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Rosie Burbidge

There is a lot of panic in many businesses about European data protection law. This chapter, introduces the key concepts and issues that businesses have to comply with under the General Data Protection Regulation (GDPR). It also dispels many myths and provides practical guidance for finding a lawful basis for processing data and conducting a data protection audit of a fashion business. It looks at data breaches and the explains why compliance with data protection law is in the interests of all businesses regardless of where they are located.

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Rosie Burbidge

The world of retail is experiencing a seismic shift where traditional bricks-and-mortar stores are struggling to decide what their new identity is going to be in the post e-commerce world. This chapter looks at the different ways in which it is possible for fashion businesses to operate a physical presence into this brave new world. The options considered in this chapter include traditional retail leases, pop-up stores and concessions in department stores. The chapter discusses the common legal issues and identifies the practical problems to watch out for together with some techniques for minimising these issues.

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Rosie Burbidge

There are numerous issues to consider when planning an advertising campaign in Europe. These range from clearing all intellectual property rights to complying with data protection law. This chapter introduces the common issues which can arise, particularly in fashion-focused advertising. It looks at misleading advertising both generally and in the context of social media including the importance of any paid ‘influencers’ identifying that they have been paid for the privilege of the post. It also examines the use of Google adwords, comparative advertising, sponsorship and celebrities both from a legal and practical perspective.

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Rosie Burbidge

The European Union has a fairly strict legal regime as far as e-commerce is concerned. This has helped e-commerce to become trusted and widely adopted across Europe. In order to do business within the EU, there are important requirements that all businesses must follow when doing business in Europe. These include information that must be provided up front, pricing transparency (all taxes must be set out and delivery costs clearly have the right privacy policy in place. This chapter introduces each of these legal issues and places them within a practical context. It also considers the European legal issues which are on the horizon but have not yet entered law such as geo-blocking within the EU and potential changes to EU competition law.

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Rosie Burbidge

One of the most popular means of scaling a fashion business internationally is to embrace the power of the franchise. This chapter introduces key franchising concepts and issues. It looks at the popular franchising models which are available across the world and dives into particular detail on subordinated equity franchising, a popular recent solution to many franchising issues. It looks at the pros and cons of each franchising structure and offers some practical pointers for determining which structure is best for different fashion businesses. This chapter ends with a quick review of the different approaches to franchising around the world as well as issues which are on the European Union’s agenda.

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Rosie Burbidge

This bumper chapter covers the important procedural points you need to understand before becoming embroiled in a European court case. It looks in particular at the pan-European approaches to remedies which were introduced by the Enforcement Directive as well as important procedural processes such as search and seizure orders and their French and Belgium equivalent, saisies. Although this chapter is written in the context of the fashion industry, it is very useful for any law student or professional looking to getting to grips with the fundamentals of litigation procedure in Europe. In addition to the court system, it looks at alternative means of dispute resolution including online dispute resolution forums and mediation.

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Rosie Burbidge

This chapter looks at the important strategic and practical concerns following the discovery of infringing activity. It covers everything from checking that you own the rights to getting the timing and registration position sorted out. This chapter looks at the exhaustion of intellectual property rights (first sale doctrine in the US) and the ways in which online takedowns can be used as well as the potential for working with administrative enforcement or the criminal justice system. It then looks in more detail at the specific issues to be aware of in terms of trade mark, designs and copyright infringement, passing off and unfair competition. It finishes by looking at domain names and the various means for resolving those disputes such as the UDRP or URS.

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Rosie Burbidge

This chapter follows on from the chapters which discuss resolving commercial disputes and what to do if someone copies you. It gives a practical insight into the steps that should be taken following the threat or issue of proceedings in Europe.

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Rosie Burbidge

Taxation is a hugely important topic for any business like the fashion industry which works on an international basis. This chapter introduces some of the legal issues to be aware of, such as the different approaches taken by customs to valuing products for import tax and an introduction to the EU Customs Union. It also looks at the legal and PR consequences of failing to comply with tax obligations. It introduces important legal concepts for shipping goods such as incoterms which determine when ownership of goods pass (and consequently when responsibility for the goods is transferred). This can be very important from an IP perspective in terms of whether importing has occurred as well as in terms of who is responsible for insuring the goods in case something happens to them en route.

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Rosie Burbidge

This chapter looks at some of the key things to be aware of when selling a fashion business (or acquiring one). This includes an introduction to the corporate sale process and important contractual issues to watch out for such as change of control clauses. It also looks at the importance of ensuring that the company itself owns the business’ intellectual property rights.