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Enterprise Digest


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The U.S. Securities and Exchange Commission voted to finalize new rules that will require companies listed on financial exchanges in the U.S. to disclose certain climate-related risks for the first time. The rules, which have been highly anticipated for several years now, are being touted as “watered down” compared to earlier draft rules, including because the finalized version does away with all Scope 3 emissions reporting requirements (even for large companies). As we dove into here, the rules are, nonetheless, expected to bring some transparency to how companies and their boards are thinking about and acting on climate-related risks.


Against this background and the shifting state of broader environmental, social, and governance (“ESG”)-related reporting and initiatives, including voluntary efforts by companies across industries that are looking to cater to eco-conscious consumers, investors, etc., it is worth considering the role that these things play when it comes to the success – and the valuation – of fashion, apparel, and/or luxury brands. A couple of recent reports shed some light on this …


> Brand Finance found that “even for individual businesses, there could be billions of dollars of financial value to be gained from enhanced action and associated communication” on the ESG front. 


> Research from Wharton’s Serguei Netessine suggests that when companies prioritize material ESG factors in their earnings calls, it positively influences their overall value. 


Read More Here

Some Litigation Updates …


> Monos Travel Ltd. v. Paravel Inc: Monos Travel is suing fellow luggage-maker Paravel for allegedly infringing its “distinct and well-known” CARRY-ON PLUS trademark.  


> Cat Coven LLC v. Roadget Business: The latest lawsuit to be filed against Shein comes in the form of an infringement case waged against it for allegedly co-opting Cat Coven’s TMs and “original designs.”  


> Getty Images v. Stability AI: Stability AI has lodged a defense in the copyright case waged against it for allegedly copying millions of Getty photos to train the LLMs that power its generative AI platform Stable Diffusion. (Andres Guadamuz has a great little thread on it here)


> Hermès v. Rothschild: MetaBirkins-maker Mason Rothschild is urging the 2nd Cir. to stay the enforcement of the SDNY’s Feb. 2023 final judgment, including the $133K damages sum owed to Hermès, pending the disposition of Rothschild’s appeal. (You can find Rothschild’s motion here


> Lifestyle Equities v. Amazon: Amazon lost an appeal against a ruling that it had infringed Lifestyle Equities’ “Beverly Hills Polo Club” UK trademarks by targeting British consumers via its U.S. website. (More from Reuters)

In some deal-making news this week …

– Julie Zerbo
Founder & Editor-in-Chief

Here are TFL’s top articles of the week …

1. Instagram Posts Cost Puma EU Registration for Rihanna Sneaker Design. Puma has been handed a loss in a Community design case on the basis that the underlying sneaker design was made public over a year before the German sportswear sought to register it. 

2. What Do the SEC’s New Climate Reporting Rules Mean for Retail? “Increased reporting requirements around expenditures toed to companies’ climate goals, such as the purchase of carbon offsets to mitigate climate risks, will provide much needed insights.”

3. Regulating the Industry: A Running Tracker of Fashion-Focused Legislation. The “America Act” is intended to “transform and unleash economic potential in the U.S. & Latin America through encouraging reshoring & nearshoring industry from China.”


4. Trade Secrets in the Spotlight Ahead of Le Tote, Urban Outfitters Trial. Le Tote & Urban Outfitters are preparing for trial in a case that pits the companies against one another over the latter’s alleged misappropriation of trade secrets to launch a competing company.


5. Court Takes on Trade Dress Pleading, Refuses Early Dismissal in Nike v. BAPE. The court shed light on the important – and often contentious – issue of what is (and is not) required of a plaintiff when it comes to pleading its trade dress. 

6. Microsoft Seeks Partial Dismissal in New York Times’ AI Copyright Case. The tech giant urges the court to toss out the New York Times’s contributory © infringement, DMCA & unfair competition by misappropriation causes of action.


7. Chinese Court Takes on First Copyright Case Against Generative AI Platform. A Chinese court has decided the nation’s “first © infringement case over AI-generated outputs” & the first to apply novel AI-specific regulations enacted last year.

8. In case you missed our most recent deep dive … A Look at the Landscape of ESG Legislation in the EU. Lawmakers & regulators are aiming to implement legislation to bolster transparency about companies’ climate claims & credentials.