Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo
Labor & Employment
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Retailers Under Fire: Urban Outfitters Becomes Latest Chain to Settle Wage Dispute

Urban Outfitters, Inc. – the parent company of Urban Outfitters, Anthropologie, Free People, and BHLDN – recently settled an overtime wage and hour class action brought by one of its employees who alleged that he and others similarly situated were forced to work overtime without appropriate pay and that the Company violated a number of other California labor laws. Berry v. Urban Outfitters Wholesale Inc., N.D. Cal., No. 4:13-cv-02628. 
 

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Intellectual Property, Trademark, Advertising, Data Collection & Privacy
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District Court Gives Go-Ahead to Marilyn Monroe’s Estate on False Endorsement Claim

What’s the News?

A federal judge in the Southern District of New York recently held in A.V.E.L.A., Inc. v. Estate of Marilyn Monroe, LLC that the Lanham Act protects rights in a celebrity’s image long after his or her death. Specifically, the court determined that Marilyn Monroe’s estate could proceed with a Lanham Act false endorsement claim against a vintage collectibles licensor who was creating and marketing various products featuring images of the iconic celebrity. Notably, the court issued this holding over the licensor’s objection that the false endorsement claim was a “thinly veiled” attempt to enforce publicity rights, a separate type of claim not available under the Lanham Act.
 

The Legal Backdrop: Milton H. Greene Archives, Inc. v. Estate of Marilyn Monroe, LLC

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Consumer Product Safety
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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. In passing this amendment, Congress explicitly noted that the electronic warranty option would not only provide an environmentally-friendly way to expand consumer access to relevant product information, but it would provide additional flexibility to manufacturers in terms of complying with labeling and warranty requirements.
 

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Fashion Law Videos
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Fashion's Philanthropy: How Brands Set-up Foundations to Give Back
In this episode of Fashion Counsel, partner Anthony Lupo talks with Finance partner Richard Newman about why and how a fashion company should set-up a non-profit entity for their charitable giving.
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Advertising, Data Collection & Privacy
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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.

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International Corporate, Importation & Immigration
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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.
 

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Fashion Law Videos, Intellectual Property
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Fashion Counsel: Protecting Fashion's Trade Secrets
In this episode of Fashion Counsel, partner Anthony Lupo talks with Intellectual Property partner Dana Finberg about trade secret basics, including how they differ from patents and how to define it in the eyes of the law.
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Intellectual Property, Trademark
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. Rather, it is a circumstance-driven decision, based on the specific nature of the use in question. While appending the ® or ™ symbol to another’s mark and including a statement identifying the mark owner is often a good practice, a recent decision by a federal district court suggests that, in some cases, this may not be necessary.  
 

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Intellectual Property, Patent, Trademark
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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. Fellow panelists Hilary Jochmans of Jochmans Consulting and Sarah Feingold from Etsy will present on current bills of interest to the industry and legal challenges in an international ecommerce marketplace respectively.

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E-Commerce, Online Distribution & Fulfillment
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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. Trade associations have filed similar claims as they continue to petition for non-discriminatory treatment for those with disabilities, with the ultimate goal of retail websites that cater to the needs of the disabled by providing features such as closed captioning for the deaf or screen reader-compatible content for the blind.
 

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.