What’s Trending? (Privacy a la Mode)
Notable fashion brands have been engaging in a “trial period” of new technologies as privacy laws and privacy enforcement are trending – for example, exploring integrating branding into digital assets in video games, virtual reality (VR) and augmented reality (AR) technology, metaverses, and non-fungible tokens (NFTs). Fashion naturally pushes the envelope, taking on risks in the interest of not being left behind and losing relevancy and notoriety. This brings about several legal issues, such as those arising from trademark infringement by NFT creators, as well as marketing collaborations as influencers are becoming an essential component of a brand’s commercial success.
In the case of privacy compliance, new laws (including state laws in California, Colorado, Connecticut, Virginia and Utah), enforcement actions and plaintiff lawsuits are making privacy law in vogue. Fashion brands that prefer style over trend and do not plan to explore new online practices as well as brands that prefer avant-garde tactics by actively adopting cutting-edge technologies