FASHION LAW

Fashion Law

Intellectual Property, Copywrite Laws, Trademarks and Patents, Anti-Counterfeiting, Retail, Manufacturing, New Technologies, and more! Our team of legal experts based in the USA, Spain and Mexico cover the United States, South and Central America, the Caribbean, Europe, Asia and the Middle East in providing the latest information in the complexities of international fashion law.

The care labeling rule requires manufacturers and importers to attach care instructions to clothing and some piece goods.  The Federal Trade Commission enforces the care labeling rule, and violation of the rule is considered a violation of the Federal Trade Commission Act.

 

The care labeling rule covers textile apparel worn to cover or protect the body.  Shoes, gloves and hats are exempt from the care labeling requirements, as are handkerchiefs, belts, suspenders, neckties, and non-woven garments made for one time use.

In case T-654/14 Revolution LLC vs. EUIPO, judgment issued on 2nd of June 2016, the applicant applied for registration of the word mark “REVOLUTION” for services in Class 36 (Financial consulting; providing venture capital, development capital, private equity and investment funding; management of private equity funds). The registration was refused because the EUTM application was considered not distinctive, pursuant to Article 7(1)(b) EUTMR. The applicant appealed the examiner’s decision and the Board of Appeal (the BoA) dismissed the appeal, stating that the applied mark was not distinctive in relation to the services applied for.

Generally, U.S. Customs and Border Protection enforcement rules revolve around administrative penalties.  “Section 592” penalties can issue when an importer (or other person) provides incorrect or false information to CBP when importing goods.  Penalties depend on the level of culpability determined to exist by CBP.  Penalties for “negligence” (failure to exercise reasonable care) can range up to two times the loss of any import duties, or 20 percent of the value of a shipment.  Penalties for “gross negligence” (acting with “wanton disregard” of the facts or the law) can range up to four times the loss of any import duties or 40 percent of the value of the shipment.  Penalties for “fraud” (knowingly, voluntarily, and intentionally making a false statement to CBP) can range up to eight times the loss of any duties, or 80 percent of the value of a shipment ...