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The Weekly Cut

News you can use from around the fashion industry:

Fashion Counsel: Babies R Us HALO SleepSack a Costly Reminder of Brand-Damaging Recalls

In August, baby products maker HALO became the most recent high-profile company to recall items of clothing, after it pulled back 27,000 of its SleepSack wearable blankets due to a choking hazard.

Marc Joseph Takes Aim at Clarks for Imitation Moccasin Design

On August 20, 2013, Marc Joseph NY, Inc. (Marc Joseph) filed an action before the US District Court for the Eastern District of New York against C. & J. Clark America, Inc. (Clarks) for trademark infringement and unfair competition of its “Cypress Hill” moccasin design.

Get Ready: SEC’s Conflict Mineral Reporting Deadline is Looming

Pursuant to Section 1502 of the Dodd-Frank Wall Street Reform Act, the Securities and Exchange Commission (SEC) issued final regulations on September 12, 2012 requiring publicly traded companies to disclose their use of “conflict minerals” in products they manufacture or have contract manufactured for them to proprietary specifications.

Fashion Counsel: Urban Outfitters Class Action Suit Raises Consumer Data Collection Questions

Last month, Time Style reported that a class action law suit was filed against Urban Outfitters and Anthropologie for allegedly leading customers to believe that they needed to provide their zip code to complete a purchase. In stores, retailers often collect customer data at the transaction point, but as seen in the Urban Outfitters/Anthropologie case, it is problematic as the US moves towards considering certain types of data, like zip code and email, sensitive. 

US and China Announce Results of First Joint Crackdown on Counterfeit Luxury Goods

Overcoming the challenges of fighting organized crime networks involved in industrial scale illicit trade and counterfeiting, international partnerships recently led to 6,000 arrests and the seizure of 24 million fake goods worth nearly $133 million US dollars during INTERPOL-led operations codenamed “Black Poseidon II” (Europe), “Etosha” (Africa), “Hurricane” (Asia), and “Pacific” (the Americas) in May and June. Seized goods included fake consumer electronics, DVDs, mobile phones, tobacco, and cooking oil.

Skechers Pays Up in “Shape-Up” Class Actions

July marked the latest milestone in the years-long legal proceedings related to Skechers USA, Inc.’s marketing and sale of toning shoes. On July 11, 2013, the Federal Trade Commission (FTC) announced that an administrator mailed 509,175 checks to consumers who bought various shoes that Skechers marketed through allegedly deceptive advertisements. (See the FTC announcement here.)

Vans Loses Bid to Dismiss Dr. Martens’ Trade Dress Suit Based on Foreign Sales

Vans, Inc., the maker of Vans footwear, recently lost its attempt to dismiss a trademark infringement suit filed against it by AirWair International Ltd. AirWair alleged that Vans’ Gibson line of footwear infringes AirWair’s trademark and trade dress rights in its Dr. Martens line, causing a likelihood of confusion among US consumers.

Dolce & Gabbana in for No Easy Ride with Peter Fonda

The journey of Easy Rider is set to become less smooth. On July 16, 2013, Peter Fonda, co-star, co-producer, and co-writer of the iconic film, filed suit against Dolce & Gabbana in the Superior Court of the State of California for the County of Los Angeles. He alleges that the company appropriated images of Mr. Fonda from the film, and used the Easy Rider logo without his permission. These images were printed on T-shirts advertised and sold by the company for $300.

Fashion Companies Respond to Bangladeshi Factory Concerns

Selecting where to source manufacturing of fashion goods is not dependent on price alone. Companies looking to source need to be aware of consumer perceptions when selecting a sourcing territory. Perception worries might not carry the same importance to all companies, but it is undeniable that businesses make decisions based on their clientele’s views on sourcing locations.