Saturday, December 29, 2012

Louboutin vs. YSL: Who Won?


The lawsuit that had the fashion law world on its toes is finally over! The verdict? The Manhattan federal district court dismissed Louboutin's lawsuit against Yves Saint-Laurent ordering that YSL can still sell its red sole shoes when red was used as the color for the entire shoe.  In September, the federal court of appeals confirmed Louboutin's red sole trademark protection only when there was contrasting uppers but would not give Louboutin "monopoly on the color red [which] would impermissibly hinder competition among other participants".  

Therefore, Thursday's order concluded the case as a whole.  It would appear that neither side really lost. Louboutin had its trademark on its red soles reaffirmed and YSL was given the legal-nod to continue to produce monochromatic red heels. 

YSL is satisfied and released the following statement:

YSL is pleased to see now completely closed this action that had put at risk the ability of fashion designers to trademark color, as well as to now have confirmation from the Court that it is entitled to continue to sell its unique and famous monochromatic red shoes.


Read More:
WWD: Christian Louboutin, YSL Suit Dismissed
Fashionista: The Christian Louboutin Vs. YSL Red Sole Battle is Officially Over

Monday, December 10, 2012

Bangladesh Factory Fire: The Guilty Consumer

There has been a lot of news about the factory fire in Bangladesh on November 24th which occurred just as bargain-hunting Americans finished the traditional all-night (and day) after Thanksgiving shop-a-thon also known as Black Friday and spilling over the weekend.  

The fire occurred near the Bangladesh capital, Dhaka, which produced clothing for large American and European retailers such as Walmart, Sears, H&M, Marks & Spencer, and Carrefour. The fire killed 112 workers in a building that lacked emergency fire exits and other standard safety measures. Workers jumped out of window that were not barred in an attempt to escape as exit doors were also locked to prevent worker theft.  The fire was sadly very reminiscent of the Triangle Shirtwaist Factory fire in 1911 in New York.


Tuesday, December 4, 2012

"Kontroversy" Over Kardashian's Khroma Beauty Make-Up Line


The Kardashian sisters once again are finding themselves in the middle of a "kontroversy." This time over the name of their make-up line Khroma Beauty.  In October, Chroma Makeup Studio posted a letter on its website which is still up, clarifying and distinguishing its brand from Khroma Beauty calling the Kardashian brand "low budget" and stating its intention to defend its trademark.  

The post reads, "[t]he recent releases issued by the Kardashians in regard to their Khroma Beauty product line have caused widespread confusion among our clients.  We have received many concerned inquiries from clients who are under the mistaken impression that Chroma Makeup Studio has somehow become associated with the Kardashians . . .Rest assured, Chroma Makeup Studio, which has a long-standing reputation for high quality colour line cosmetics and services, is NOT endorsing low budget cosmetic products that will be sold in mass retail outlets.  Chroma is in no way associated with the Kardashians."  It goes on to state, "all appropriate steps to defend its reputation and the 12 years of goodwill we have built under the CHROMA MAKEUP STUDIO trademark."


Hearst Lawyers Emailing Former Unpaid Interns to Boost Defense


It looks like the lawyers for Hearst Corporation are seeking to boost its defense in the unpaid intern class-action lawsuit filed in February of this year by Diana Wang, a former unpaid head accessories intern at Harper's Bazaar magazine. Ms. Wang's lawsuit claims Hearst violated federal and state labor laws by misclassifying her as an intern rather than an employee when she worked normal hours (sometimes more) performing entry-level work with little supervision. The judge presiding over the case granted class action status in July with approximately 3,000 former interns now on board.

Last Friday, Hearst lawyers emailed former unpaid interns asking for stories of "the opportunities and experiences they received from their internships." It's pretty clear that the lawyers are hoping to use these stories to spin a positive light on the unpaid internship program. Nonetheless, Hearst has done already away with unpaid internship and will only accept interns who receive school credit.

Read more:
NYMag: Hearst’s Lawyers Now E-mailing Former Unpaid Interns   
NYMag: The Norma Rae of Fashion Interns