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Welcome to Fashion Law Network! I am a patent attorney at Caldwell Law, the go-to firm for patent filers. This is a monthly podcast where I will be discussing fashion related legal news and lawsuits. If you would like to learn more about my firm, visit caldwellip.com. Enjoy and thank you for listening!

Location:

United States

Description:

Welcome to Fashion Law Network! I am a patent attorney at Caldwell Law, the go-to firm for patent filers. This is a monthly podcast where I will be discussing fashion related legal news and lawsuits. If you would like to learn more about my firm, visit caldwellip.com. Enjoy and thank you for listening!

Language:

English


Episodes
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Meet Me by the Fountain

4/28/2024
This is a special episode featuring author, Alexandra Lange, who wrote one of my favorite books, Meet Me by the Fountain all about the inside history of shopping malls. We discuss our favorite mall architecture, current state of malls, future trends and much more! Enjoy and thank you for listening!

Duration:00:27:01

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Hermes Birkin Bag Barriers

3/31/2024
This episode is all about Hermes and the recent antitrust class action lawsuit filed in California alleging that Hermes is engaging in anticompetitive activities relating to the sale of the Hermes Birkin handbags. I provide my legal analysis and discussion on the lawsuit which includes Hermes' alleged practice of requiring customers to spend thousand on ancillary products before obtaining an opportunity to purchase a Birkin bag. Episode Notes: 1. Cavalleri v. Hermes, N.D. Cal., No. 3:24-cv-01707, 3/19/24.

Duration:00:29:22

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#ChanelWins

2/28/2024
This episode is a deep dive into the recent legal battle that Chanel won against luxury reseller, What Goes Around Comes Around. I provide a timeline of the legal battle, my legal analysis of the recent jury trial and verdict (Chanel v. What Goes Around Comes Around) and a discussion on the future of the luxury reselling landscape. Enjoy and thank you for listening! The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwelllaw.com. Episode Notes: 1. Chanel, Inc. v. What Comes Around Goes Around LLC et al, 1:2018cv02253 (S.D.N.Y. 2023)

Duration:00:27:56

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BRBY

1/31/2024
This episode is all about the Burberry fashion house. I begin with a brief history of the brand and then discuss patent and trademark law in relation to Burberry. I end the episode with my legal analysis and discussion of a trademark opposition involving Burberry Limited and Mattel's "Barbie" trademarks. Enjoy and thank you for listening. The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwelllaw.com.

Duration:00:23:41

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Who's the Fairest of Them All? Pt. 2

12/29/2023
Not Farfetch anymore! This episode is a follow up to my "Who's The Fairest of Them All" Pt. 1 episode when Farfetch was all the rage. How things have changed in a span of barely 2 years... listen to find out what happened to this former #1 ecommerce luxury online platform! I begin with a background of the Farfetch company, the recent events at the company and then I provide a legal discussion of a class action securities fraud lawsuit involving Farfetch. Enjoy and thank you for listenting.

Duration:00:21:37

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Luxury Slump

11/26/2023
This episode is all about the recent news of various luxury fashion houses reporting a major sales slump- is the "luxury party" over? I begin this episode with various fashion houses sales news with a focus on the largest luxury conglomerate, LVMH. Then I provide an in-depth legal discussion and analysis on three lawsuits that Gucci filed last week against Century 21, Lord&Taylor and Sam's Club. Enjoy and thank you for listening! Episode Notes: 1.Forbes Article: https://www.forbes.com/sites/pamdanziger/2023/07/29/luxury-leaders-sales-drop-in-us-as--aspirational-consumers-put-new-purchases-on-hold/?sh=a7fbc8e415c3 1. ⁠Gucci America, Inc. v. LORD & TAYLOR ECOMM LLC⁠, 1:23-cv-10239 (SDNY) 2. ⁠Gucci America, Inc. v. Sam’s West, Inc., et al.⁠, 1:23-cv-10246 (SDNY) 3. ⁠Gucci America, Inc. v. Century 21 USA LLC, et al.⁠, 1:23-cv-10247 (SDNY).

Duration:00:31:18

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Red Bottom Hats

10/29/2023
This is a special episode of the podcast series with a featured fashion guest, James Keith. James it the owner of the luxury accessories line, Keith James. His line rose to fame from his signature "red bottom" hats/fedoras for men and women and has now expanded into various other accessories. On this episode we discuss the concept of quiet luxury, trade dress trademark protection, James' fashion line, new book and much more. Enjoy and thank you for listening! Episode Notes: 1. www.keithjames.com 2. Rich Mindset Book link: https://www.amazon.com/gp/product/B0CL3L1FS7/ref=x_gr_bb_amazon?ie=UTF8&tag=x_gr_bb_amazon-20&linkCode=as2&camp=1789&creative=9325&creativeASIN=B0CL3L1FS7&SubscriptionId=1MGPYB6YW3HWK55XCGG2

