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

Advertising, Data Collection & Privacy

Arent Fox has developed for its fashion and luxury goods clients processes for the collection of customer data at store fronts and via the Internet. In this regard, we have assisted clients with the implementation of global privacy policies that allow for the transfer of customer and employee data across borders and for the use of that data for all types of purposes, from internal uses to marketing to data mining. On the advertising side, we review our clients’ advertisements for claims and comparisons. Our attorneys have also worked with our clients in global sweepstakes and contests to gather consumer data and promote their brand.

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Mary Kay Takes Aim at ‘Fraudulent Couponing Scheme’

The international skin care and cosmetics company Mary Kay is hitting back against what it is calling a “fraudulent couponing scheme” operated by the online digital coupon marketplace, RetailMeNot. Earlier this month, Mary Kay filed a federal lawsuit against RetailMeNot (RMN) alleging that RMN’s online coupon business violates federal trademark and advertising laws, as well as federal and state unfair competition laws.

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Dating App Stops Attempt at Native Advertising

What’s the News?

Tinder, a mobile dating application, recently removed an advertising campaign being conducted on the app by Gap, Inc. (Gap). Tinder claimed that the advertisements violated its terms of service, which provide that the app is for “personal use only.” This should serve as a reminder to businesses to read and ensure compliance with the relevant terms of service before engaging in advertising on social media platforms.

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FDRA Holds Briefing to Discuss Latest Cybersecurity Trends

Last week, the Footwear Distributers and Retailers of America (FDRA) hosted a briefing on cybersecurity trends in the retail industry. In light of the high-profile data breaches in 2014 — including many at the retail level — the briefing aimed to inform the footwear industry on the nature of today’s cyber threats and the way to most effectively secure private information.

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Fashion Law Leader Anthony Lupo to Present During MAGIC Vegas

On February 17, Anthony Lupo, head of Arent Fox’s Fashion Law practice will present “Current Legal Trends in the Footwear, Fashion, Accessory, and Retail Sector” during MAGIC, in Las Vegas. The discussion will focus on issues in class-action lawsuits, omni-channeling, social media, and global data protection in the fashion sector. The presentation will provide best practices and lessons learned while in the trenches.

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Massachusetts Issues Draft Guidance on POS Transaction Recordkeeping

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Ikea Seeks Class Decertification in ZIP Code Case

What Made News?

Ikea recently argued that a class action filed against it based on alleged violations of California’s Song-Beverly Act should not be maintained. Ikea admits that its sales registers prompt sales associates to collect ZIP codes from consumers, but it argues that associates often bypass the prompt. Because it does not have a policy to collect ZIP codes, Ikea claims that it cannot be held liable for the alleged illegal ZIP code collections.

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California Attorney General Reports Upswing in Data Breaches

What’s the News?

In October 2014, California Attorney General Kamala Harris released the California Data Breach Report, the state’s most recent analysis of data security threats facing businesses and consumers. The Report, which notes a dramatic 28 percent increase in data breaches in California in 2013, serves as a reminder to businesses nationwide of the constant threat of increasingly sophisticated cybercriminals — and the need for new and better approaches to safeguarding sensitive information.

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Incentives and Promotions in the Fashion Arena: The FTC Weighs In

Fashion designers’ retail pricing and promotional strategies have quickly evolved in the last decade, with Internet channels dramatically altering distribution and sales tactics. Many designers craft tactics to carefully differentiate their contract terms among retailers, from high-end, brick-and-mortar stores to Internet retailers and others.

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FTC’s New Chief Technologist Outlines Regulatory Agenda

What’s the News?

The Federal Trade Commission (FTC) recently named Ashkan Soltani as its newest Chief Technologist. In this role, Soltani will serve as the agency’s top regulator on a variety of issues involving technology and consumer protection. Chief among them are data security and online privacy, which have become major FTC priorities in recent years. Soltani is regarded as an expert in the privacy field and has previously served as an advisor to the FTC, state attorneys general, and major corporations.

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Results of Caffeinated Shapewear? Slim to None

Two Women’s Shapewear Marketers Settle FTC Charges of Deceptive Weight Loss and Slimming Claims


What’s the News?

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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.