Insights on Fashion & Retail Law

A series of recent decisions have heightened the standard for obtaining preliminary injunctive relief for trademark infringement. This trend presents unique challenges for brand owners seeking to enjoin unauthorized “holdover” use of a trademark by former franchisees or licensees.

On September 21, the Fashion Law Institute at Fordham filed an amicus brief with the Supreme Court of the United States in the matter of Star Athletica LLC v. Varsity Brands, Inc., in support of continuing copyright protection for designs incorporated into useful articles.

The False Claims Act imposes liability on persons and companies who defraud the government of monies, whether it is by receiving monies based on false statements or material omissions, or avoiding the payment of monies through false statements or omissions.

Long lines and waiting for security inspections are the new normal not only at airports and stadiums, but also at office buildings and theatres—just to name a few places.

Last month, the US International Trade Commission issued a decision invalidating a trademark for Converse’s iconic Chuck Taylor sneaker.

The GDPR lays out requirements for organizations that process EU residents’ data and generally provides people increased control over their personal data.

Two China-based clothing manufacturers, Motives Far East and Motives China Limited, and their affiliated US importer, Motives, Incorporated, agreed to pay nearly $13.4 million for engaging in a double invoicing scheme designed to defraud the US out of millions of dollars in customs duties.

In the recent case of International Information Systems Security Certification Consortium v. Security University, LLC, the Second Circuit articulated its test for analyzing nominative fair use claims in trademark infringement cases.

Recent reports indicate that advertising fraud is not only increasing but is now being run by groups alongside otherwise legitimate advertising businesses. 

The first NOV involving register receipts was issued by the Center for Environmental Health against a restaurant in Lake Forest . California retailers appear to have two options: post warning signs in the store or switch to electronic receipts or BPA-free paper.

Under the federal Fair Labor Standards Act, employers must pay employees overtime based on their “regular rate.”

Under a proposed EU regulation, online retail companies in Europe may no longer be able to use geo-tracking in online shopping.

Starting January 1, 2017, larger employers with employees working in San Francisco will have to provide employees with paid parental leave to bond with a new child. On July 1, 2017, the ordinance expands to cover smaller employers.

Last September, we published an alert warning retailers of a looming expansion in the reach of Title III of the Americans with Disabilities Act that would impose requirements on e-commerce websites to make themselves more accessible to users with a wide variety of disabilities.

Store credits not redeemable for cash are not unclaimed property under California’s Unclaimed Property Law.

A recent lawsuit filed against GNC serves as a reminder that companies need to ensure that prices listed as “regular prices” are substantiated.

Whether it is proprietary information regarding customers, pricing, sourcing, product design, or manufacturing methods, trade secrets provide a competitive edge in the market by virtue of the fact that it is not generally known.

Why does it matter? This seemingly inconsequential distinction may mean the difference between being able to prominently display your embroidered brand trademark on your jeans and being required to place a large “Made in China” marking next to the embroidered brand trademark.

J Crew Group Inc. was recently hit with a nationwide class action lawsuit alleging that the clothing retailer offers fictitious sales on the J Crew Factory store website.

The producer of popular Netflix television series “House of Cards” has been sued in federal court on claims of trademark infringement for its use of the trademark HOUSE OF CARDS.

The Trade Facilitation and Enforcement Act of 2015 repealed the “consumptive demand” exemption to the ban on imports made by “forced labor.” The repeal became effective on March 10, 2016.

Social media disclosures may cause heart palpitations for advertisers and copywriters, but the Federal Trade Commission isn’t backing down.

In this episode of Fashion Counsel, Partner Anthony Lupo talks with Jessica Cardon, Senior Vice-President of Camuto Group, about balancing the various aspects of a comprehensive footwear company before a live audience at Bisnow’s 6th Annual NYC Retail Summit Event.

A case filed by Burberry Ltd. earlier this year against JC Penney Corp Inc. in the Southern District of New York for trademark infringement, and related state and federal unfair competition claims over JC Penney’s use of a checkered pattern on coats appears to have quickly been resolved.

On March 18, retailer Sears Holdings Corp. was hit with a $5.5 million lawsuit in Illinois’ Cook County Circuit Court by clothing company Sprockets Clothing Inc. (which is now known as SCI Apparel Inc.).