Duration:00:20:15

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Chanel Premiere

9/30/2023
I am back with the first episode of Season 6! I begin this episode with some background history of the Chanel fashion house then discuss general patent law and analyze a few interesting recent patent and trademarks which are owned by Chanel. In the second half of the episode I discuss and analyze the many lawsuit filings Chanel has been busy with over the summer and at the end of episode I provides a few updates in the ongoing Chanel v. The RealReal lawsuit. Enjoy and thank you for listening! Episode Notes: 1. Chanel, Inc. v. The RealReal 1:18-cv-10626 (S.D.N.Y.) 2. Chanel, Inc. v. Villo & Co., LLC, et al., 1:23-cv-06781 (S.D.N.Y.) 3. Chanel, Inc. v. The Good Fastener LLC et al., 2:2023-vc-06264 (S.D. N.Y.)

Duration:00:33:36

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I Like Those Balenciagas

8/28/2023
This episode is all about the Balenciaga fashion house. I begin with a brief history of the fashion house, followed by a discussion of patent and trademark law in relation to Balenciaga and finally, I provide my legal analysis of two recent, interesting intellectual property-based lawsuits that the fashion house has been involved with. The first lawsuit I analyze is City Merchandise Inc., v. Balenciaga where a New York City souvenir company sued Balenciaga for copyright infringement for the design on their tote bags and the second lawsuit I discuss is CarFreshner Corp., v. Balenciaga where a car freshener company sued Balenciaga for trademark infringement among a few other claims. Episode Notes: 1. City Merchandise Inc., v. Balenciaga,1:18-cv-06748 (SDNY) 2. CarFreshner Corp., v. Balenciaga, 1:18-cv-09629 (SDNY)

Duration:00:28:53

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Drop Dead Gorgeous

5/31/2023
This episode is all about the world of beauty pageants with a legal spin. This episode features a very special guest, Caitlin Machol, a former Miss USA contestant and Miss Wisconsin titleholder. I begin the episode by providing some background information on the famous, Miss USA, Miss Universe and Miss America pageants, then I discuss and analyze a few lawsuits the organizations have been involved with. Finally, Caitlin provides lots of inside beauty pageant information such as the various fashion rules the contestants must adhere to, her story in competing in the Miss USA pageant, meeting Donald Trump and much more! Thank you for listening and enjoy! Episode Notes: 1. Miss Universe, LLP v. Miss Nude Southern USA 2. Miss Universe, LLP v. Diamonds International Corp. 3. Book: There She Was: The Secret History of Miss America by Amy Argetsinger 4. Book: Being Miss America: Behind the Rhinestone Curtain by Kate Shindle

Duration:00:38:43

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The Rise and Fall of Intermix

5/1/2023
This episode is all about the luxury multi-designer retail store, Intermix and their recent store closings. I begin the episode with a brief history of the Intermix company which begins in 1993, then I discuss the change in owners of the Intermix company including the acquisition by a private equity firm and a discussion of private equity firms and takeover implications. At the end of the episode, I provide my legal analysis and discussion of a recent lawsuit filed against the Intermix company. Enjoy and thank you for listening! Episode Notes: 1. Bal Harbour Shops, LLC v. Intermix Holdco, Inc. 2. Private Equity Article : Record numbers of UK firms are being swallowed by private equity – should we be worried? (theconversation.com)

Duration:00:28:07

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Parody or Infringement? No Laughing Matter

3/27/2023
This episode is all about trademark parodies in the context of fashion law. I begin this episode with a brief background of trademark law and the parody defense, next I discuss a few intellectual property parody lawsuits involving Louis Vuitton (Louis Vuitton v. Haute Diggity Dog , Louis Vuitton v. My Other Bag , Louis Vuitton v. MGA Entertainment ). I conclude the episode by providing my legal analysis of the recent trademark parody lawsuit which made it all the way to the Supreme Court involving Jack Daniel's and a dog toy company. Enjoy and thank you for listening! Episode Notes: 1. Louis Vuitton Malletier, S.A. v. Haute Diggity Dog, LLC, 507 F.3d 252 2. Louis Vuitton Malletier, S.A. v. My Other Bag, Inc., 1:2014-cv-03419 3. MGA Entertainment Inc. v. Louis Vuitton Malletier, S.A., 2:18-cv-10758 4. Jack Daniel’s Properties, Inc. v. VIP Products LLC, 22-148

Duration:00:25:19

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Is Secondhand Luxury Still on Fire?

2/27/2023
The RealReal lit the fuse in the secondhand luxury market sector but is the fire dying down now? On this episode I discuss the current state of the secondhand luxury market including a brief background of unique The RealReal business model and provide my legal analysis and discussion of an interesting securities lawsuit that The RealReal was recently embroiled with. Thank you listening, enjoy! Episode Notes: 1. Sanders v. RealReal Inc., 5:19-cv-07737 (N.D. Cal.)

