Insights on Fashion & Retail Law

A flurry of recent class action lawsuits is forcing clothing retailers to rethink their marketing tactics for outlet stores.

FTC settled with L’Oréal USA Inc. over charges that the company made deceptive claims regarding the benefits of two of its products.

A recent case filed in US District Court for the Southern District of Florida charges A&E Television Networks, LLC, with willful trademark infringement and unfair competition stemming from merchandise for the hit reality show Duck Dynasty.

Two major department stores — Macy’s and Barneys — recently settled racial profiling investigations lodged against them by the New York State Attorney General.

On August 11, 2014, New Jersey Governor Chris Christie (R) signed “ban the box” legislation, making New Jersey the 13th state to adopt such a law.

After a spate of high-profile data security breaches, many are asking what can be done to prevent such security lapses and who should be held responsible.

One of the world’s most consumer protective spam laws recently went into effect in Canada on July 1, 2014.

Delaware law expressly includes gift cards in its abandoned property law.

In 2014, Macy’s and Foot Locker became the latest retailers to be forced to defend allegations that they illegally collect personal information from shoppers.

The French luxury goods conglomerate LVMH Moët Hennessy Louis Vuitton S.A. (LVMH) recently settled its long-running court battle with eBay, Inc. over the online auction website’s alleged distribution of counterfeit luxury goods.

A 2014 bill protects NY unpaid interns from discrimination based on age, race, creed, color, origin, orientation, or military/domestic violence victim status.

The fur ban of 2013 prohibits the sale, import, export, trade, or distribution of any fur product by any means anywhere within the City of West Hollywood.

In this video episode of Fashion Counsel, Anthony Lupo and Lacoste North America CEO Francis Pierrel discuss the company’s tactics in the US market.

The decisions in Bloomingdale’s and Nordstrom were significant victories for employers, but the extent and consequences of these victories have yet to be seen.

Arent Fox LLP filed suit on behalf of Italian clothing company Diesel S.p.A. against 83 websites that are cybersquatting.

The employment application process has become increasingly complex and a growing source of litigation for retailers and other employers.

The settlement was denied because the opt-in collective action members would have to “not sue defendants in exchange for zero cash.”

In this video episode of Fashion Counsel, Anthony Lupo and Fila VP Jennifer Estabrook Discusses Brand Strategy.

TTAB cancelled six Washington Redskins registrations after finding they violated Section 2(a) of the Federal Lanham Act.

Fashion retailers beware — that lovely textile sample catching your eye could contain a copyrighted design.

FTC approved changes to Wool Rules for greater manufacturer and seller flexibility and in order to align with standards and textile labeling regulations.

The Saks and Nordstrom cases demonstrate the continuing importance of understanding federal, state, and local wage and hour laws for all employees.

Major retailers are being sued for violating the Americans with Disabilities Act by failing to provide point of sale devices that are accessible to the blind.

Robust compliance programs are the best defense to a False Claims Act investigation.

In the last year, more than 17 class actions have been filed against retailers based on their alleged collection of ZIP codes from their customers.