This episode is all about the natural selection process in the retail industry. I focus my analysis on one endangered species in particular, the shopping mall. I begin with some background information and history on American shopping malls and discuss a few recent mall lawsuits. Then I discuss general bankruptcy law and provide a recent timeline of various major retailer bankruptcies.  

This episode is all about off price retailers! I begin with a discussion of the TJ Maxx family of stores (TJ Maxx, TK Maxx, Marshall's etc.) and how some major luxury designer merchandise from brands like Manolo Blahnik, Gucci, Fendi, Saint Laurent end up for sale there at a major discount. I also discuss other off price retailers like Last Call by Neiman Marcus. At the end of the episode I discuss and analyze the class action lawsuit Rubenstein v. The Neiman Marcus Group LLC which alleged that Neiman Marcus “labels its Last Call clothing with a tag that shows a markedly lower price from the 'Compared to' price which corresponds to the price that appears to be used in traditional Neiman Marcus retail stores". Enjoy and thank you for listening! 

Episode Notes: 

1. Rubenstein v. The Neiman Marcus Group LLC,  2:14-cv-07155 ( C.D. Cal. 2014)

This episode is all about the French luxury Givenchy fashion house. I begin with some brief history of the fashion house including how LVMH acquired the Givenchy company in the mid 80’s. Then I discuss patent and trademark law in relation to Givenchy focusing on trade dress which is a form of trademark law that I have not yet discussed on this podcast series. Finally, I illustrate how trade dress may be used in a fashion context by discussing and analyzing the trade dress infringement lawsuit of Givenchy v. BCBG Max Azria. Enjoy and thank you for listening!

Episode Notes: 

1. Givenchy S.A. v. BCBG Max Azria Group, Inc. CV10-8394 (C.D. Cal. 2010)

This episode is all about fashion designer, director and style legend Tom Ford. I begin with a brief biography and history of Tom Ford's career. Then I provide a legal analysis of the trademark infringement case Chadwick McQueen v. Tom Ford International LLC  over a Tom Ford shawl collar cardigan. Finally, I discuss and analyze how Tom Ford's counsel was able to register a trademark for Tom Ford's famous and controversial perfume name "fucking fabulous" overcoming the scandalousness provision of Section 2(a) of the Lanham Act including a discussion of the recent landmark Supreme Court decision in Iancu v. Brunetti.  Enjoy and thank you for listening! 

Episode Notes: 

1. Chadwick McQueen v. Tom Ford International LLC (2:19-cv-04074) (C.D. Cal. 2019)

2. Iancu v. Brunetti, No. 18-302 (U.S., June 24, 2019)

This episode is all about the application of Anti-SLAPP laws on a few high-profile entertainment and fashion industry lawsuits including in connection with the recent case of dbleudazzled, LLC v. Khloe Kardashian and Good American. This is a special episode featuring an interview and discussion with Mike Trauben, an entertainment attorney in Beverly Hills, who is well-versed in this field of law and has litigated some really high profile anti-SLAPP law cases. Enjoy and thank you for listening!

Episode Notes:

1. Special Guest: Mike Trauben is a partner at the Beverly Hills law firm www.singhtraubenlaw.com

2. dbleudazzled, LLC v. Khloe Kardashian and Good American, LLC, 20STCV20510 (Cal.Sup.)

3. James Bellino et al. v. Tamra Judge et al., 30-2018-01008497

Is social media the future of shopping? On this episode I discuss how social media is changing the way we shop, with a focus on Instagram. I discuss and analyze a few recent relevant utility patents owned by Instagram/Facebook and then go over a few lawsuits involving Instagram and influencers such as Conditi v. Instagram, LLC et al and Amazon.com, Inc. v. Fitzpatrick et al. Enjoy and thank you for listening!

