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Law in a Flash: A Quick (But Insightful) Discussion of Legal Considerations for Flash-Sale Sites

Fashion Committee Meeting

Date: Thursday, June 12th
Time: 12:30pm - 1:30pm
Location: International Trademark Association, 655 Third Avenue, 10th Floor, New York, NY 10017
Please RSVP to Beth Gould at bgould@nysba.org

11:59am: You click the bookmark at the top of your browser that will take you to your favorite flash sale site. With less than 60 seconds between you and deep discounts on designer fashions, you can almost feel the fresh, new leather of your future handbag.

12:00pm: You refresh the page, immediately click the link to the "Estate Sale" for those high-end designer bags you could otherwise never afford, and buy that satchel you've been lusting over for ages.

5-7 Business Days Later: Your prized purchase arrives and it's not what you expected. Rather than a pristine product, "NWT", you open up a "gently worn" handbag, complete with scuffs and scratches. Apparently, "Estate" meant "used"...

As if luxury marketing wasn't difficult enough to decode, the online world has added an additional wrinkle for the consumer by offering products for sale without giving the consumer the opportunity to examine the product in person. Add in the frantic rush of a flash sale and the consumer's ability to consider and research their purchase is all but lost.

Flash sale sites present an array of legal issues unique to this particular eCommerce platform. Join NYSBA's Fashion Law Committee for a lunchtime discussion of these issues, including third-party distribution standards, deceptive marketing, and second hand sales. Special guest, Ireen Lizewski, Senior Event Manager at ideeli.com, will provide an insider perspective and overview of the matters she encounters on the "other side" of a flash sale platform.


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