Insights on Fashion & Retail Law

Columbia Sportswear and Columbia University both use the word mark “COLUMBIA” on apparel. To prevent confusion and avoid a trademark fight, the parties entered into a co-existence agreement in 2023 to let the University keep selling school merchandise but only if it paired “COLUMBIA” with clear references to the school (for example, “University,” the school shield, or “1754”).

Chairman Anthony Lupo and Fashion Group Co-Leader Michelle Mancino Marsh discussed the complexities and intellectual property (IP) concerns arising from the expansion of artificial intelligence (AI) in the fashion and retail industry. “AI will be a sea change not just for the fashion industry but for society as a whole,” Tony said.

Welcome to the August 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

ArentFox Schiff delivered a complete victory for Tieks, a Los Angeles-based fashion brand known for its signature blue-soled flats, in a design patent-based investigation at the US International Trade Commission (ITC).

A typical tactic employed by retailers is to reduce the price of an item that has remained in a consumer’s shopping cart. This practice may now become illegal if those retailers fail to state, “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.”

Welcome to the July 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Join ArentFox Schiff Partner Pamela Deese for a Licensing International webinar.

Welcome to the June 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

ArentFox Schiff is pleased to announce that 69 attorneys were recognized as leaders in their field and 23 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked in the 2025 edition of Chambers USA: America’s Leading Lawyers for Business.

Welcome to the May 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Last year, the New York Retail Worker Safety Act was signed into law. The Act will take effect on June 2, after which New York-based retail employers will be faced with new internal policy and training requirements for employees.

Join Angela Santos at the American Apparel & Footwear Association 2025 Global Supply Chain & Trade Conference.

Chairman Anthony Lupo and Consumer Products Group Co-Leader Michelle Mancino Marsh were quoted on how attorneys play a pivotal role behind the scenes at the Met Gala, one of the world’s premier fashion events.

Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often overlooked or given insufficient attention during digital asset development and management.

Customs & Import Compliance Practice Leader Angela Santos was quoted on how importers are strategizing to lessen their liability under the Trump Administration’s tariffs.

Welcome to the April 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

The Trump Administration’s latest tariff announcements are set to send shockwaves through the fashion and retail sectors, potentially upending supply chains industry wide. Consumers can expect higher costs for their favorite apparel, footwear, handbags, and accessories.

ArentFox Schiff is pleased to announce that 15 attorneys have been recognized in 2025 Lawdragon 500 Leading Global Entertainment, Sports & Media Lawyers, denoting legal prowess that matches “the imprint of their client’s global reach.”

The fashion and textile industries have seen a marked uptick in customs enforcement, riding a “roller coaster of trade policy” that is likely to get more chaotic under the Trump Administration. 

Earlier this month, California Governor Gavin Newsom directed the state’s recycling agency, CalRecycle, to restart the process of issuing regulations for California’s landmark plastic and packaging extended producer responsibility (EPR) law.

Welcome to the March 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

ArentFox Schiff LLP is proud to announce that the firm’s Trademark practice and 10 attorneys have been ranked in 2025 WTR 1000 – the World’s Leading Trademark Professionals, the definitive guide for intellectual property (IP) practitioners.

For the last several years, consumer class actions targeting “greenwashing” have become increasingly common. In 2024, Lululemon Athletica Inc. and Lululemon USA Inc. were on the receiving end of such a lawsuit, but they recently prevailed on a motion to dismiss.

On February 14, the newly formed Saks Global announced its plan to pay vendors past due balances in 12 monthly installments beginning in July.

Join Angela Santos for an insightful webinar on how the new presidential administration taking office in January 2025 could impact the fashion industry.