Episodes Notes:

1. Brittany Conditi, et al. v. Instagram LLC, et al., Case No. 3:20-cv-06534-AGT (N.D. Cal. 2020)

2.  Amazon.com, Inc. v. Fitzpatrick et al, 2:20-cv-016622 (W.D. Wash. 2020)

3. Eva’s Photography, Inc. v. Fendi North America, Inc., 1:20-cv-03331 (S.D.N.Y. 2020)

4. Swedishandstylish LLC v. Christian Dior, Inc., 1:20-cv-02099 (S.D.N.Y 2020)

This episode is all about the impact of Brexit on intellectual property and fashion law.  This is a special episode featuring an interview and discussion with U.K. fashion lawyer and author, Rosie Burbidge. Rosie wrote the book titled, European Fashion Law. We discuss and analyze the various changes to trademarks, patents and copyrights due to Brexit among other issues.  Enjoy!

Episode Notes: 

1. Special Guest: Rosie Burbidge : Author of European Fashion Law: A Practical Guide from Start Up to Global Success and she is a partner at the law firm www.gunnercooke.com

2. Freddy SPA v. Hugz Clothing Ltd & Ors (2020) EWHC 3032 (IPEC)

This episode is all about the interplay of fashion and street art and the various intellectual property issues that may arise. I discuss and analyze a few interesting lawsuits involving artists Mr. Brainwash and Banksy. At the end of the episode I discuss a recent landmark lawsuit which awarded $6.75 million to street artists when their work was whitewashed off the exterior of a warehouse complex in New York. 

Episode Notes: 

1. Amusement Art, LLC v. Life Is Beautiful, LLC et al, 2:2014-cv-08290 (2019)

2. Banksy v. Full Colour Black 

3. Castillo v. G&M Realty L.P., No. 18‐498‐cv (2020)

I begin this episode with some background history  of the Chanel fashion house  then discuss general patent law and analyze a few interesting recent patents which are owned by Chanel. In the second half of the  episode I discuss and analyze the many updates in the ongoing Chanel v. The RealReal lawsuit. 

Episode Notes: 

1.  Chanel Utility Patent : Cosmetic article comprising stacked meshes

https://pdfpiw.uspto.gov/.piw?Docid=10842240&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3DHITOFF%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsearch-adv.htm%2526r%3D1%2526p%3D1%2526f%3DG%2526l%3D50%2526d%3DPTXT%2526S1%3Dchanel.ASNM.%2526OS%3Dan%2Fchanel%2526RS%3DAN%2Fchanel&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page

2. Chanel Utility Patent: Sestrin activators for preventing and/or attenuating skin ageing and/or hydrating the skin and/or for regulating skin pigmentation

https://pdfpiw.uspto.gov/.piw?Docid=10745755&homeurl=http%3A%2F%2Fpatft.uspto.gov%2Fnetacgi%2Fnph-Parser%3FSect1%3DPTO2%2526Sect2%3DHITOFF%2526u%3D%25252Fnetahtml%25252FPTO%25252Fsearch-adv.htm%2526r%3D4%2526p%3D1%2526f%3DG%2526l%3D50%2526d%3DPTXT%2526S1%3Dchanel.ASNM.%2526OS%3Dan%2Fchanel%2526RS%3DAN%2Fchanel&PageNum=&Rtype=&SectionNum=&idkey=NONE&Input=View+first+page

3. Chanel v. The RealReal 1:18-cv-10626 (S.D.N.Y)

I have a very special episode today as I am joined by retail guru, Nicole Leinbach Reyhle who has been recognized globally as a top 10 retail thought leader. Nicole is the founder and publisher of retailminded.com which is a very popular publication for its leading retail insight and she is the author of the book “Retail 101: The Guide to Managing and Marketing Your Retail Business”. Nicole has published thousands of article for Forbes and Entrepreneur among other business trade magazines. Nicole is a sought after speaker to various retailers and industry leaders while also contributing as an expert to a variety of media outlets including The Today Show, CNBC and more.

On this episode, Nicole and I discuss the various changes happening to holiday retail this season, how retail has transformed since the Covid pandemic and the Shop Safe and INFORM Consumer Acts among other topics.

Episode Notes:

1. Featured guest: Nicole Leinbach Reyhle www.retailminded.com, Instagram @retailmindedworld, Twitter @RetailMinded