Here are TFL’s Top Stories of the Week

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Luxury brands are looking to respond to spending slowdowns by way of M&A activity, according to industry reports. The deceleration in spending has already prompted some consolidation for online players, Axios wrote late last year, noting that more deals are “likely to follow … driven by the pressures of profitability, more so than anything else.” At the same time, Bain stated in its Luxury Goods Worldwide Market Study early this year that “we should see a new season of M&A born of the necessity to address key challenges of the industry,” including (but certainly not limited to) “support [for] category growth [and] expansion into new geographies.”


Still yet, Goldman investment banker Cosmo Roe told WWD this spring that “potentially larger-scale consolidation” may be on the horizon in the luxury goods segment “as people think about how to shift their business exposure and how to play the complicated dynamics between China, Europe and the U.S. from a consumer demand perspective, which … makes it a very dynamic market right now.”


For any deals that are slated to impact the U.S. market in a meaningful way, chances are, the Federal Trade Commission (“FTC”) might not make it easy. One need not look further than the potential merger between Coach-owner Tapestry and Michael Kors’ parent Capri Holdings, which is currently in the midst of FTC-initiated litigation.


As we covered in last month’s Deep Dive, the FTC issued an administrative complaint and authorized a lawsuit in a New York federal court in April in furtherance of an effort to block a proposed deal between Tapestry and Capri. According to the FTC, the $8.5 billion deal “seeks to combine three close competitors – Tapestry’s Coach and Kate Spade brands and Capri’s Michael Kors brand” – and thus, “would eliminate direct head-to-head competition between Tapestry’s and Capri’s brands” and “give Tapestry a dominant share of the ‘accessible luxury’ handbag market” in the U.S.


– Julie Zerbo
Founder & Editor-in-Chief

New cases and litigation updates …

> Vans v. MSCHF: An EDNY judge has issued an order dismissing the trademark-centric case after the parties recently reached a settlement, complete with a permanent injunction.


> Roblox Corp. v. WowWee Group Limited: An N.D. Cal. judge granted and denied parts of Roblox and WowWee’s motions for summary judgment, sending some of Roblox’s copyright and trademark infringement claims to trial, while rejecting the company’s bid to sidestep a number of WowWee’s affirmative defenses. (More about that case here.)


> Chrome Hearts v. Fashion Nova: Chrome Hearts is suing Fashion Nova yet again. This time for copying a custom look it created for Kim K, which bears its trademark-protected cross logos. (The complaint is right here.)

In some recent deal-making (and other finance) news …


> Slikk, which boasts a 60-minute clothes delivery app, has raised $300K in a Pre-Seed round.

> AI-powered customer advocacy platform Champion has raised $3.3M in a Seed funding round

> The family behind Nordstrom is looking to buy out shareholders of the publicly-traded retailer for $23/share in a $3.8B deal.

> ASOS Plc will sell off a majority stake in its Topshop and Topman brands to Heartland for $237M.

> LVMH-backed L Catterton has reportedly taken a minority stake in French accessories company Polène.

> GALY, which is “pioneering the development of first-of-its-kind sustainable cellular agriculture products,” has raised $33M in Series B funding.

> IdentifAI, an AI-powered platform that distinguishes between creative works produced by humans vs. AI, has raised €2.2M in a Seed round.

Here are TFL’s top articles of the week …

1. Chanel, WGACA Trademark Battle Intensifies as Bench Decision Looms. Chanel, in pursuing nearly $100M in disgorged profits, argues that WGACA’s use of its trademarks confused consumers and damaged its reputation.


2. Balenciaga Beats Out Birkenstock in Furry Sandal Design Dispute. A European trademark appeals board confirmed the invalidity of one of Birkenstock’s registered designs following a challenge from Balenciaga in a decision that speaks to how vulnerable Birkenstock’s enduringly-popular designs might be to challenges.

3. Citing Robust Market Competition, Tapestry & Capri Defend Proposed Merger. Tapestry and Capri  have amped up their efforts to defeat the FTC’s bid to block their $8.5B merger, arguing that the proposed deal will actually enhance competition and deliver significant consumer benefits.


4. How Meaningful Are Companies’ Environmental, Social Disclosures? Around the globe, governments are taking action to require large companies to make disclosures about their climate and other ESG-related risks and opportunities in annual reports and regulatory filings.


5. A Very Demure, Very Mindful Problem: Prior-Filed Applications For Your Trademark. Some concerned onlookers have been under the mistaken impression that Bates’ trademark application would block Jools from using VERY DEMURE VERY MINDFUL at all. Not so. 

6. Generative AI Hype is Fading – So, What Comes Next?  As of May, generative AI seed funding was down by 76 percent, according to PitchBook data. So, what happened? And what happens now?


7. Companies’ Carbon Emissions Efforts Lead to Better Stock Performance. As the world grapples with the intensifying challenges of climate change, businesses are under increasing pressure to take action.


8. In case you missed this … SHEIN Doubles Down on Temu, Accuses Rival of Running a “Fraud” Marketplace. In the newly-filed suit, Shein claims that while Temu “masquerades as an e-commerce ‘marketplace,’” in reality, “nothing could be further from the truth.”


9. Our Running Timeline of Fashion, Luxury Funding and M&A is up to date. The newest deal on this list: ASOS Plc confirmed that it will sell off a majority stake in its Topshop and Topman brands to Heartland in exchange for 180 million pounds ($237 million).


10. Unwanted Associations: Protecting Brand Reputation and Goodwill. By taking such a vocal stand, Fred Perry likely aimed to benefit from the resulting publicity to distance its brand and its business from the Proud Boys’ beliefs.