When we last wrote about the epic trademark war that Gucci launched against Guess in 2009, we noted that the case made headlines soon after the first filing. Apparently Gucci’s former in-house counsel, Jonathan Moss, had been engaging in faux lawyering, and he paid for it dearly — with his job.
Gucci v. Guess has been a dramatic roller coaster ride ever since, complete with men crying on the witness stand, and hours upon hours of in-court questioning for one company’s chief executive officer.
But as we noted in Morning Docket, a verdict has finally been reached in the case, and it looks like Guess will have to own up to its fashion faux pas with a payout of more than $4 million dollars in damages. But how will this ruling affect the fashion world at large? Let’s take a look….
This week, the ITC ruled in favor of Louis Vuitton Malletier in an effort to protect the luxury goods company from a “large-scale international counterfeiting and infringing enterprise” that was reportedly run by Jianyong Zheng and Alice Bei Wang. The pair had allegedly imported, sold, and profited from faux replicas of the fashion house’s iconic toile monogram.
What does this ruling mean for Louis Vuitton, and what kind of remedy will be issued?
Apparently Moss had forgotten to renew his bar membership, and in the world of fashion law, one day you’re in, and the next day, you’re out (just like on Project Runway). Because there’s only one thing worse than faux leather, and that’s faux lawyering.
Armed with new lead counsel, Gucci faced off against Guess in federal court for the first time yesterday. While Gucci claimed that Guess had attempted to produce copycat designs, Guess countered that its products could never be confused with that of Gucci — after all, no one’s rapping about Guess.
Earlier this week, the New York City Bar Association’s Committee on Fashion Law hosted an event that featured in-house attorneys from some of the country’s most prominent cosmetic brands — companies like Coty, Avon Products, Elizabeth Arden, and Revlon.
So, what’s it really like to be an in-house attorney working in the beauty and fashion industry? Will you get to flex your copyright and trademark muscles? Is it really as glamorous as it all seems?
After a 16-year-long fight, Valentino has prevailed in litigation with Florence Fashions over the use of the Valentino trademark. Read an interesting interview with Valentino’s lawyer, Anne Sterba, and comment — over at our sister site, Fashionista.
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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