Perspectives on Fashion & Retail Law

In a closely watched data collection case, Arent Fox LLP secured a victory for Lacoste when the California Supreme Court declined to clarify whether retailers in the state can ask customers for their personal information.

Has Estee Lauder built such significant brand value that a retailer is doomed if it cannot stock Estee Lauder’s products on its shelves? This is the question Duty Free Americas asked a federal appeals court to once again consider after both the district court and the appeals court said “no.”

In this video episode of Fashion Counsel, Arent Fox Partners Anthony Lupo and Dana Finberg talk about trade secret basics, including how they differ from patents and how to define it in the eyes of the law.

For the second time this year, Arent Fox LLP is pleased to announce the expansion of its internationally recognized Intellectual Property practice in New York with the addition of Michelle Mancino Marsh.

Clients often ask whether—and, if so, when—they must use the ® and ™ symbols, or other forms of attribution, when using another company’s trademarks.

Wheelchair ramps and accessible parking spaces soon may not be enough for retailers to comply with the Americans with Disabilities Act (ADA).

On Tuesday September 1, 2015, California Governor Jerry Brown signed a bill that will enable products to be labeled and marketed with an unqualified “Made in USA” statement even if not entirely made in the United States – a major departure from California’s current more stringent standard.

In a closely-watched fashion design case, the Sixth Circuit ruled last week that decorative designs on cheerleading uniforms are eligible for copyright protection.

Jawbone and Fitbit, both billion-dollar leaders in the “wearable” technology category of fitness bands, are warming up for what may become a test of legal endurance.

Nike Inc. (Nike) recently agreed to pay more than $2.4 million to settle a class action lawsuit related to the Nike FuelBand activity tracker.

Law360 recently quoted Fashion Law leader Tony Lupo after Michael Kors joined several other luxury fashion companies in taking a new step in fighting widespread counterfeiting by targeting landlords who facilitate the trademark infringement.

In this episode of Fashion Counsel, Partner Anthony Lupo talks with Hank Rouda, Former General Counsel, North America at H&M.

The US Court of Appeals for the Second Circuit recently denounced the US Department of Labor’s six factor test in favor of a new “primary beneficiary” test. Glatt v. Fox Searchlight Pictures, Inc., 2015 WL 4033018 (July 2, 2015).

On June 29, 2015, New York City Mayor Bill DeBlasio signed into law Bill 318-A, also known as the Fair Chance Act, which limits an employer’s ability to ask about an applicant’s criminal history until the applicant has been given a conditional offer of employment.

California’s Song-Beverly Credit Card Act does not prohibit retailers from collecting email addresses after a credit card transaction has been concluded, according to a recent ruling by a California appellate court.

A California federal judge recently certified a class action lawsuit that alleges violations of California consumer protection laws by J.C. Penney Corporation, Inc.

On June 29, 2015, PayPal’s General Counsel released a blog post indicating that the company will be tweaking its proposed revisions to its User Agreement regarding PayPal’s ability to send its customers autodialed or prerecorded messages.

There is a split among circuit courts over whether a company faced with a privacy breach is subject to liability where a consumer suffers no discernible harm.

A “must read” for marketers that feature celebrity or consumer endorsements in their ads, or any company operating contests or sweepstakes on social media.

In this episode of Fashion Counsel, Partner Anthony Lupo talks with former Senator Byron Dorgan, Senior Policy Advisor in the Government Relations practice.

The 2015 edition of Legal 500 US has rated 50 Arent Fox LLP attorneys as national leaders in their field. In addition, 15 of the firm’s practice areas were ranked among the best in the country.

A California appeals court recently held that a retailer does not violate California privacy law by collecting and recording birth dates of consumers who buy alcohol with credit cards.

A California appeals court recently held in Ambers v. Beverages & More, Inc. that retailers are permitted under state law to request customers’ personal information when goods are purchased online but picked up in person.

In this episode of Fashion Counsel, Anthony Lupo talks with Robert Almerini, President & COO of DVF.

Arent Fox Fashion Law leader Anthony V. Lupo was recently featured in Washingtonian magazine, which reported that the leading lawyer knows how to “stand out in Washington legal circles.”