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Insights on Fashion & Retail Law

543 total results. Page 18 of 22.

Fashion Counsel
Seller Beware: ‘No Refund,’ ‘No Cancellation’ & ‘No Exchange’ Provisions in Certain Sales Contracts May Be Unenforceable
April 8, 2015
Anthony V. Lupo* + 1

In 2013, David and Katina Spade purchased a mattress from Select Comfort Corp. (doing business as Sleep Number) that featured remote control operation of the height of the foot and head portions of the mattress.

The Fine Print
The Gift that Keeps on Giving: New Jersey Backs Down a Little on Gift Card Requirements
April 1, 2015

New Jersey Gov. Chris Christie recently signed a bill amending the state’s gift card law to eliminate the consumer data collection requirements.

The Fine Print
Saks Wants Proposed Class Action over Return Policy Dismissed
March 31, 2015
Anthony V. Lupo*

Consumer class actions against fashion retailers are on the rise, and the most recent target is Saks Fifth Avenue.

The Fine Print
Mary Kay Takes Aim at ‘Fraudulent Couponing Scheme’
March 25, 2015
Anthony V. Lupo* + 1

The international skin care and cosmetics company Mary Kay is hitting back against what it is calling a “fraudulent couponing scheme” operated by the online digital coupon marketplace, RetailMeNot.

Alerts
When the Music Stops: NY Court of Appeals Limits Meaning of ‘Affiliate’
March 24, 2015
Anthony V. Lupo* + 1

The New York Court of Appeals recently held in Ellington v. EMI Music, Inc. that the term “affiliates” in a copyright renewal agreement referred only to affiliates existing at the time of contract execution.

Fashion Counsel
Diane von Furstenberg President & Anthony Lupo Discuss What’s Next for the Brand
March 18, 2015
Anthony V. Lupo*

In a two-part episode of Fashion Counsel, Partner Anthony Lupo talks with Robert Almerini, President & COO of Diane von Furstenberg.

The Fine Print
Dating App Stops Attempt at Native Advertising
March 13, 2015
Anthony V. Lupo* + 2

Tinder, a mobile dating application, recently removed an advertising campaign being conducted on the app by Gap, Inc.

Alerts
FDA Issues Warning Letter to L’Oreal for Skin Pigmentation Claims
March 3, 2015
Wayne H. Matelski + 1

Recently, the US Food and Drug Administration issued a Warning Letter to L’Oreal USA for marketing its cosmetic products, “Rosalic AR Intense” and “Mela-D Pigment Control,” with claims deemed by FDA to be drug claims.

Fashion Counsel
When Employees Talk: Key Issues for the Fashion Industry & Social Media
February 25, 2015
Anthony V. Lupo* + 1

In this episode of Fashion Counsel, Partner Anthony Lupo talks with L&E Partner Michael L. Stevens about key issues fashion companies should consider when approaching employees about their social media activities.

Fashion Counsel
American Idol Winner Wants Out from Contract with Show’s Producer; Claims Producer Acted as a ‘Talent Agency’
February 20, 2015
Anthony V. Lupo* + 1

American Idol Season 11 winner Phillip Phillips filed a petition with the CA Labor Commissioner, arguing producer of Idol unlawfully acted as a “talent agency.”

The Fine Print
FDRA Holds Briefing to Discuss Latest Cybersecurity Trends
February 11, 2015
Anthony V. Lupo* + 2

Last week, the Footwear Distributers and Retailers of America hosted a briefing on cybersecurity trends in the retail industry.

Fashion Counsel
Ninth Circuit Rejects Luxury Watch Manufacturer’s Copyright Infringement Claim Under Expanded ‘First Sale’ Doctrine
February 9, 2015
Anthony V. Lupo* + 1

In a recent decision, the Ninth Circuit ruled for discount retailer Costco in a copyright dispute involving the importation and sale of “gray market” Omega watches.

Alerts
Mitigating Risk and Protecting Your Company’s Brand in the US Marketplace
February 5, 2015
David R. Hamill + 1

In September 2014, Arent Fox reported about a US court case with which every corporate officer of a company doing business in the United States should become familiar.

Press Release
Arent Fox Secures Judgments Protecting Fila Against Cybersquatting Websites
February 5, 2015

Arent Fox LLP secured a summary judgment on behalf of the sportswear manufacturer Fila against a website that was cybersquatting.

Fashion Counsel
Issues in Online Distribution
January 29, 2015
Anthony V. Lupo* + 1

In this episode of Fashion Counsel, Partner Anthony Lupo talks with Partner Kelli Scheid Smith about tactics fashion brands should think about when they’re expanding into e-commerce including potential issues with distributor agreements.

Alerts
California Proposes New Prop-65 Warning Requirements
January 28, 2015
Anthony V. Lupo* + 1

On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a proposed regulation to revise the required warning statement for products containing chemicals listed by the state under Proposition-65 (Prop-65).

Fashion Counsel
Massachusetts Issues Draft Guidance on POS Transaction Recordkeeping
January 14, 2015
Anthony V. Lupo* + 1

The Massachusetts Department of Revenue recently issued a draft directive setting out what records must be kept for all vendors, retailers, and contractors using computerized point-of-sale systems.

The Fine Print
California Attorney General Reports Upswing in Data Breaches
December 18, 2014
Anthony V. Lupo* + 1

In October 2014, California Attorney General Kamala Harris released the California Data Breach Report, the state’s most recent analysis of data security threats facing businesses and consumers.

Fashion Counsel
Dictating the Use of a Celebrity’s Likeness
December 16, 2014
Anthony V. Lupo*

Video game developer Activision Blizzard, Inc. recently won a key victory in the ongoing battle over the right of publicity when a California state court judge dismissed former Panamanian dictator Manuel Noriega’s well-publicized lawsuit.

Fashion Counsel
Barnes & Noble Schools Former FIT Student in IP Suit, as Federal Court Finds Backpack Design Not Copyrightable
December 15, 2014
Anthony V. Lupo* + 1

A former student of the Fashion Institute of Technology recently suffered a decisive blow in her lawsuit against her alma mater and Barnes & Noble, Inc. based on the latter’s use of the student’s copyrighted drawing in connection with the production of a line of backpacks.

Fashion Counsel
Incentives & Promotions in the Fashion Arena: The FTC Weighs In
December 11, 2014
Anthony V. Lupo* + 1

Fashion designers’ retail pricing and promotional strategies have quickly evolved in the last decade, with Internet channels dramatically altering distribution and sales tactics.

Alerts
FTC’s New Chief Technologist Outlines Regulatory Agenda
December 5, 2014
Anthony V. Lupo* + 1

The Federal Trade Commission recently named Ashkan Soltani as its newest Chief Technologist.

Press Release
Law360 Names Anthony Lupo One of the Top Retail and E-Commerce Attorneys in the US
December 3, 2014

Arent Fox LLP partner Anthony V. Lupo was selected by Law360 as a Most Valuable Player in the retail and e-commerce industries for his “savvy business insights.”

Alerts
Attention San Francisco Retailers: City by the Bay Becomes First in Nation to Pass Controversial Workers’ Rights Bill
December 3, 2014
Michael L. Stevens

On November 25, 2014, the San Francisco Board of Supervisors passed the controversial “Retail Workers Bill of Rights.”

The Fine Print
Ikea Seeks Class Decertification in ZIP Code Case
December 2, 2014
Anthony V. Lupo*

Ikea recently argued that a class action filed against it based on alleged violations of California’s Song-Beverly Act should not be maintained.

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