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Fashion Law and Business: Brands & Retailers

Author(s): Lois F. Herzeca, Howard S. Hogan
Practice Area: Commercial law, Fashion design, Intellectual property
Date: Sep 2013 i Other versions can be found in the Related Items tab.
ISBN: 9781402420511
PLI Item #: 52790

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To the general public, the fashion industry is most closely identified with celebrated fashion houses mounting elaborate and highly publicized runway shows in the major fashion capitals of the world. In reality, the fashion industry is much more diverse, complex, and global. Fashion Law and Business unravels the complexity and provides clear guidance on the wide range of legal and business issues faced by fashion industry participants, including designers, suppliers, manufacturers of apparel and accessories, and retailers. In Fashion Law and Business, readers will learn:

  • The considerations involved in starting a company in the fashion industry, including developing a business plan, determining the form and structure of the legal entity, and obtaining financing.
  • How patent, trademark, and copyright laws have been applied to the fashion industry, and their impact in such areas as gray market goods and counterfeiting.
  • The contractual relationships and regulatory issues applicable to the design and production of fashion products.
  • The dynamics of retail sales in the apparel industry, including a discussion of e-commerce and mobile commerce.
  • The legal issues involved in leasing and licensing brick-and-mortar retail stores, with a focus on the significant contractual terms that should be considered in connection with such real estate transactions.
  • How to deal with labor and employment issues that relate to the fashion industry, including working conditions, wages and hours, child labor, use of independent contractors such as sales representatives, and developments in collective bargaining.
Written by two of America’s leading fashion and retail law authorities, Fashion Law and Business provides an integrated, comprehensive guide to the issues affecting the fashion industry today.

Howard S. Hogan is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and is Co-Chair of the Fashion, Retail and Consumer Products group.

Mr. Hogan's practice focuses on intellectual property litigation and counseling, including trademark, copyright, patent, false advertising, right of publicity, licensing, and trade secret matters.  Mr. Hogan currently represents a number of leading brands in a series of trademark infringement actions against operators of websites that sell counterfeit goods, resulting in awards of millions of dollars in damages and broad injunctive relief.  Mr. Hogan has also represented numerous companies in successfully defending against overly aggressive assertions of intellectual property rights.

A significant portion of Mr. Hogan's practice involves computer, Internet, and new media-related issues.  Many of Mr. Hogan’s matters have tested the application of traditional legal principles to the Internet and new media, such as in connection with issues of Internet jurisdiction, online contracting, and the application of trademark and copyright law to search engines, social media, and online sales.  In 2013, Mr. Hogan obtained what is believed to be the first judgment applying the anti-counterfeiting provisions of the Lanham Act against the maker of a counterfeit mobile app. 

Mr. Hogan is a frequent lecturer and writer on intellectual property and technology-related issues.  For example, Mr. Hogan is the co-author, with Gibson Dunn partner Lois Herzeca, of Fashion Law and Business: Brands and Retailers, a treatise published by the Practising Law Institute (2013).   

From 1999-2000 Mr. Hogan was Law Clerk to the Honorable Naomi Reice Buchwald, United States District Judge for the Southern District of New York.  In 1994, Mr. Hogan helped to initiate the AmeriCorps*National Civilian Community Corps, where he received the organization’s Outstanding Leadership Award in 1995. 

Mr. Hogan received his B.S.F.S., magna cum laude, from Georgetown University School of Foreign Service in 1994, Phi Beta Kappa with a European Studies Certificate.  In 1999 he received his J.D., cum laude, from New York University School of Law, where he was Editor-in-Chief of The Commentator and Research and Writing Editor for the Moot Court Board.  Mr. Hogan is also an alumnus of Lady Margaret Hall, Oxford University, where he spent the 1992-93 academic term as a visiting student.