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Stephen Sidkin speaking at UAL and Fashion Law Institute webinar 25 June 2020

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In a world challenged by COVID-19 lockdowns and other political struggles and ethical concerns, the fashion industry is united in our search for new business strategies. How can fashion designers and businesses protect themselves amidst a global recession? ...

Record breaking summer sales for fashion retailers - but what are the wider implications?

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British fashion retail is expected to roll out major post-lockdown discounts to drive footfall and clear SS20 stock now that the lockdown is easing. However, this discounting may have wider legal implications for fashion brands. In this article, we look at...

10 practical steps to re-opening retail safely

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As one of the hardest hit economic sectors, fashion retailers in England have welcomed the news that they can reopen from 15 June. We explore how retailers can ensure that their staff (and customers) are protected once business is resumed. In this guide we...

Why Boohoo.com may end up crying - and how you can avoid being caught out

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The news yesterday of a $100m claim having been filed in the US courts against Boohoo and its subsidiaries, PrettyLittleThing and Nasty Gal, for allegedly fake sales promotions and misleading consumers comes at a time when many fashion brands are about to...

What was in store when Coty alleged Amazon stocked infringing Davidoff perfume bottles?

Scott Steinberg
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You discover a third party is selling your genuine goods on Amazon in an unauthorised territory. As well as providing the platform for the third party seller, Amazon is stocking and arranging the dispatching of these goods. Can you prevent Amazon from doing...

Your banking and debt finance arrangements and Covid-19: key points for borrowers

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Following the outbreak of the coronavirus disease (Covid-19) pandemic, many businesses are looking closely at their banking and debt finance arrangements. As such, we set out below some key points for borrowers to think about in these difficult times: ...

Stephen Sidkin speaking at UIA webinar, 23 April 2020 - Covid-19: Legal challenges for the fashion industry

Stephen Sidkin
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The health crisis caused by Covid-19 represents an unprecedented challenge for the economy, having a special impact on the fashion industry. This webinar will analyse the main legal challenges that fashion houses address under this exceptional situation and...

Suppliers supply and distributors distribute - a regular blog, April 2020

Stephen Sidkin
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The impact of Covid-19 - does it provide distributors with an opportunity? At the present time many distributors and suppliers are looking at the impact of Covid-19 on their businesses and thinking – does this provide an opportunity? From the...

Urban Outfitters invokes 'force majeure' terms - Stephen Sidkin quoted in Drapers

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Partner  Stephen Sidkin  was quoted in Drapers as Urban Outfitters has written to suppliers informing them that it can no longer accept delivery of goods on purchase orders, and will cancel all undelivered orders, in a bid to...

Suppliers supply and distributors distribute - a regular blog, March 2020

Stephen Sidkin
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The impact of COVID-19 for suppliers on payments and order cancellations At the present time many suppliers and distributors are looking at the impact of COVID-19 on their businesses and thinking – hard. Thoughts are likely to be at three levels. ...

Lockdown advice for UK employers

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1. How does the Job Retention Scheme work and what is meant by the furloughing of employees? 2. Who are the key workers entitled to send their children to school? 3. Now that the government has ordered a lockdown, who is allowed to leave...

Immigration problems affecting employees - the most common questions being asked by employers

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The Home Office provided a limited update to its guidance in light of coronavirus on 24 March 2020. Guidance on the broader implications for immigration is expected in the coming weeks. 1.  What should I do if my employee’s visa is due to...

COVID-19 - what might it mean for commercial landlords and tenants?

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COVID-19 will affect the real estate sector as it will the rest of the UK economy.   As the pandemic takes hold, offices, retail and industrial premises are all likely to experience interruption at best, and possibly much worse. If the...

COVID-19: the top three questions fashion employers are being asked

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As the Coronavirus situation develops, many fashion businesses are dealing with the unique challenges it presents in relation to managing their staff. Given the increasing number of cases in the UK, employers are understandably wanting to know more about...

Pricing and the online channel

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Brand owners are often concerned about how their brands are sold online. What are the issues and what can brand owners do about them? The commercial issue The continued rise in online sales has fundamentally changed the retail landscape for brand...

Suppliers supply and distributors distribute - a regular blog, February 2020

Stephen Sidkin
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Risk of criminal liability when acting as a distributor Distributors are key parties in the supply chain. But the actions of their customers and suppliers as well as their own actions can give rise to criminal liability if as a result of such actions tax...

Fashion designers now have more protection against copying

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Edinburgh Woollen Mill has infringed the copyright in the fabric for a lady's top according to a judgment given by the High Court at the end of January in a case brought by Response Clothing.  (Wave fabric top)    (Wave fabric)...

Suppliers supply and distributors distribute - a regular blog, January 2020

Stephen Sidkin
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Using a distributor – commit a criminal offence! Could you commit a criminal offence for something done by your distributor? The answer, scarily, is “yes”. Where your distributor acting in that capacity (that is, as your distributor)...

Liverpool FC and New Balance in the High Court over a different type of match (clause)

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Matching clauses have attracted a lot of press coverage lately, with Rangers Football Club and Sports Direct in 2018 and more recently with Liverpool Football Club and, its current kit manufacturer, New Balance. So, what are matching clauses and what...

Cookies - what do online fashion retailers have to do to comply?

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(and why your social media targeting may be unlawful) When a consumer views some clothing on your website, will they see it on their newsfeed next time they log in to their Facebook or Instagram account? If so, do you know whether you are complying with...

Supplier supply and distributors distribute - a regular blog, December 2019

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Why the dog should wag the tail As a supplier how important is your name or brand?  The answer which is invariably given by most suppliers is that it is extremely important.  Name or brand – they mark you out from your competitors. ...

Stephen Sidkin article featured in Drapers investigation: Do Nike and Adidas hold too much power?

Stephen Sidkin
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Drapers investigates the dominance of Nike and Adidas in the sportswear industry as they both shift toward direct-to-consumer strategies. Stephen Sidkin's article Is it legal? features within the report. Please click here to read the full...

Experiential retailing - issues for landlords and fashion brands

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Is an increase in ’give and take’ between landlords and retailers on the near horizon? Is experiential retail the way forward for retail landlords and fashion brands alike given the inexorable power of the online channel? If so, what are the...

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

Stephen Sidkin
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Interpreting a distributorship agreement Interpretation is a key aspect of humanity. Incorrect interpretation of words, speech, actions, and reactions can have fatal consequences. On a lesser scale, the same is true of distributorship agreements...

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

Stephen Sidkin
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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. ...

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

Stephen Sidkin
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But on what terms? The terms in question are those of the supplier. All too often a distributorship agreement will: fail to refer to the supplier’s terms and conditions of sale; or conflict with the supplier’s terms and conditions of sale;...

Fashion retail: the landscape is changing for landlords and tenants

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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
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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?

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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

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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
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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
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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

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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
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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

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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

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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
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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

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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
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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
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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
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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
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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
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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
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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

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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
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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
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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?

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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...

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