On the Cutting Edge

More Testimony on Harassment

Professor Scafidi & Jeff Trexler testified on fashion and sexual harassment reform before the New York City Council - and they welcome your comments! Their written testimony is below - scroll within the box for additional pages or click to download. testimony-NYCC

Fashion and Sexual Harassment

Forty-two years ago, the New York City Commission on Human Rights held a historic hearing on sexual harassment, and on Wednesday night (December 7) the Commission held the sequel. Professor Scafidi and Associate Jeff Trexler were invited to testify, and Jeff spoke at the event, which can be viewed here.

Their draft testimony presented to the commissioners at the hearing is below -- scroll down within the box for full text -- and they welcome your comments!  Feel free to contact them by emailing jeff@fashionlawinstitute.com.


Below: Congresswoman Eleanor Holmes Norton led the first NYC hearing on sexual harassment, and she keynoted the hearing on December 6.

Forever 21 throttled in Gucci case

By Jeff Trexler When Forever 21 filed for a declaratory judgment against Gucci in retaliation for Gucci's C&D, it was a move clearly designed to go viral -- and outside the courtroom, it worked. The fast-fashion company's complaint was instant clickbait, with countless headlines propagating Forever 21's florid claims that it could vanquish Gucci's purported stranglehold on stripes. Monday's summary judgment in Gucci's favor is a pointed reminder not to judge the strength of a case by its likes and shares. Yes, on the surface the judge leaves the door open for the Forever 21 to amend its complaint to address the issues raised in his order, but those of you who have been in the legal biz for any length of time know the old rhetorical trick. The judge disses Forever 21's arguments with cursory brush-offs that can be summarized as follows: However, since the Oh Really? Owl meme has not been formally recognized even by the Ninth Circuit as sufficient grounds for dismissing a case, the judge oh so graciously, with expansive deference to court procedures, gives Forever 21 eleven whole days to come up with a new basis for its lawsuit "if plaintiff still wishes to pursue this action." Which is secret judge code for "No, you really don't." order-forever-21-gucci