Insights on Fashion & Retail Law

Last week, a California federal jury concluded that the maker of 5-Hour Energy Drink did not violate federal antitrust law by selling the energy shots to Costco for less than the price charged to its family-owned rivals.

The Federal Trade Commission (FTC) recently filed a complaint against Match.com (Match) in the US District Court for the Northern District of Texas alleging that the dating website allowed fake accounts to lure consumers into purchasing subscriptions.

On October 7, 2019, United States Supreme Court declined to hear an appeal of a decision by the Ninth Circuit presenting a question of significant importance to business owners engaged in ecommerce.

The US Federal Trade Commission is considering changes to the rules governing negative option offers, including automatic renewals. A “negative option” is an offer for goods or services in which a consumer’s inaction constitutes acceptance of an offer. 

The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Master Perfumer and CEO of DreamAir Christophe Laudamiel discuss how to find your signature scent, how a scent is made, and what notes don’t mix well together.

Despite a recent setback, a right of publicity lawsuit filed by the actress Brooke Shields against a cosmetics company and several major retailers will proceed in California state court.

The Delaware Superior Court recently issued a final order against Overstock.com for violating Delaware’s Abandoned and Unclaimed Property Law and False Claims and Reporting Act by failing to report and remit nearly $3 million in abandoned gift card balances to Delaware’s revenue agency.

Fashion companies are struggling with a new paradigm. Storefront traffic is down. Real estate costs are up. And consumers are foregoing malls to shop online. Fashion & Retail Practice Leader Anthony Lupo and Kimco Realty CEO Conor Flynn discuss the future of retail in this video interview.

New York Governor Andrew Cuomo recently signed a new bill into law that will require all retail stores to stop providing plastic bags to customers at check-out. This is part of the growing movement for consumers to use reusable bags when shopping.

The Federal Trade Commission (FTC) is showing no signs of backing off its aggressive enforcement of online negative option offers after filing a federal lawsuit against eight commonly-controlled companies that sell skin care products.

Fashion accessory and luxury goods importers of fine jewelry and costume jewelry containing gemstones and/or precious metals (e.g., gold), should be aware of a current proposal being considered by State Department officials.

WASHINGTON, DC – Chambers USA: America’s Leading Lawyers for Business has recognized 31 Arent Fox LLP attorneys as leaders in their field.

It’s been 10 months since the California Consumer Privacy Act of 2018 (CCPA) was signed into law, and the retail sector is grappling with ways to comply. The law goes into effect January 1, 2020, but the time to prepare is now.

There’s no debate that online shopping offers time saving and convenience, which has diminished the need for physical stores.

A recently dismissed class action is a good reminder to companies that any changes to return, exchange, or warranty policies cannot be retroactively applied to purchases made before the policy changes are implemented.

New York-based company Cure Encapsulations, Inc. and its owner Naftula Jacobowitz, settled Federal Trade Commission charges that the company paid a third-party website to write and post fake reviews for a weight-loss supplement on an independent retail website and made false and unsubstantiated clai

Kim Kardashian West has filed suit against Missguided USA Finance Inc. and Missguided Limited, in the US district court for the Central District of California, alleging right of publicity violations and trademark infringement.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Master Perfumer and CEO of DreamAir Christophe Laudamiel discuss olfactory audits, replicating scents of people and places, and natural notes versus synthetic notes.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Social Media Influencer Jeremy Fragrance discuss trends of the fragrance industry.

Guess was recently tagged by the European Commission for engaging in “geo-blocking,” a practice by which consumers are restricted from accessing certain Internet content based upon geographical location.

In this video episode of Fashion Counsel, Fashion & Retail Leader Anthony Lupo and Women’s Wear Daily Reporter Kali Hays discuss privacy, virtual fitting rooms, and the effect the #MeToo movement had on the fashion and retail industries in 2018.

Due to environmental concerns, many jurisdictions have restricted the ability of retail stores to provide plastic bags to customers at checkout.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and WWD Reporter Kali Hays discuss how media has evolved over the past year.

To combat counterfeiting on the Amazon marketplace, Amazon implemented Amazon Brand Registry, a program that allows companies to register trademarks directly with Amazon and offers tools that increase the speed and ease with which counterfeit products are identified and removed.