Insights on Fashion & Retail Law

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.

On December 14, 2018, a new bag ordinance in Boston will require all retail stores to stop providing free plastic bags. Given this, retailers in the area should prepare by purchasing appropriate bags and posting a notice at checkout.

Last week, the Supreme Court heard arguments in Lamps Plus, Inc. v. Frank Varela, a case with major implications for companies seeking to avoid class arbitration.

WASHINGTON — Twenty-four Arent Fox LLP practices have been recognized in the 2019 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

Retailers across the country are paying close attention to a series of legal battles over state laws that prohibit merchants from charging an extra fee to consumers who pay by credit card.

Starting on January 1, 2020, fashion and retail companies from around the world will need to comply with the strongest online privacy law in the United States, the California Consumer Privacy Act of 2018.