Insights on Fashion & Retail Law

American Idol Season 11 winner Phillip Phillips filed a petition with the CA Labor Commissioner, arguing producer of Idol unlawfully acted as a “talent agency.”

Last week, the Footwear Distributers and Retailers of America hosted a briefing on cybersecurity trends in the retail industry.

In a recent decision, the Ninth Circuit ruled for discount retailer Costco in a copyright dispute involving the importation and sale of “gray market” Omega watches.

In September 2014, Arent Fox reported about a US court case with which every corporate officer of a company doing business in the United States should become familiar.

Arent Fox LLP secured a summary judgment on behalf of the sportswear manufacturer Fila against a website that was cybersquatting.

In this episode of Fashion Counsel, Partner Anthony Lupo talks with Partner Kelli Scheid Smith about tactics fashion brands should think about when they’re expanding into e-commerce including potential issues with distributor agreements.

On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a proposed regulation to revise the required warning statement for products containing chemicals listed by the state under Proposition-65 (Prop-65).

The Massachusetts Department of Revenue recently issued a draft directive setting out what records must be kept for all vendors, retailers, and contractors using computerized point-of-sale systems.

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.

Video game developer Activision Blizzard, Inc. recently won a key victory in the ongoing battle over the right of publicity when a California state court judge dismissed former Panamanian dictator Manuel Noriega’s well-publicized lawsuit.

A former student of the Fashion Institute of Technology recently suffered a decisive blow in her lawsuit against her alma mater and Barnes & Noble, Inc. based on the latter’s use of the student’s copyrighted drawing in connection with the production of a line of backpacks.

Fashion designers’ retail pricing and promotional strategies have quickly evolved in the last decade, with Internet channels dramatically altering distribution and sales tactics.

The Federal Trade Commission recently named Ashkan Soltani as its newest Chief Technologist.

Arent Fox LLP partner Anthony V. Lupo was selected by Law360 as a Most Valuable Player in the retail and e-commerce industries for his “savvy business insights.”

On November 25, 2014, the San Francisco Board of Supervisors passed the controversial “Retail Workers Bill of Rights.”

Ikea recently argued that a class action filed against it based on alleged violations of California’s Song-Beverly Act should not be maintained.

The Federal Trade Commission (FTC) recently settled with two separate marketers of women’s undergarments over charges that the companies made false and misleading claims about the weight loss and fat burning benefits of caffeine-infused shapewear products.

FTC recently brought its first case under the 2010 Restore Online Shoppers’ Confidence Act that prohibits online sellers from charging consumers in an Internet transaction unless the seller has clearly disclosed all material terms of the transaction and obtained consumers’ express informed consent.

In this episode of Fashion Counsel, Partner Anthony Lupo talks with Labor & Employment Practice Leader Michael Stevens about how fashion companies should handle unpaid internships in a litigious environment.

On September 10, 2014, JPT Group, owner of the iconic American fashion brand Bernardo, filed suit in the Southern District of Texas alleging that Old Navy infringed two of Bernardo’s design patents for sandals.

US Customs and Border Protection’s (CBP’s) Office of Regulatory Audit will be hosting a webinar on Thursday, October 9, 2014 from 2:00 pm–3:30 pm Eastern Time to provide an overview of its Focused Assessment (FA) Program.

The outdoor sporting goods company Bass Pro recently agreed to pay $6 million to settle claims that it violated California privacy laws.

Fourth Circuit in McAirlands Inc. v. Kimberly-Clark Corp. recently held that ownership of a utility patent does not necessarily preclude a claim in trade dress.

Import managers and compliance personnel can now be held personally liable in circumstances other than fraud for imports that violate US custom laws.

In this episode of Fashion Counsel, Partner Anthony Lupo talks with Francis Pierrel, President and CEO of Lacoste North America.