Consumer class actions against fashion retailers are on the rise, and the most recent target is Saks Fifth Avenue.
On March 19, 2015, a Minnesota federal judge granted preliminary approval of Target Corporation’s (Target) proposed $10 million settlement of a class action lawsuit, which arose out of a 2013 data breach that compromised personal information of roughly 110 million of Target’s customers.
On March 24, 2015, the Washington, DC office of Arent Fox LLP, in cooperation with the Georgetown University McCourt School of Public Policy, hosted the latest edition of their Public Policy Forum Series.
On March 24, 2015, Arkansas Gov. Asa Hutchinson (R) signed into law S.B. 426, the Fair and Open Competition in Governmental Construction Act.
On March 24, 2015, the Supreme Court issued its much anticipated second trademark decision of the term, holding that US Trademark Trial and Appeal Board (TTAB) decisions concerning likelihood of confusion generally have preclusive effects in federal court.
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.
In the non-precedential ruling, the Trademark Trial and Appeal Board (TTAB or Board) found that the marks “MASQUERADE” and “MASCARADE” are likely to be confused for different alcoholic beverages. In re 8 Vini, Inc., Serial No. 85857391 (January 16, 2015) [not precedential].
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.
A recent Delaware District Court decision concerning an appeal of a bankruptcy settlement clearly provides support for the use of tender offers or other exchange, or settlement mechanics permitted under applicable federal securities laws prior to and outside a plan of reorganization.
The second installment from Birgit Matthiesen for a planned series of cross-border trade updates.
A recent ruling in California US District Court will severely curtail the ability of plaintiffs to bring tort actions based on exposure to chemicals listed under California’s Proposition 65 (Prop 65) as chemicals known to cause cancer or birth defects.
The Second Circuit in Krys v. Farnum Place denied a petition for rehearing or rehearing en banc by Appellee Farnum Place, LLC , a hedge fund that sought to protect its purchase of a $230 million claim against the bankruptcy estate of Bernard L. Madoff Investment Securities LLC.
The alleged descendants of Aunt Jemima (a.k.a. Anna Short Harrington) do not have a valid claim to the great syrup fortune of Pepsi and Quaker Oats, according to a recent ruling by the US District Court for the Northern District of Illinois.
In a recent decision, the Federal Circuit clarified the “use in commerce” requirement for trademark applications filed in connection with the provision of a service.
In a two-part episode of Fashion Counsel, Partner Anthony Lupo talks with Robert Almerini, President & COO of Diane von Furstenberg.
There was good news for those companies that have products with unique designs at the US Patent and Trademark Office (PTO). The PTO found that the design of a monster truck could be protected and registered as trade dress for the “services” offered by the owner.
The United States Bankruptcy Court for the Northern District of Texas (Bankruptcy Court) declined to grant comity to a decision of the Mexican labor board thereby refusing to recognize a foreclosure sale of assets belonging to Elcoteq, Inc., a US corporation in US bankruptcy proceedings.
California’s 4th District Court of Appeal issued its opinion in Gerard v. Orange Coast Memorial Medical Center, invalidating the portion of California IWC Wage Order No. 5 that permitted non-exempt health care employees to waive a second meal period for shifts longer than 12 hours.
Tinder, a mobile dating application, recently removed an advertising campaign being conducted on the app by Gap, Inc.
The stakeholder engagement process supporting the Obama Administration’s plans to develop a National Action Plan on Responsible Business Conduct (NAP) is well underway. Two stakeholder meetings have already occurred in New York City and Berkeley, California.
For the first time, the Better Business Bureau (BBB) has added guidance on negative option billing plans to its “Code of Advertising.” The Code governs advertising disputes for the 112 BBB chapters in the US and Canada.
In a recent case, a Virginia trial court has joined other states in opening the door to lawsuits by disappointed beneficiaries who can demonstrate that the testator’s lawyer’s malpractice caused the beneficiary to receive a smaller bequest than intended by the testator.
The Supreme Court of the United States declined to review the decision of the United States Court of Appeals for the Fourth Circuit in Jaffé v. Samsung Electronics Co.[2], leaving undisturbed the Fourth Circuit’s holding.
Based on recent votes in Congress, the possibility of a partial shutdown of Department of Homeland Security (DHS) activities for at least a brief period of time is looming larger. On February 27, 2015, Congress extended DHS funding for one week.