Fashion Counsel

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.

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.

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

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.”

Clothing retailers Urban Outfitters and Free People recently agreed to settle a class action lawsuit alleging that the retailers improperly collected ZIP codes from customers at checkout by giving class members a gift card.

Employers in New York are bound by a law that requires them to pay workers who report for scheduled shifts at least four hours of pay, even if managers send them home earlier.

Macy’s is currently engaged in litigation to regain ownership of multiple trademarks associated with Macy’s-owned department stores that are no longer in use.

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.

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.

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.

Apple Inc. and other leading technology companies have reached an agreement with the European Union (EU) regarding their use of the word “free” in relation to mobile applications. The EU alleged that the companies were labeling apps as “free” in contexts that were likely to mislead consumers.

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.

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.”

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.

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.

In a succinct eight-page opinion, the Supreme Court ruled unanimously last week that trademark “tacking” is a question of fact that should generally be decided by juries.

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.

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.

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

FTC recently brought its first case under the 2010 Restore Online Shoppers’ Confidence Act that prohibits online sellers from charging consumers in an Internet transaction unless the seller has clearly disclosed all material terms of the transaction and obtained consumers’ express informed consent.