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UKFT event: Working with agents and distributors

Stephen Sidkin
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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
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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
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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

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“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
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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
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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
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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
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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
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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?

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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
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“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
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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?

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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

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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?

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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
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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
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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!

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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
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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...

New Partner and Director promotions demonstrate core values of great client service and its people

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Partner promotions: Mary Elliott and David Murphy Legal directors: Rebecca Evans and Emma Roake Trade mark director: Sarah Redmond City law firm Fox Williams LLP has made two internal promotions to partner. From 1 May, Mary Elliott becomes a partner...

Share sale or asset sale? How to structure the sale of your brand

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Founders of fashion brands choose to sell their businesses for a variety of reasons. So far, 2018 has been a year of stark contrasts for the industry - with the long announced death of the high street we are seeing both small independent labels and larger...

Eight weeks to go until the GDPR comes into force - are you ready? And if not what should you be doing?

Laura Monro
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The collection and use of personal data is a daily occurrence for fashion businesses. Personal data is processed when, for example, a consumer logs in to their online account, makes a purchase online, or is sent promotional material by the retailer. Personal...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
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For suppliers persistence is key In last month’s blog I discussed how a distributor whose distributorship agreement is terminated can protect itself given that distributors (unlike commercial agents) do not receive special protection under English...

Nothing beats a LDNR...except a trade mark: Nike slapped with interim injunction over its latest campaign

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The injunction granted a few days by an English Court to  LNDR  to stop Nike’s use of LDNR in its current promotional campaign serves as a salutary reminder of the need to undertake trade mark searches prior to launching ad campaigns and the...

EU Withdrawal Treaty - IP provisions

Simon Bennett
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Finally there is hope on the horizon: the European Commission has proposed that all registered EU trade marks and designs should automatically convert to UK national rights after Brexit.   The proposal is contained in the EU’s draft...

Adidas successfully blocks two stripe EU trade mark

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Adidas has been successful in yet another stage of its journey to block its trainer rival, Shoe Branding, from registering two stripes on a plain trainer as an EU trade mark.  Adidas has an earlier trade mark for three stripes which slant in the...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
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For distributors, possession is nine-tenths of the law. Distributors (unlike commercial agents) do not receive special protection under English law. So how can a distributor whose distributorship agreement is terminated protect itself? The starting point...

Registered design rights - straightforward and cost effective

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Registering a design is a straightforward and relatively inexpensive process. It provides a monopoly in the design of up to 25 years (provided the registration is renewed every five years). The scope of the design depends on, for example, the extent to which...

What's in a red sole? Can the colour red be protected for a red soled shoe?

Simon Bennett
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The Advocate General recently ruled that a trade mark that combines the colour red (or more specifically Pantone 18 1663TP) and shape can be refused or declared invalid. ( Christian Louboutin, Christian Louboutin SAS v Van Haren Schoenen BV (Case -163/16))....

Buying insolvent businesses: the key employment issues

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Carillion has fallen over in spectacular fashion. Some fashion brands are teetering on the edge of insolvency after poor Christmas trading, exacerbated by the march of on-line competitors and the impact of Amazon’s cheaper (cheap, that is, until they...

Suppliers supply and distributors distribute - a regular blog

Stephen Sidkin
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Businesses change. Distributorship agreements are superseded by events. In a new blog, partner and chair of Fox Williams’ agentlaw team and fashionlaw team, Steve Sidkin, discusses the value of distributorship agreements. Do you regularly review yours?...

Rosie Burbidge writes for INTAs Trademark Reporter The Blockchain is in Fashion

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Blockchain is “the new black”—at least as far as the technology community is concerned. It has been described as the biggest societal change since the Internet. In our new age of cyber threats, blockchain is seen as the solution to many...

The issues of insolvency for fashion businesses and the duties of directors

Paul Taylor
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Every year, Fox Williams LLP is called upon to advise boards and individual directors of fashion clients as to legal issues arising when a company is on the brink of insolvency. Directors are responsible for the day to day running of the company’s...

