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Stephen Sidkin
 

Suppliers supply and distributors distribute - a regular blog

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Distributorship agreements after Brexit 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...

Agentlaw seminar - Tuesday 27 November 2018

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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...

UKFT event: Working with agents and distributors

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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

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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...

Suppliers supply and distributors distribute - a regular blog

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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...

Brexit and your business contracts

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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...

Suppliers supply and distributors distribute - a regular blog

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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...

Suppliers supply and distributors distribute - a regular blog

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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...

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

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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...

Suppliers supply and distributors distribute - a regular blog

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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,...

Suppliers supply and distributors distribute - a regular blog

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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...

Suppliers supply and distributors distribute - a regular blog

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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...

Suppliers supply and distributors distribute - a regular blog

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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?...

Suppliers supply and distributors distribute - a regular blog

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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?...

Luxury brands and third party platforms - new landmark judgment

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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...

Why price fixing and information sharing matter

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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...

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

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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...

A guide to Brexit for the UK fashion industry

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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...

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

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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...

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

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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...

Agents and distributors: the issues of confidential commercial information and personal data

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The UK is one of the world’s most advanced digital economies and this is both a strength and a weakness, according to a report on BBC News on 13 February 2017. Are you reading this newsletter comfortably? But who else is reading it? More particularly,...

Cool heads and steady hands required

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Eric Musgrave Consultant to the Fox Williams Fashion Law Group A couple of years ago I was privileged to interview Bernard Lewis, patriarch of the family that owns River Island, at a private industry dinner....

Fox Williams mentor wearable tech start-ups as part of the Top Pitch programme

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Fox Williams were invited on 11 July 2016 to be a mentor as part of the Top Pitch programme, a start-up accelerator programme for wearable technologies launched by Topshop in collaboration with corporate innovation specialist LMarks. The programme was...

Brexiting: the future of fashion, or a fashionable Brexit?

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Then the fourth angel sounded his trumpet, and a third of the sun and moon and stars were struck. A third of the stars were darkened, a third of the day was without light, and a third of the night as well. [Revelation 8:12] And...

Britain on the Brink, Stephen Sidkin writes in Drapers

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Partner and chair of the Fashion Law Group, Stephen Sidkin, adds a legal perspective to the current Brexit debate and how the fashion industry could be affected by UK leaving the EU. Read Stephen's comments here: Britain on the brink ...

Giving retailing a bad name

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Among the birthday cards Sir Philip Green received for his 64th birthday on 15 March one can bet that he did not get many from BHS pensioners. If the fashion knight felt he was getting rid of the problematic variety store chain he’d controlled for 15...

Industry expert becomes consultant to Fox Williams LLP's Fashion Law Group

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Renowned industry commentator Eric Musgrave has joined the Fashion Law Group at Fox Williams LLP in a consultancy role. With his career spanning more than 36 years, Eric is best known for leading the UK fashion industry’s magazine of record, Drapers....

Original pricing: how fashion businesses can lack originality

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Charles Tyrwhitt sell shirts Some of their shirts are sold online at www.ctshirts.co.uk. For one particular cotton shirt the text on the page stated “29.95 was £70.00 saving £40.05” (the “advertisement”). The...

Licensing up your brand

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This article has appeared in the July edition of ' Footwear Today ', ' Cabinet-maker ' and ' CWB-Online '. Your brand is identified by your trade mark, a form of intellectual property. Like any piece of property you can use it or...

What is the difference between Tom Ford and Miu Miu?

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Quite a bit according to the latest rulings by the Advertising Standards Authority. Tom Ford advertisement Miu Miu advertisement Whilst the Tom Ford advertisement...

Fashion industry subject to competition law investigation

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Fashion industry subject to competition law investigation The surprise of the announcement last month by the Competition and Markets Authority of an initial investigation into suspected anti-competitive arrangements in the fashion industry which...

The music stops for Topshop

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Rihanna has won her battle against Topshop for its unauthorised use of her image. ...

FW Partner Steve Sidkin quoted in Drapers discussing M&S supplier winning copyright battle

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This article was first featured in Drapers 8 December, 2014 Marks & Spencer supplier Lee Ann Fashions has won a copyright case against John Kaldor Fabricmaker UK, which alleged one of its designs had been used without...

Per Una or not for one supplier

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Copyright in fabric patterns: how record keeping saved the day! It is well known that a designer should keep a record of his drawings to prove ownership of a copyright work. This is often used to enforce copyright against an infringer. ...

Summary of consumer rights regulations

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This article was originally written for and featured in Footwear Today . Like London buses – Consumer law changes come in 3s Did you miss them? Certainly the title of the Consumer Contracts (Information, Cancellation and Additional Charges)...

Apple - One to watch?

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It’s something when Gwen Stefani, Will i Am, U2 and a host of fashion designers spurn New York Fashion week to head West for the unveiling of Apple’s latest creation, the Apple Watch. Apple appears to have launched their newest line in true...

