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Washington is the latest state to propose a fashion-specific bill that would require large fashion manufacturers and retailers to establish, track, and disclose progress towards due diligence and environmental performance targets. The bill – which was introduced to the Washington State House this month by Representatives Mena, Doglio, Berry, Reed, Ramel, Macri, Berg, Duerr, Slatter, and Street – asserts that that the legislature finds that “the fashion industry has many negative environmental impacts, including high levels of water use, run-off pollution from the use of agrochemicals and dyes, carbon emissions, industry waste, and hazardous work.”

The legislature also “recognizes that some companies have committed to mitigation measures, such as the use of the science-based targets initiative, a tool for reducing carbon emissions.” Still yet, the drafters note in the new bill that “legislation regarding due diligence is being considered in New York and the European Union, and Germany, France, Britain, and Australia have laws requiring due diligence when it comes to human rights and slavery.” 

>> Against that background … House Bill 2068 states that the Washington state legislature “intends to address the negative environmental impacts of the fashion industry,” by “requiring companies to map a minimum of 50 percent of their supply chain, disclose where in that chain they have the greatest environmental impact when it comes to low wages, energy, greenhouse gas emissions, water, and chemical management, and make plans to reduce those numbers.”

Read More Here

Some Litigation Updates …

> Griffin et al v. Guess: Two well-known graffiti artists known professionally as NEKST and BATES have named Guess? and Macy’s in a copyright infringement, unfair competition & misappropriation of likeness lawsuit for allegedly co-opting their “special combination of graffiti style” for apparel products. (That complaint is here.)


> Rogozinksi v. Reddit, Inc: A fed. court in California granted Reddit’s motion to dismiss the case waged against it by Jaime Rogozinski, founder of the WallStreetBets forum, concluding that Reddit established use & ownership of the WallStreetBets trademark in 2012 when Rogozinksi created the subreddit. The court also dismissed Rogozinski’s TM dilution claim on the basis that the WSB marks are not famous enough. 


> Chanel v. WGACA: The parties were still in the midst of trial this week. You can find our timeline of updates for that case here

Luxury in 2024

Bain released its annual Luxury Goods Worldwide Market Study this week, finding that “despite challenging macroeconomic conditions, we estimate the overall luxury market reached €1.5 trillion globally in 2023, a robust 8% to 10% growth over 2022 at current exchange rates (11% to 13% at constant exchange rates), setting a record for the industry and proving its unparalleled resilience.” In particular, Bain highlighted that “spending on experiences [is] recover[ing] to historic highs, fueled by a resurgence in social interactions and travel.”

In some deal-making news this week …

– Julie Zerbo
Founder & Editor-in-Chief

Here are TFL’s top articles of the week …

1. Nike, BAPE Continue to Clash Over Sneaker Trade Dress. Disputes regarding the definition of the claimed trade dress “often take on an expected split: claimants “typically resist specificity” when it comes to trade dress descriptions, while defendants “demand it.”

2. Second Cir. Sides with Hayley Paige (in Part) in Fight Over Social Media Accounts. A federal appeals court has sounded off (yet again) in a “first-of-its-kind case,” setting out the framework for determining ownership of social media accounts. 

3. The Brand Prominence Dilemma: The Role of Logos in the Luxury Market. Literature on conspicuous consumption has traditionally suggested that “price differences might drive signal explicitness,” with the boldness of branding increasing as the price of a product does; this is true for mid-market to more accessibly-priced designer products.

4. Brand Finance Highlights Luxury Strength, Sustainability & AI in 2024 Brand Value Ranking. Where luxury brands perform notably well is on the brand “strength” ranking. Distinct from overall brand value, brand “strength” is measured by way of more intangible/goodwill-centric factors.

5. What a California Recycling Study Means for Clothing Brands. The apparel-specific findings could be significant, in part, because all signs so far seem to point to these products being ineligible for “recyclable” labeling. 

6. Uniqlo is Suing Shein in Japan Over “Copycat” Bag Design. Uniqlo is waging a lawsuit against Shein in Japan over its alleged sale of “imitation products,” namely, handbag styles that replicate Uniqlo’s hot-selling mini shoulder bag. 

7. Supply Chains: The Blind Spot that Puts Brands’ Sustainability Promises in Doubt. Even when companies collect their suppliers’ performance, “selective reporting” can arise because there is no unified reporting standard.

8. What Can Be Learned from Australia’s Plans to Regulate “High-Risk” AI? Assessing “risk” in using novel technologies is not new. We have many existing principles, guidelines, and regulations that can be adapted to address concerns about AI tools.