During the pandemic, many fashion companies and apparel retailers have spent time in bankruptcy court, generally working out concessions with landlords and lenders.
The CCPA is meant to give consumers in the state more control over how companies use their online information, and to give consumers a way to tell companies not to sell their data. Companies take the view that some of the language in the statute is still open to interpretation, particularly around what constitutes the sale of information.
In the meantime, the stimulus bill that Congress passed in December includes changes to intellectual property law under the Trademark Modernization Act. The changes under the law are meant to make it easier for brands to challenge inactive or bogus trademarks, and reinforce a central principle of U.S trademark law — companies have to be using a trademark in order to have the trademark registered, and using it on all the products listed in its application.
“That’s a very important decision for luxury brands who are using a word mark that could have another recognized meaning,” said Howard. “Luxury brands referring to color as part of their branding should also make sure they’re reinforcing their use of the word mark in a distinctive way alongside the color,” Howard added.