Insights on Fashion & Retail Law

Macy’s, Inc. and subsidiary Bloomingdale’s, Inc. were recently served with a class action complaint alleging that the retail chains misled consumers with a “phantom pricing scheme” that inflated the savings available on items marked for sale.

The Federal Trade Commission amended its Telemarketing Sales Rule at the end of 2015 to ban certain forms of abusive payment methods.

Costco is defending a trademark infringement lawsuit over its sale of Anne Cole swimwear, an iconic line of women’s swimwear that has been sold in the US for over 30 years.

Twentieth Century Fox Television recently filed a motion for summary judgment in a dispute with record label Empire Distribution, Inc. over the name of Fox’s popular television series Empire.

The Federal Trade Commission has a reached a settlement agreement with several major retailers, including Nordstrom, Bed Bath & Beyond, and JCPenney, over claims that they improperly labeled and advertised rayon products as being made of bamboo.

A federal judge in the Northern District of California recently dismissed a complaint in which video game producers claimed that characters from their games had been misappropriated by competing developers, in violation of copyright law.

A judge in New Jersey federal district court recently dismissed a lawsuit brought against The Cartoon Network by a renowned video gamer.

Employers should be aware of several important changes to federal and New York wage and hour laws, effective December 31, 2015 and January 1, 2016.

The Supreme Court ruled interactive computer service providers like Yelp cannot be held legally responsible for info created and developed by third parties.

In this episode of Fashion Counsel, Partner Anthony Lupo reviews trade dress details with Intellectual Property Partner Allan E. Anderson.

On Monday, November 30, 2015, Nordstrom and denim manufacturer AG Adriano Goldschmied filed a motion to approve a settlement in California federal court, agreeing to pay more than $4 million to settle a consumer class action suit that accused them of falsely labeling jeans as “Made in USA.”

A federal judge for the Southern District of California recently held in Branca v. Nordstrom, Inc. that a class action could proceed with claims that Nordstrom made deceptive savings claims at a Nordstrom Rack store.

Urban Outfitters, Inc. recently settled an overtime wage and hour class action brought by one of its employees who alleged that he and others similarly situated were forced to work overtime without appropriate pay and that the Company violated a number of other California labor laws.

The E-Warranty Act of 2015 was recently signed into law, amending the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, to permit manufacturers and sellers of consumer products the option to post written warranties online.

In this episode of Fashion Counsel, Partners Anthony Lupo and Richard Newman talk about why and how a fashion company should set-up a non-profit entity for their charitable giving.

In recognition of his standout career as a leading entertainment attorney, Arent Fox LLP partner Anthony V. Lupo was honored with the prestigious Game Changer Award on September 18 at the New Global Paradigm for Entertainment, Arts and Sports Symposium in Washington, DC.

These action items will not only put you in a better position when a breach arises, but you will have the right answers when a regulator calls.

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).