Insights on Fashion & Retail Law

Partner and Longevity & Healthspan Industry Group Co-Leader, Thorne Maginnis, will moderate the “Status, Wellness & the Evolving Consumer Economy” panel at Brand Forward, The Fashion Law’s annual conference, on September 17, 2026.

ArentFox Schiff served as IP counsel to premier brand management company, Marquee Brands, in a transaction to acquire heritage outdoor apparel brand, Roots, making the previously publicly traded Canadian brand privately owned.

On July 22, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency responsible for implementing and administering Proposition 65 enforcement, released draft amendments to the Proposition 65 warning regulations as part of its “Omnibus 2026” pre-rulemaking process.

On July 19, a major part of the European Union’s (EU) Ecodesign for Sustainable Products Regulation (ESPR) went into effect, and large companies can no longer destroy unsold clothing, accessories, or footwear.

ArentFox Schiff is pleased to announce that Managing IP has listed 17 attorneys among the 2026 IP STARS, recognizing them as leaders in their firm and jurisdiction.

Tariffs and supply-chain pressures remain a constant operational reality for fashion brands and retailers.

Fashion trademark disputes often turn on a deceptively simple question: when does a design feature stop being decoration and start functioning as a brand identifier?

ArentFox Schiff announced today the addition of an elite trademark and brands team anchored by highly ranked brand and copyright attorney Jason Garcia and globally recognized trademark attorney Katherine (Katy) M. Basile.

Welcome to the July 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

A notable trend is emerging in the fashion and beauty industry: professional hair and makeup stylists are increasingly requesting that companies sign agreements designating the stylists’ work as protectable intellectual property. While this is not yet the industry norm, these requests are becoming more common and merit careful attention when negotiating event-related contracts.

New York Fashion & Retail and Consumer Products Partner Michelle Mancino Marsh was quoted on the California federal court jury verdict in Deckers v. Quince that determined if the well-known online retailer had infringed on Deckers’ design patent for a style of its famous Ugg boots.

Earlier this year, we flagged the growing momentum behind state efforts to regulate dynamic and surveillance pricing.

ArentFox Schiff is pleased to announce that Partner Cristina A. Carvalho has been named to the Forbes 2026 America’s Top Women Lawyers list.

Chairman Anthony V. Lupo was a featured guest for Artist and the Machine’s AI & Creativity Summit: NY 2026. Speaking with Francis Pierrel, CEO of LR Paris, Tony discussed how artificial intelligence (AI) is reshaping fashion, luxury, beauty, creativity, and intellectual property.

New York Fashion & Retail and Consumer Products Partner Michelle Mancino Marsh was quoted in GQ on the trademark battle between outdoor gear and clothing brand, Patagonia, and American drag performer and activist, Pattie Gonia.

A challenge to Quince’s pricing strategy could have implications beyond a single retailer, especially for brands that rely on comparison-based marketing to drive sales.

The transaction marks a significant development for the global luxury fashion industry, bringing together two well-known names through a strategic investment in Roberto Cavalli.

ArentFox Schiff is pleased to announce that the firm has been named in The Fashion Law’s 2026 list of “The Top US Law Firms for Retail Companies,” denoting those firms with strong capabilities in fashion law, luxury goods, and consumer products.

Chairman Anthony V. Lupo was featured in The Business of Fashion’s “The Fashion Marketer’s Guide to AI” on how brands can navigate the evolving technology.

As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue throughout the rest of the year.

Welcome to the March 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Partner James Kim was quoted on the US Court of International Trade’s (CIT) order directing US Customs and Border Protection (CBP) to begin processing refunds on US import tariffs recently found unlawfully instituted under the International Emergency Economic Powers Act (IEEPA).

Importers seeking International Emergency Economic Powers Act (IEEPA) tariff refunds just caught a significant break — and they may not even need to lift a finger to claim them.

Advertising regulation continues to evolve through a steady accumulation of federal rulemaking, state legislation, and active enforcement under longstanding deception principles. Meanwhile, the plaintiffs’ bar is increasingly treating advertising compliance failures as class action opportunities.

Customs Practice Leader Angela Santos and Senior Associate Lucas Rock will present at a Canadian Apparel Federation webinar examining the Supreme Court’s landmark ruling on tariffs imposed under the International Emergency Economic Powers Act (IEEPA).