Antonio R. Sarabia II has many years of experience In the apparel Industry. He was General Counsel for Guess?, Inc. He Is available as counsel for apparel companies of all sizes and as an expert witness In apparel industry disputes.

A SELF AUDIT FOR APPAREL COMPANIES:
FIND THE GAPS IN YOUR LEGAL PROTECTION

Please find below several questions which will help you determine if there are important gaps in your company’s legal protection.

1. Does the company have a confidentiality and trade secret agreement which your employees sign (particularly, those employees in the design and financial segments of your company)?
    

2. Does the company regularly apply for copyright registration of original fabric prints and label designs?
    

3. When importing garments, does the letter of credit documentation requirement include a signed contract protecting your design and trademark rights?
    

4. Are the principal company trademarks recorded with U.S. Customs (which will seize counterfeit merchandise at no cost, if the merchandise bears trademarks which have been recorded)?
    

5. If the company has a sales representative in New York paid on commission, did you know failure to have a written commission agreement with terms required by New York law exposes the company to double damages?
   
   For advice on any of these points, please press the Contact Us tab and contact Tony Sarabia.