Fashion Counsel

The German Federal Court of Justice upheld a finding that sporting goods company ASICS cannot prohibit its dealers from using online price comparison engines.

SDNY has ruled that embedding a copyrighted photo that had been posted to Twitter constituted copyright infringement.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo discusses Lacoste’s style evolution with Deputy General Counsel Laurent Chedru.

The US House of Representatives has passed legislation that would amend the Americans with Disabilities Act in an effort to stem “drive-by” lawsuits.

In a Forbes interview, Fashion leader Anthony Lupo touched on a number of topics, including the state of the fashion industry and evolving client expectations.

This analysis will help retailers, creditors, vendors, and opportunistic investors who are poised to take advantage of the recent trend in bankruptcy cases.

Fashion Law leader Anthony Lupo spoke with WWD on a recent trend by companies to bring provocative (and critical) social media voices into their fold.

The US Court of Appeals ruled that Lanham Act’s statutory ban on “immoral or scandalous” trademarks violates the First Amendment and is thus unconstitutional.

In this episode of Fashion Counsel, Anthony Lupo and Aram Ordubegian discuss the different routes a struggling retailer can take when facing bankruptcy.

Online arbitration provision for a web-based application is enforceable, reversing a lower court decision and essentially blocking a proposed class action.

Retailers should be paying close attention to tax reform and possible implications for the fashion industry.

Ice cream truck franchising company, Mister Softee Inc., recently filed suit against a former franchisee claiming trademark infringement and unfair competition.

In April 2016, we issued an alert regarding a California Superior Court’s summary judgment ruling against a retailer on claims that its website violated the Americans with Disabilities Act.

On Sunday, June 11, 2017, Gymboree filed a voluntary petition under Chapter 11 of the United States Bankruptcy Code in the US Bankruptcy Court for the Eastern District of Virginia, listing $755.5 million in assets and $1.365 billion in debts.

A watchdog organization known as Transparentem has uncovered dire working conditions in the heavily polluted tanneries located outside of Dhaka in Bangladesh.

Omaha Steaks International Inc. recently became the target of a proposed class action lawsuit, in which the company is accused of charging unreasonable shipping fees that were excessive compared to the company’s actual costs.

A dispute that began with an unauthorized burger placed on a menu by a licensee recently culminated in the dismissal of the latest lawsuit between feuding factions of Benihana, the Japanese teppanyaki restaurant chain.

Arent Fox’s Fashion Law group was recommended as one of the best retail practices in the country by WWD.

On March 22, 2017, the Supreme Court issued a ruling in Star Athletica, L.L.C. v. Varsity Brands, Inc., et al, No 15-866, clarifying that the Copyright Act protects applied artistic elements appearing on utilitarian objects, including apparel.

Based on recent federal court filings in the Central District of California, it appears that plaintiff lawyers have found a new way to threaten retailers with class action litigation.

The CRFA (2016) voids a contract if it prohibits or restricts an individual from reviewing a seller’s goods, services, or conduct.

In this episode of Fashion Counsel, Partners Anthony Lupo and Michelle Marsh discuss copyright laws and their applications (and road blocks) to the retail sector.

As the inauguration of President-elect Donald Trump nears, retailers should be paying close attention to expected seismic changes in domestic trade policy that will have an important impact on the fashion industry.

On December 31, 2016, at 12:01am (i.e. not January 1, 2017), the New York State Department of Labor will implement regulations increasing the salary threshold exempting employees from overtime-pay requirements for most private employers.

Last week, a California appellate court held that consumers can proceed with a class action suit against Banana Republic for false advertising arising from posted signs that advertised a 40-percent off sale without disclosing that the discount only applied to certain items.