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On the heels of the recent introduction of the Americas Trade and Investment Act, a bipartisan bill that includes “over $14B in incentives for apparel, footwear, and accessories reuse and recycling, onshoring/reshoring, closing the de minimis loophole, addressing forced labor, and more,” French lawmakers are making headlines by way of proposed new legislation of their own. In an effort to address the striking influx of quickly discardable clothing that is being put on the market by stalwart fast fashion companies like H&M and newer market entrants, such as Shein and Temu, the first-of-its-kind fast-fashion bill aims to add an initial tax of €5 per fast fashion item and “a maximum penalty of €10 per product by 2030.”

In light of the environmental and social harms at play in the fast fashion sector, and the fact that “the textile and clothing industry is increasingly weighing on the French trade deficit,” the rise of fast fashion and ultra-fast fashion has created a “real issue … that the national representation must address,” representatives of the Horizons party stated in connection with the new proposal.

While the sponsors of the bill do not name many names when it comes to the pool of “fast fashion” companies that will be subject to the legislation if enacted, they do explicitly cite China-founded, Singapore-based Shein as an example of the type of business that the new bill will target.

Read More Here

Some Litigation Updates …

> DOJ v. Apple: The Justice Department has named Apple in an antitrust case, alleging that the iPhone maker has a monopoly over the phone market that harmed consumers, developers, and rival companies.


> VIP Products v. Champagne Louis RoedererVIP Products has filed suit against Champagne Louis Roederer (“CLR”), seeking a declaration from the court that its “Crispaw Champion” squeaky dog toy does not infringe CLR’s “Cristal Champagne” trademarks. 

> DraftKings, Inc. v. Hermalyn: Not a fashion case but one worth watching anyway, Michael Hermalyn is pushing back against the trade secret misappropriation claims waged against him by DraftKings in an opposition to his former employer’s bid for a preliminary injunction.


> Adidas v. Thom Browne: Still clashing over a number of emails that Thom Browne allegedly failed to include in discovery during the parties’ trial, adidas and Thom Browne have lodged responses to each other’s supplemental briefings


> Lidl v. TescoTesco has lost its appeal of a ruling that it infringed German discount supermarket Lidl’s trademark by way of its use of a mark that similarly consists of a yellow circle on a square blue background.

In some deal-making news this week …

– Julie Zerbo
Founder & Editor-in-Chief

Here are TFL’s top articles of the week …

1. Does an Antitrust Case Over Hermès Birkin Bags Have Legs? Among the various things that Hermès could argue in response to the complaint lodged against it in California federal court this week, three key arguments come to mind. 

2. BAPE Claims “Naked Licenses” Cost Nike its Air Force 1, Jordan Marks. “By granting third parties “naked licenses,” Nike has abandoned any rights it may have developed in [its Air Force 1] trade dress,” BAPE argues.

3. Hermès Scheme to Sell Birkins is Anticompetitive, per New Lawsuit. Hermès is being accused of violating federal antitrust & state business practices laws in a new lawsuit that centers on how it sells its coveted Birkin handbags.

4. In case you missed this one … What is the Difference Between Harvard & Hermès? Maybe Not that Much. The notion of manufacturing scarcity is the bread-and-butter of some of the most well-known names in the luxury world.

5. What a Trademark Loss for LVMH’s Veuve Clicquot Means for Other Brands. The judgment “shows, once again, the almost impossible nature of proving distinctive character acquired through use at the level of the EU.”

6. Court Tosses Out False Advertising Complaint Over Sephora’s “Clean” Line. The LVMH-owned beauty retailer did not make misleading claims about its “Clean at Sephora” label, according to the court. 

7. Clothing Recycling: How Our Discarded Garments Are Actually Processed. Despite the existence of recycling initiatives, the reality behind textile recycling is much more complicated than meets the eye, and globally 88% of our clothing still ends up in landfills.

8. Mbappé: How a Pose Can Become Part of a Protected Brand. The reason athletes look to amass rights in their signature poses & other aspects of their image, is obvious. They wish to turn them into successful brands that can be monetized.