, it has been the must watch programme of the summer. An average of 3.6 million people watched the live final which was aired last Monday night (with even more people downloading it from...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

How exclusive is exclusivity?  Commonly distributors are appointed on an exclusive, sole, or non-exclusive basis. Indeed, many distributors set great store on being the exclusive distributor for this territory or that product range.  It is as...

Concession agreements: how to fight the good fight

Rebecca Richardson
  • Posted
  • Author

Court cases involving concessions are rare. This may be because brands are often reluctant to take on the big name department stores in which they are housed. However, a recent High Court judgment involving Harrods shows how Court proceedings can...

Roger Federer and trade marks: what's happening at Wimbledon?

  • Posted

Brands can be everything when it comes to sport, with international athletes providing the perfect platform to advertise brands across the globe. And when Wimbledon 2018 ‘served off’ on Monday, with the first match on Centre Court played by last...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

“Take a look at my distributorship agreement. It’s the only one I got. Not much of an agreement. Never seem to get a lot. Take a jumbo across the water. Like to see my [favourite overseas country]." (with apologies to Supertramp and...

UK brands undeterred by new US etail tax - Partner Steve Sidkin quoted in Drapers

Stephen Sidkin
  • Posted
  • Author

Last week the US Supreme Court ruled that individual states have the authority to collect sales taxes from online retailers, overturning a 1992 “physical presence requirement” that previously only affected retailers with physical stores. Stephen...

Trade marks at the World Cup: Jesse Lingard runs, shoots and scores - but could he still pick up a red card?

Ryan Weeks
  • Posted
  • Author

England international Jesse Lingard, currently in Russia for the World Cup Finals, has recently filed through his company, Jlingz Limited, four trade mark applications for the word mark “JLINGZ” and logos incorporating the action of his signature...

"Put on your red shoes and let's trade mark them!" Louboutin wins legal battle to protect iconic red soles

  • Posted

When designing his first pair of stiletto heels using his assistant’s red nail polish in 1993, Christian Louboutin could never have anticipated that his design would become the subject of a lengthy legal battle over whether it could be protected as a...

CVAs: The way to combat 'zombie' high streets?

  • Posted

CVAs have had a bad rap of late, but could they benefit landlords and fashion retailers by addressing the problem of the UK’s floundering ‘zombie-like’ high streets? A CVA (company voluntary arrangement) is an insolvency procedure where a...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

Some things never change as Supertramp once claimed. But the super resonance of these words is often seen when a distributor is appointed by a supplier but without a formal distributorship agreement being in place. For some time, things may go well. The...

Under threat of insolvency? Who ya gonna call?

Paul Taylor
  • Posted
  • Author

Bench, Joe Bloggs, and East have all entered into administration in 2018. New Look and Select have both entered into Company Voluntary Arrangements (CVAs). House of Fraser is next up. This article highlights the duties of directors if insolvency...

PS... that's my trade mark!

  • Posted

Primark – “Amazing fashion, Amazing prices” – now faces an amazing, hair-raising legal battle against Phil Smith Be Gorgeous Ltd (Phil Smith), a rival in the budget haircare market. Primark recently launched its latest hair products...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
  • Posted
  • Author

Reasonable notice and the length of a piece of string Legend has it that in years gone past, some lawyers (perhaps seeking to emulate Theseus) would deliberately carry around one or more pieces of string. The reason: to be able to use whichever piece of...

  • Page 1 of 2