Law à la Mode: Beauty Trends: 5 Key Beauty M&A deals; Street art and fashion; Word from the industry's mouth; The rise in innovative retail services; and more

Issue 28

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Law à la Mode

The Moroccan editorial team is delighted to bring you the 28th edition of Law à la Mode, the quarterly legal magazine produced by DLA Piper's Consumer Goods & Retail Sector Group for clients and contacts of the firm worldwide.

This edition features an exclusive interview with Caroline Rush, Chief Executive of the British Fashion Council, where she shares her views on topics including the challenges facing businesses, opportunities for growth and plans for London Fashion Week. The UK team also explores trends in the acquisition of beauty brands and looks at legal risks around employment status in the retail industry.

Our Parisian team highlight approaches to tackling the growing problem of trademark trolls, whilst our Australian colleagues also consider recent changes to Australian trademark law that clarify the country’s position on parallel importation, then dive into implications for fashion and luxury goods companies that distribute, or directly sell, their products in Australia.

Our US team looks at the limitations arising from “fair use” in potential challenges to copyrighted content, and the US and Canadian teams jointly offer thoughts for franchises considering an expansion into Canada. We also bring you articles on the legal consequences of the unauthorized use by fashion designers of street artworks in Italy; labelling requirements in Germany for fashion influencer marketing; and the scourge of counterfeiting in Morocco.

We hope you enjoy this edition of Law à la Mode. If you have any questions please get in touch with DLA Piper's Consumer Goods and Retail Sector Group via our email address: retail@dlapiper.com.

In this issue

  • Germany: Labeling requirements for fashion influencer marketing − more transparency can also lead to restrictions
    20 MAY 2019

    Many observers in Europe today feel that the practice of labeling of advertising in social media, such as Instagram, has gone a little off the rails. The rule of thumb: “Where there is advertising, there must be labeling” is taken ad absurdum. In fear of receiving a warning letter for incorrect labeling, many influencers label posts that name brands as advertising even if they have not been paid for it.

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  • Vigilance required: Trademark exhaustion and parallel importation in Australia
    20 MAY 2019

    Maintaining the integrity of distribution channels is a key concern for brand owners, particularly in the fashion and luxury goods industries.

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  • Word from the industry’s mouth: An Exclusive Interview with Caroline Rush, CBE, Chief Executive of the British Fashion Council
    20 MAY 2019

    As Chief Executive of the British Fashion Council, Caroline Rush’s role is to promote the British fashion industry, both through London Fashion Week and through wide ranging initiatives, including the BFC/Vogue Designer Fashion Fund and the BFC Fashion Trust; indeed, we first met Caroline through DLA Piper’s involvement in the BFC’s NEWGEN programme, an initiative dedicated to helping designers to innovate and commercialised their creativity. We are delighted to have this opportunity to share Caroline’s thoughts on her role and the future of British fashion.

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  • Beauty trends: Five key M&A deals
    20 MAY 2019

    The beauty industry, much like the wider fashion industry with which it often works hand in hand, thrives on its promise to sell the tools for individual enhancement and expression. Trends, as they exist in beauty, are often limited to certain demographics, and dramatically different products, looks and regimes are typically trending at the same time.

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  • Street art and fashion in Italy: Who owns the rights to anonymous public artworks?
    20 MAY 2019

    Undoubtedly, street art and fashion have always been in a controversial relationship. In Italy, we are seeing the latest upwelling of relationship problems, in the use by fashion designers of street art. Should murals or graffiti by anonymous creators be defined as works of art, and therefore be granted the protection provided by Italian Copyright Law (L. 633/1941)? Or should they be considered assets in the public domain, freely exploitable by fashion designers?

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  • The rise in innovative retail services: tips on managing employment status risk
    20 MAY 2019

    In the face of the changing marketplace and increasing cost pressures, retailers are creating innovative methods of selling and delivering to consumers which continue the trend of moving away from purely in-store shopping and focussing on the customer 'experience'. The courier service being offered by some luxury retailers − whereby specialist couriers deliver selected items to customers to try on at home and provide a tailoring service − is just one example.

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  • Reminder: In the age of social influence, fair use must be considered
    20 MAY 2019

    Sharing, reposting and retweeting has become commonplace among social media users, to the point where many users hold the mistaken belief that content found on the internet is free for the taking and that traditional copyright rules do not apply. The result is widespread unauthorized use of materials in ways that may violated owners’ rights.

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  • France: The difficult fight against trademark troll practices
    20 MAY 2019

    Fashion retailers today face multiple challenges arising from global trade, the explosion of e-commerce and the imperative to operate sustainably while meeting ever higher client expectations. In this climate, a brand’s image and reputation have become key factors of business success. Trademarks, in this shifting climate, provide a highly valuable competitive advantage, making the need to protect them even more important. The prudent business thus is proactive in its trademark protection and enforcement strategy.

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  • The scourge of counterfeiting in Morocco
    20 MAY 2019

    Many consumers love fakes. It is not unusual to find, in Morocco, a counterfeit Chanel bag at MAD2,000 (EUR185), or Gucci sneakers at MAD1,500 (EUR138). Counterfeit items are often made with materials that are as close as possible to those used in the originals even if the difference in quality is at least significant (i.e. natural leather for bags and shoes and cotton or wool for clothing).

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  • Retail franchising: key factors to consider for your international expansion into Canada
    20 MAY 2019

    Recent years have shown a propensity for Canadian firms to expand their use of franchise arrangements. This expansion has included a robust increase in US-driven cross-border franchise relationships. As a result of both geographic proximity and cultural similarities, Canada has become an attractive entry point for US retailers contemplating international expansion.

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