Duration:00:21:43

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Luxury Acquisitions

1/30/2023
This episode is all about the recent mergers and acquisitions in the luxury fashion space, namely, the Farfetch company and their acquisition of the Yoox-Net-a-Porter Group (YNAP). On this episode, I discuss the history and brief biography of the owner and founder of the Farfetch company and their business model along with other notable, recent luxury fashion house acquisitions. Finally, I discuss and analyze a recent trademark infringement lawsuit which Farfetch was embroiled in. Don't forget to sign up for the Fashion Law Network meet n' greet event on March 23, 2023! Enjoy and thank you for listening! Episode Notes: 1. EventBrite: https://www.eventbrite.com/e/fashion-law-network-podcast-meetup-tickets-515122002777 Meetup: https://www.meetup.com/fashion-law-network/events/290921859/?isFirstPublish=true March 23rd @ 5:00-8:00PM 100 Wilshire Blvd, Suite 1800 2. AirWair International Ltd. v. Yoox Net-A-Porter Group S.P.A. (3:18-cv-06051) District Court, N.D. California

Duration:00:22:53

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Interview with a USPTO Director

12/1/2022
This is a special episode featuring Mr. Andrei Iancu, the former director of the United States Patent and Trademark Office (USPTO). We begin our discussion with a background and interesting details about the USPTO, the launch of the Council For Innovation Promotion and the value of patents. Then we discuss the recent controversial anti-patent remarks made by Elon Musk and the landmark Supreme Court case bearing my guest's name, Iancu v. Brunetti, which was decided during Mr. Iancu's time at the USPTO. Enjoy and thank you for listening! Episode Notes: 1. Council for Innovation Promotion: www.C4IP.org 2. Iancu v. Brunetti, 139 S. Ct. 2294 (2019) The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwellip.com.

Duration:00:21:42

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Dolce & Banana?

10/31/2022
This episode is all about the Dolce & Gabbana fashion house. I begin with a brief history of the brand and then discuss patent and trademark law in relation to Dolce & Gabbana. I end the episode with my legal analysis and discussion of a trademark infringement situation involving Dolce & Gabbana versus a store called Dolce & Banana! Enjoy and thank you for listening. The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwellip.com.

Duration:00:22:17

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Neiman Marcus for the Win

9/27/2022
How is luxury department store Neiman Marcus thriving when most department stores are struggling at unprecedented levels? I answer this question and much more on this episode. I also provide my legal analysis, discussion and update on the Neiman Marcus legal battle with (now closed) hedge fund Marble Ridge Capital. Episode Notes: 1. Marble Ridge Capital LP v. Neiman Marcus Group Inc., et al, DC-18-18371 (116TH Judicial Circuit (Dallas)) 2. Neiman Marcus Group Inc., v. Simon Property Group Inc.
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Symphony of Scents

8/29/2022
This episode is all about the world of luxury fragrances with a focus on the famous Chanel No. 5 perfume. I begin with a brief history of the Chanel No. 5 perfume then discuss various forms of legal protection for fragrances and end the episode with a legal analysis of a recent lawsuit centering on the Chanel No. 5 perfume. Episode Notes: 1. Chanel v. Love Story No. 9 2. Civil Judgment No. 319 [2021], Final, Civil, Shaanxi of the High People's Court of Shaanxi Province. The ruling is accessible here, in Chinese, retrieved from China Judgments Online
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War Of The Red Soled Stilettos

7/31/2022
This episode is all about the luxury fashion house of Christian Louboutin. I begin with some brief history of the Louboutin fashion house, then discuss patents and trademarks in relation to Louboutin. Finally, I discuss and provide a legal analysis of the landmark lawsuit over the red soled stilettos initiated by Christian Louboutin against Yves Saint Laurent. Enjoy and thank you for listening! The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwellip.com. Episode Notes: 1. Christian Louboutin S.A. v. Yves Saint Laurent America, Inc., 778 F. Supp. 2d 445, 451 (S.D.N.Y. 2011)
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Cartier Love

6/28/2022
This episode is all about the luxury jewelry house of Cartier. I begin with some brief history of the Cartier fashion house, then discuss trademark and trade dress law in relation to Cartier. Finally, I discuss and provide a legal analysis of the new lawsuit initiated by Cartier and Amazon against various influencers attempting to sell allegedly counterfeit Cartier jewelry. Enjoy and thank you for listening! The Fashion Law Network podcast and statements made are for entertainment purposes only and are not legal advice. If you would like legal advice or a legal consultation you may contact me directly at kasia@caldwellip.com. Episode Notes: 1. Cartier and Amazon.com Inc v. PHMN9Y3V, et al, 2:22-cv-00840 (W.D. Wash.) 2. Cartier and Amazon.com Inc v. Yfxf, et al, :22-cv-00841 (W.D. Wash.)