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Warranties Go Digital: Manufacturers Gain Flexibility with E-Warranty Act

The E-Warranty Act of 2015 was recently signed into law, amending the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, to permit manufacturers and sellers of consumer products the option to post written warranties online, rather than on the product or accompanying printed material as is required under the current law.

Fashion's Philanthropy: How Brands Set-up Foundations to Give Back

Corporate social responsibility has an undeniable effect on how companies engage with the world and shape brand perceptions. In the fashion industry, the consumer and the media are increasingly taking note of philanthropic efforts.

10 Steps to Mitigate A Data Breach Before It Happens

Many of the clients that we advise are nervous about data protection, cyber issues, and the privacy of their customers and employees. Who can blame them? Every day we read news about another privacy breach. Some of the companies that we counsel are light years ahead – talking coding strategies and testing for vulnerabilities – while others are trying to determine how to be compliant and implement internal protocols in response to a breach.

Estee Lauder (Finally?) Wins Dismissal of Retailer’s Contract Termination Antitrust Claims

Has Estee Lauder built such significant brand value that a retailer is doomed if it cannot stock Estee Lauder’s products on its shelves? This is the question Duty Free Americas asked a federal appeals court to once again consider after both the district court and the appeals court said “no.” The courts’ decisions confirm that manufacturers usually are free to choose with whom they will deal, and who may be cut off.  The Retailer’s Allegations  

Fashion Counsel: Protecting Fashion's Trade Secrets

The wearables market is enticing fashion brands like Diane von Furstenberg and Kate Spade to create tech savvy accessories. Technology is one of many areas a fashion company can legally protect its innovative ideas as a trade secret.

District Court Addresses Trademark Attribution in Manufacturer-Licensee Dispute

Clients often ask whether—and, if so, when—they must use the ® and ™ symbols, or other forms of attribution, when using another company’s trademarks. This question arises in a variety of settings. For example, a company may want to use another’s trademark in order to make a comparative advertising claim, to state that its product is compatible with another company’s product, or to identify a business relationship with another company. The rules for the attribution of another’s trademarks are not cut and dry.

Leading Fashion Law Attorney Anthony Lupo to Discuss Fashion & Design in the Digital Age

On September 18, Arent Fox Fashion Law practice leader Anthony Lupo will present a seminar at the US Patent and Trademark Office (USPTO)  during a week-long conference addressing “Copyright, Culture, Art, and Science in the Digital Age.” During the panel discussion, “Hot Topics in Fashion & Design in the Digital Age,” Mr. Lupo will address fashion and design industry issues, including international questions and privacy concerns.

Online Retailers Beware: ADA Expansion to Require Enhanced Web Accessibility for Disabled

Wheelchair ramps and accessible parking spaces soon may not be enough for retailers to comply with the Americans with Disabilities Act (ADA). As companies continue to expand their online presence, the number of suits brought against retailers for non-compliance with the ADA has grown, especially litigation related to the websites of large retail chains, many of whose websites allegedly do not allow hearing- or sight-impaired individuals easy access to the services provided by retail websites.

California Supreme Court Rules in Favor of Lacoste in Data Collection Class Action

Washington, DC — In a closely watched data collection case, Arent Fox LLP secured a victory for Lacoste when the California Supreme Court declined to clarify whether retailers in the state can ask customers for their personal information. On August 26, California’s high court responded to a certification request from the US Court of Appeals for the Ninth Circuit by agreeing with arguments put forward by Arent Fox.

California Governor Signs Bill Aimed at Aligning Nationwide “Made in USA” Labeling Requirements

On Tuesday September 1, 2015, California Governor Jerry Brown signed a bill that will enable products to be labeled and marketed with an unqualified “Made in USA” statement even if not entirely made in the United States – a major departure from California’s current more stringent standard.