This is a guest blog article, written by Attorney Hilary Jochmans, a Law On The Runway blog contributor. Thank you Hilary for your local D.C. insights! On June 21, the United States Supreme Court struck down a century-old tenant of US trademark law ruling that it was a violation of the First Amendment’s Right to Free Speech.   At issue, was whether the Patent and Trademark Office (PTO) could deny registration of a mark that was “immoral” or “scandalous.”  This is big news for the fashion industry where edgy, shocking, and racy are selling points.  In this historic inte ..read more

Fashion models seem to be getting younger and younger these days (or maybe we’re getting older?). While hiring underage models isn’t illegal, it is essential to keep in mind that specific regulations apply to minors in this industry. We therefore thought it’d be interesting to compare underage model laws in two different jurisdictions: New York State and California. Please use this as general information, not as legal advice. If you have any questions regarding laws governing underage modeling, please consult an attorney. 1)    Permits Under both California and New York Sta ..read more

There are various ways companies can market their products and services these days: social media, blogging, email marketing, etc. However, even with all those fairly new options, one method that has been used for decades now still remains: telemarketing. The Telephone Consumer Protection Act (TCPA), in effect since 1991, regulates telephone solicitations as well as the use of automated equipment. If your business uses telemarketing, here are a few things you should know about the TCPA. Please use this as general information, not as legal advice. If you have any questions regarding telemarketin ..read more

We often discuss fashiontech and how to build a strong business that revolves around it in a legal manner on this blog. We thought it would be interesting to move away from the prevention side and address what can sometimes happen in court. We’ll therefore be looking at a decision about the concept of “frivolous lawsuits” in the SAfter EU’s General Data Protection Regulation, it is California’s turn to introduce a new privacy act: the California Consumer Privacy Act of 2018. This law, which will go into effect beginning January 1st, 2020, protects all people who are considered California ..read more

We often discuss fashiontech and how to build a strong business that revolves around it in a legal manner on this blog. We thought it would be interesting to move away from the prevention side and address what can sometimes happen in court. We’ll therefore be looking at a decision about the concept of “frivolous lawsuits” in the Smart Wearable Technologies Inc. v. Fitbit Inc. case. Please use this as general information, not as legal advice. If you have any questions regarding wearables of frivolous lawsuits, please consult an attorney. Smart Wearables initially sued Fitbit for patent inf ..read more

Consumers are becoming more and more conscious of what they purchase and who they purchase it from. This mind shift has not only occurred in the food and clothing industries, but also the cosmetics industry. Various entities have come up with tools to help consumers learn more about the products they are considering buying. We therefore thought it’d be interesting to compile a list of them here, not only for the conscious consumer that you are, but also because these resources can be great market research tools. Please use this as general information, not as legal advice. If you have any quest ..read more

We’re very lucky at Law On The Runway to be able to present this following article from our teammate Hilary Jochmans, based in D.C.. Hilary went to the Supreme Court to listen to the oral arguments of Wayfair v. South Dakota. She wrote the following article with support from our summer intern Melissa Megowan.  Have you ever gone to buy an item, maybe a dress or shoes online, and noticed there is no sales tax listed for the item?  For consumers this feels like is a great deal because it is cheaper than buying the item in a physical store where there is sales tax. Did yo ..read more

We are days away from the implementation of the GDPR, Europe’s General Data Protection Regulation. Enforcement starts May 25th, 2018.  This law, as well as a variety of new data privacy changes in the apps businesses love to use, will greatly impact how fashion companies operate when it comes to collecting and handling consumer data. Here are three ways new privacy concerns will affect businesses in the fashion industry. Please use this as general information, not as legal advice. If you have any questions regarding privacy laws, please consult an attorney. #1 Less data will be available ..read more

You have probably heard of blockchain by now, whether by stumbling upon a panoply of blog posts explaining what blockchain is and how it is the new Internet, or because a company you’re familiar with has announced its decision to use blockchain technology from now on. Blockchain technology is often spoken of as a way to revolutionize financial services or the insurance industry, amongst other things, but what about creative industries? Artist remuneration (or lack thereof) is an ongoing topic, regardless of whether we’re talking about the music industry or visual arts. Here are a few ways bloc ..read more

This is a guest blog article, written by Attorney Hilary Jochmans, a Law On The Runway blog contributor. Thank you Hilary for your local D.C. insights! On June 21, the United States Supreme Court struck down a century-old tenant of US trademark law ruling that it was a violation of the First Amendment’s Right to Free Speech.   At issue, was whether the Patent and Trademark Office (PTO) could deny registration of a mark that was “immoral” or “scandalous.”  This is big news for the fashion industry where edgy, shocking, and racy are selling points.  In this historic inte ..read more