The importance of logistics - How online can go offline so easily

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The focus of every brand owner is how to drive sales. In turn this means increasing the prominence of the brand in its chosen market and determining the best channels to market. Brand owners will invest varying amounts in brand protection. This...

EU consumer regulations rewrite the small print for British etailers

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British retailers must review and update their online terms and conditions following the introduction of new consumer protection regulations last week. Under the Consumer Contracts Regulations, the UK arm of the EU Directive on Consumer Rights, shoppers...

The Secret is out and PINK is in

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The High Court has ruled that the use of PINK by the lingerie brand, Victoria’s Secret, infringes the trade marks of Thomas Pink. In the battle of the PINKS, Thomas Pink managed to convince the Court that...

Could franchising work for you?

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For a brand not attracted by the possibility of third party investment, franchising offers a route to expansion which can result in rapid growth. The starting point is for the brand to determine what exactly will be franchised and where. Where the brand...

The CEO's wandering hands

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Dov Charney and American Apparel have been in the news in recent days as a result of Mr Charney’s alleged predatory behaviour and sexual harassment. Perhaps this is merely an excuse for a powerplay aimed at obtaining control of the company, but a messy...

Ukraine and Russia the commercial impact of conflict

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With the partition of Ukraine becoming ever more likely, brands selling into Ukraine and Russia need to plan for how this may impact on their agreements. Whether the agreement is one of distributorship, agency, franchise, or licence, the starting...

Looking for the best of all worlds can leave you in a worse position

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Wanting to have your cake and eat it is quite normal. For a business facing a situation where it must make a statutory payment it is understandable. Where the payment arises under the Commercial Agents Regulations – where even after 20 years of...

Russian action shows need for an exit strategy

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In years to come students may be asked to compare and contrast the Austrian Anschluss in March 1938 with what has happened in March 2014 in Crimea. But unlike 76 years ago, fashion brands are much more global and those trading in Russia and Ukraine may well...

Amazon told to clean up its act following trade mark dispute with Lush

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Amazon was barred by the High Court this week from using LUSH as a term on an internet search engine and on its own website search facility to point consumers to rival products. Lush is known for its handmade quirky soaps. Its products cannot be...

Force Majeure Clauses - A Means of Protection?

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This article originally appeared in Childrenswear Buyer . News media reports draw attention to a fast-approaching energy gap. Within the lifetime of the current parliament, the UK could face a switch-off in electricity supply. Indeed, last winter the...

Reference pricing

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This article originally appeared in Footwear Today . Ever been tempted by a label stating “was £100, now £25” to buy the product immediately to avoid missing out on the bargain? The tactic, known as reference pricing, is used in...

Doesn't suit you, Sir!

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Last month TM Lewin & Sons received a slap from the Advertising Standards Authority for misleading advertising. TM Lewin has been required to remove the misleading advertising. Going forward it has promised to make clear the basis of price...

FW fashion law specialist quoted in Drapers: Suppliers made to pay for spring's slow start

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This article was originally written by Caroline Parry for Drapers . Tough trading on the high street has left retailers looking for ways to claw back margin - and suppliers are increasingly bearing the brunt as new payment terms are imposed....

'The fashion industry should give thought to it's suppliers'

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This article was originally written for and featured in Drapers . Tesco and Monsoon. Two fundamentally different businesses. But announcements by each towards the end of February highlight that the difference is getting bigger....

Use agents: Save tax and make money

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This article was originally written for and featured in Footwear Today . So George Osborne blinked. Rather than increase employer’s national insurance contributions in last month’s Budget, he announced plans to reduce NIC for small and...

FW partner comments on Black White Denim's possible legal fight over name in Drapers

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This article was originally written by Victoria Gallagher for Drapers . Premium womenswear indie Black White Denim is preparing for a legal battle after a South African company revealed plans to launch a store with the same name and...

Maximising the performance of your distributors

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This article was originally written for and featured in Footwear Today . In a difficult economic environment the importance of successful distributors cannot be overstated. But all too often experience shows that whilst the brand may be a wow and...

Steve Sidkin, FW fashion law specialist, comments on the legal position of Firetrap stockists in Drapers

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This article was originally written by Victoria Gallagher for Drapers . At least one Firetrap stockist is considering legal action after Sports Direct said it would not allow any autumn 12 orders to be cancelled. The Sports Direct-owned young fashion...

Eurozone exposure - What businesses should be doing

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For many, the question is which country will be the first to exit the Eurozone. Whether an existing Eurozone member jumps or is pushed is irrelevant. The consequences for many businesses are likely to be severe. This is particularly...

Fox Williams acts in SuperGroup IPO

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Leading City law firm Fox Williams has acted in the highest profile retail IPO of the year by advising existing client, SuperGroup PLC (“SuperGroup” or the “Company”) on its £125 million fundraising and listing on the main...