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
Consumer Product Safety
alert
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.
 

Continue Reading →
Fashion Law Videos
video
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.
Continue Reading →
Advertising, Data Collection & Privacy
alert
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.

Continue Reading →
International Corporate, Importation & Immigration
alert
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.
 

Continue Reading →
Fashion Law Videos, Intellectual Property
video
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.
Continue Reading →
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.  
 

Continue Reading →
Intellectual Property, Patent, Trademark
event
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.

Continue Reading →
E-Commerce, Online Distribution & Fulfillment
alert
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.
 

Continue Reading →
Advertising, Data Collection & Privacy
alert
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. The court pointed to a previous decision where it was found that a company did not violate the Song-Beverly Credit Card Act because the law does not prevent retailers from asking for personal information after a transaction has concluded.

Continue Reading →
Advertising, Data Collection & Privacy
alert
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. The bill, to be effective January 1, 2016, will permit unqualified Made in USA labeling of products with foreign content not exceeding 5% of the final wholesale value, or in cases where the manufacturer cannot domestically produce or source the needed parts or components obtained outside of the U.S., the foreign content cannot exceed 10% of the final wholesale value. Albeit closer to the Federal Trade Commission’s (FTC) “Made in USA” standard, the California bill does not directly align the standards.
 

Continue Reading →

Pages

SUBSCRIBE

Add the Arent Fox Fashion Law blog to your RSS feed reader.

Arent Fox In Your Inbox
To subscribe to Arent Fox Alerts and other news, click here.

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.