Here are TFL’s Top Stories of the Week

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Mulberry announced this week that it has received B Corp accreditation, stating that it achieved the certification “in recognition of our purpose-driven approach” and now joins “a global community of like-minded organizations seeking to work with transparency and with accountability.” The British fashion group joins the likes of Richemont-owned Chloé and French resale company Vestiaire Collective, as well as Patagonia, Aesop, footwear brands TOMS, Veja and Allbirds, Gap Inc.-owned Athleta, $1 billion Carlyle Group-based BeautyCounter, Khloe Kardashian’s Good American brand, and Kendall Jenner’s 818 Tequila brand, among others, all of which boast B Corp status.

 

It is clear that a growing number of companies, including in the fashion and luxury space, are angling to add B Corp to their credentials. To put it in perspective, in the last five years, the B Corp ranks have nearly tripled to more than 7,800 businesses worldwide, spanning over 160 industries and 92 countries, the Los Angeles Times reported in December.

 

> The B Corp. certification system, created and maintained by B Labs, “provides third-party authentication of a business’s social and environmental performance. Applying businesses can become a B Corp if their performance on five dimensions –  governance, workers, community, the environment, and customers –  exceeds a certain threshold and they adopt a legal structure that mandates stakeholder considerations, such as the Benefit Corporation form,” per Harvard Business Review.


– Julie Zerbo
Founder & Editor-in-Chief

New cases and litigation updates …

> American Girl v. Zembrka: The 2nd Cir. reversed the SDNY’s earlier decision in a case over the sale of counterfeit/infringing dolls by a Chinese seller, with the appeals court stating that American Girl had, in fact, established jurisdiction under New York’s long arm statute. (More on this is coming on Monday.)

 

> Cavalleri v. Hermès: The plaintiffs filed a notice of additional authority, alerting the court to the 9th Cir.’s Sept. 17 decision in Thomas A. Shields et al. v. World Aquatics et al., 2024 WL 4211477, which centers on claims under section 1 of the Sherman Act.

 

> Nike v. StockX: The parties continue to lodge declarations in support of their respective motions for summary judgment. The filings are under seal. More on this case soon.

 

> Reebok v. Autry: D. Mass. Judge Richard G. Stearns issued an electronic order denying Reebok’s bid to hold Autry in concept and seek sanctions for failing to provide documents & communications regarding Style Capital, which acquired a 50.2% stake in Autry this year. (More about that case here.)


> FTC v. Tapestry: And of course … The trial in the FTC’s bid to block the merger between Tapestry and Capri is underway in a New York federal court. We are tracking developments in the case here.

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


> Cassandra Grey and Sherif Guirgis have bought Violet Grey back from Farfetch.

> Vyrao has raised funds in a new round led by L Catterton’s growth investment fund, Elevate Beauty.

> Retail returns automation startup Frate has raised $3.6M CAD ($2.6M) in a seed funding round.

> Momos, an AI-powered customer platform for multi-location brands, has raised $10M in a Series A round.

> VidLab7, which offers an AI-driven media suite to revolutionize sales processes with personalized video content, has raised €3.5M in a Seed round.

> Global carbon accounting platform Zevero has raised $7M in a Seed round.

Here are TFL’s top articles of the week …

1. Louis Vuitton Faces Racial Discrimination Suit After Allegedly Blacklisting High-Spending Customers. Louis Vuitton is facing allegations of “invidious race-based discrimination” in a new lawsuit, with the brand being accused of blacklisting – and wrongfully denying services to –  consumers on the basis of race.


2. Levi’s Sues Japanese Denim Brand Again in Ongoing Trademark War. Levi’s has filed a new lawsuit against FullCount Co Ltd., accusing the Japanese apparel company of “manufacturing, distributing and/or selling garments” that infringe its famous trademarks, despite being subject to permanent injunctions as a result of previous lawsuits.

3. UK Competition Regulator Issues Green Guidelines for Fashion Brands. A competition regulator in the United Kingdom is providing fashion companies with tailored “green” guidelines on the heels of alerting 17 “well-known” fashion brands of the need to ensure that they are not engaging in greenwashing by way of their advertising.


4. Allbirds Seeks Dismissal of Lawsuit Accusing it of Defrauding Investors. Allbirds and several of its executives are looking to escape a consolidated class action lawsuit waged against them for allegedly engaging in securities fraud.


5. Shoe Surgeon Sheds Light on Defenses in Goyard Customization Lawsuit. The friction between luxury fashion brands and the customization of their products continues to unfold in the lawsuit that pits Goyard against the Shoe Surgeon.

6. German Court Sides With Thom Browne in adidas Trademark Case. A German court recently dismissed adidas’ TM infringement claims in the case that it waged against Thom Browne, marking the latest win for the American fashion brand


7. Sandro, Isabel Marant Beat Out adidas in Latest Stripes-Centric TM Cases. Upholding the earlier decisions of an appeals court in Paris, the French Court of Cassation held that Sandro & Isabel Marant’s two-stripe designs did not infringe adidas’ three-stripe TM.

8. Do We Really Need New Laws to Cope with AI? The new wave of artificial intelligence is bringing with it promises, as well as threats.


9. Our Running Timeline of Fashion, Luxury Funding and M&A is up to date. The newest name on this list: Cassandra Grey and Sherif Guirgis have bought Violet Grey back from Farfetch.


10. In case you missed this Resource Center PRO+ Exclusive … Snapshot: Counterfeits and the State of AI-Aided Enforcement. The reverberations of the onset of “quiet luxury” are still being felt – and the impact of the trend that eschews bold branding is not only being seen in the products that consumers are buying but the products that counterfeiters are targeting.