Rose Auslander and Tom Davis Quoted in the World Trademark Review on Trademark Counsel Guidance For Overseas Production Facilities

An article published in the World Trademark Review concerning forced labor in Xinjiang, China, identifies numerous high-profile brands that have been accused of using forced labor in their overseas warehouse production facilities, and several of those brands released statements acknowledging their intention to investigate their supply chains. Quoted in the article, Tom Davis, chair of Carter Ledyard’s Intellectual Property Department, discussed five key suggestions for any brand when managing outside supply chains, including implementing strictly-written fair labor policies, which vendors must contractually agree to, and the audit of those vendors’ facilities to ensure compliance. Rose Auslander, Counsel in Carter Ledyard’s IP Department, suggested, “making such policy statements readily available online … may help if a need for brand damage control then arises,” and added that with regard to licensing, “when the client’s brand can be affected by fair labor issues, it may be prudent for trademark counsel to consider including explicit quality-control provisions.”