Shareholder disputes: 10 recent practical lessons

Paul Taylor
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Commercial skill and artistic flair are often strange bedfellows. A situation where the shareholder/managing director of a successful fashion brand wants to go in one direction whilst the shareholder/design director has other ideas is a regular occurrence....

Stephen Sidkin quoted in Equestrian Trade News - Upmarket brands win right to block third party retailing

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Luxury brands are celebrating a landmark judgment of the European Court given last week.  In a case concerning Coty, the court ruled that a clause in the company’s selective distribution agreement prohibiting authorised distributors from using...

Luxury brands and third party platforms - new landmark judgment

Stephen Sidkin
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Luxury brands are celebrating a landmark judgment of the European Court given yesterday. In a case concerning Coty, the European Court ruled that a clause in Coty’s selective distribution agreement prohibiting authorised distributors from using Amazon...

Why price fixing and information sharing matter

Stephen Sidkin
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What do you know about competition law? It is a reasonable question given: a recent survey by the Competition and Markets Authority which found that 50% of fashion companies which took part in the survey stated that their knowledge of competition law was...

Drapers' People Moves section is a must-read for fashionistas - who goes where, and why, helps lubricate fashion industry coffee machine chatter

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It can also start people musing about restrictive covenants. So when Paul Masters moved from Missguided to In The Style, Adam Chesters left Deckers to join Craghoppers, and Céline Larose jumped ship from Richemont to join Kiki McDonough, thoughts on...

Stephen Sidkin and Sarah Redmond write for CWB online on Fashion, designs and Brexit

Stephen Sidkin
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Fashionlaw chair Stephen Sidkin and senior trademark attorney Sarah Redmond write for CWB online on Fashion, designs and Brexit. To read the full article, please click here ....

Can fashion continue to win private equity confidence?

Paul Taylor
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Matchesfashion.com recently sold a majority stake in the business to private equity fund Apax Partners. Matchesfashion.com is understood to have made choice investment in its technology and design aspects of its business, launching new services (including...

Distributors and agents: maximising their performance and minimising your exposure: seminar with UKFT

Stephen Sidkin
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Stephen Sidkin , Emma Roake  and Rebecca Richardson are speaking at a seminar with UKFT on Tuesday 10 October 2017, "Distributors and agents: maximising their performance and minimising your exposure". Read more and book...

Fashion Law partner Simon Bennett quoted in Drapers on Brexit IP rights and Fashion

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Unitary intellectual property (IP) rights should continue to apply in the UK after Brexit, the European Commission has said in a position paper. “This is good news for the fashion industry,” said Simon Bennett, Fashion Law partner at law firm...

A guide to Brexit for the UK fashion industry

Stephen Sidkin
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In January 2017 Prime Minister May delivered the Government’s 12 point plan for Brexit. On 13 March 2017, the UK Government formally triggered Article 50 of the Treaty on European Union and so initiated the process of leaving the European Union and the...

Dress codes in the workplace

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Why are we still concerned about dress codes in the workplace? This should in theory be a fairly straightforward concept, however, the recent highly publicised case of the female agency worker who was sent home without pay because she refused to wear high...

Lululemon sues Under Armour - what the UK approach would be

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Sales of athleisure products are sprinting ahead and fashion and sporting brands are competing with one another to design novel products which allow consumers to be both athletic and fashionable or provide some added benefit to the consumer such as comfort. ...

Concessions - attracting new customers can be a risky business at a time of Brexit uncertainty

Stephen Sidkin
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Q. What links JoJo Maman Bébé, Quiz, and Ted Baker? A. Each of them have been in the news this month with a mention of the brand’s concessions in the story. A retail concession enables a brand to promote its products to the public...

"Guess are at risk if they are found to have contravened the EU rules"- Fashion Law Partner Steve Sidkin quoted in Drapers

Stephen Sidkin
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“If the Commission finds that there has been an infringement of EU competition law, it will be open to the Commission to impose a very substantial fine. In addition, the actions taken by Guess in respect of its distribution agreements may result in...

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