*|MC:SUBJECT|*

Enterprise Digest


All of the important news and exclusive analysis you need, delivered to your inbox every Friday


Armani is making headlines today after an Italian court revealed that it is tied up in a labor matter after at least one of its suppliers used subcontractors that flouted national labor laws. In a court order released on Friday, the Court of Milan stated that one of Armani’s suppliers, Manifatture Lombarde, “used subcontractors in the Milan area that employed undocumented migrants for the production of Armani bags, leather goods, and other accessories,” subjecting these individuals to “particularly disadvantageous working conditions,” including requirements that they work a greater number of hours than the company officially declared and the payment of wages of between €2 and €3 ($3.25) per hour. (Reuters reports that not one but two of Armani’s suppliers, Manifatture Lombarde and Alviero Martini, are on the hook for subcontracting out the manufacturing of Armani accessories to third party companies without Armani’s knowledge or authorization.)

 

In a nod to precautions taken by Armani to avoid impropriety in it supply chain, the court found that Giorgio Armani Operations’ contract with Manifatture Lombarde included a code of ethics, as well as an explicit ban on working with subcontractors, with Armani asserting that it has “always had control and prevention measures in place to minimize abuses in the supply chain.” 

 

“In a ruling dated April 3 and made public on Friday, the court appointed a consultant for one year to work alongside managers [at Giorgio Armani Operations] to improve relations with suppliers,” the AFP reported. The court clarified that the purpose of the year-long judicial administration process is “preventative” and aimed at removing Giorgio Armani Operations “from criminal infiltration as quickly as possible.” Armani said in a statement that Giorgio Armani Operations “will collaborate with the utmost transparency with the competent bodies to clarify its position on the matter.”

 

THE BIGGER PICTURE: The court’s order – which comes amid a years-long effort by the Milan public prosecutors’ office to investigate the outsourcing of production by large groups in fashion and other industries to subcontractors that allegedly exploit workers, per Reuters – sheds light on rising regulatory attention to apparel brands’ supply chains. (Such attention is likely to increase further in coming years in light of ESG-centric calls for increased transparency about companies’ value chains, including on the human rights front.) While fast fashion companies have traditionally been at the center of labor-related disputes, the matter at hand demonstrates that both the mass-market and high-fashion levels, alike, face difficulties when it comes to keeping tabs on their complex and often murky manufacturing chains.


Some Litigation Updates …


> Levi Strauss v. Blakely Clothing CoLevi’s is suing Blakely Clothing Co., alleging that the UK-based brand has “misappropriated [its] famous trademarks” – including the tab device – “as symbols for their own apparel products.” 

 

> OpenAI © cases: A group of authors that are suing OpenAI & Microsoft in © class actions in a San Francisco federal court cannot intervene in a similar consolidated group of © cases underway in federal court in New York, an SDNY judge ruled this week

 

> BBK Tobacco & Foods v. Central Coast AgricultureThe 9th Circuit held this week that district courts have jurisdiction to cancel or alter trademark applications pending before the USPTO and confirmed that a lack of bona fide intent to use the mark is a valid basis for such an order.

In some deal-making news this week …

– Julie Zerbo
Founder & Editor-in-Chief

Here are TFL’s top articles of the week …

1. Resale & Trademark Exhaustion in the EU: A Guide for Brand Owners. What does the rising luxury resale market means for the exhaustion of TM rights, parallel imported goods, the repackaging/upcycling of second-hand goods & the sale of counterfeit goods?


2. What is Really Driving Luxury Brands’ Warranties & In-House Repairs? As luxury goods companies continue to raise the prices of their offerings, the more critical exercise here may be in justifying their increasingly eye-watering price tags.


3. Coach Sues Gap Over Sale of TM-Bearing T-Shirts. Coach & its parent company are suing Gap, Inc. for offering up t-shirts emblazoned with the word COACH on the front of them.

4. Contributory Liability in Focus as Brandy Melville Sues Redbubble Again. After SCOTUS refused to review a 9th Cir. holding in a case that Melville previously filed against Redbubble on contributory TM liability grounds, the retailer lodged a new TM and © infringement complaint. 

5. Nike Beats Lawsuit Accusing it of “Greenwashing” its Wares. All of Ellis’ claims “are premised on Nike’s statements being misleading, false, or fraudulent,” and yet, “she has failed to plausibly allege that they are.” 


6. In case you missed it … The Risks of Green Marketing: A Snapshot of Greenwashing Litigation. Of the greenwashing cases that have been filed in the U.S. since 2015, at least 30% have centered on false and/or misleading environmentally friendly, earth friendly, eco-friendly or environmentally responsible claims.

7. Hermès Lands Latest Win in Global Crackdown on Birkin Copies. The case comes amid a larger effort by Hermès to police infringements of and/or other efforts to piggyback on the appeal of its most famous handbag.

8. Claims Against Companies’ Directors for ESG Breaches Are Coming. Not only are ESG-centric shortcomings “bad for business,” but they may also be problematic for companies’ directors, who could be personally liable for such ESG failings.