Insights on Fashion & Retail Law

On Tuesday September 1, 2015, California Governor Jerry Brown signed a bill that will enable products to be labeled and marketed with an unqualified “Made in USA” statement even if not entirely made in the United States – a major departure from California’s current more stringent standard.

In a closely-watched fashion design case, the Sixth Circuit ruled last week that decorative designs on cheerleading uniforms are eligible for copyright protection.

Jawbone and Fitbit, both billion-dollar leaders in the “wearable” technology category of fitness bands, are warming up for what may become a test of legal endurance.

Nike Inc. (Nike) recently agreed to pay more than $2.4 million to settle a class action lawsuit related to the Nike FuelBand activity tracker.

Law360 recently quoted Fashion Law leader Tony Lupo after Michael Kors joined several other luxury fashion companies in taking a new step in fighting widespread counterfeiting by targeting landlords who facilitate the trademark infringement.

In this episode of Fashion Counsel, Partner Anthony Lupo talks with Hank Rouda, Former General Counsel, North America at H&M.

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.

California’s Song-Beverly Credit Card Act does not prohibit retailers from collecting email addresses after a credit card transaction has been concluded, according to a recent ruling by a California appellate court.

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.

There is a split among circuit courts over whether a company faced with a privacy breach is subject to liability where a consumer suffers no discernible harm.

A “must read” for marketers that feature celebrity or consumer endorsements in their ads, or any company operating contests or sweepstakes on social media.

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

The 2015 edition of Legal 500 US has rated 50 Arent Fox LLP attorneys as national leaders in their field. In addition, 15 of the firm’s practice areas were ranked among the best in the country.

A California appeals court recently held that a retailer does not violate California privacy law by collecting and recording birth dates of consumers who buy alcohol with credit cards.

A California appeals court recently held in Ambers v. Beverages & More, Inc. that retailers are permitted under state law to request customers’ personal information when goods are purchased online but picked up in person.

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.”

Starting May 13, 2015, applicants in the US who file a single industrial design application at the United States Patent and Trademark Office in English have the opportunity to obtain protection for up to 100 different industrial designs across 44 countries and intergovernmental organizations.

The Telephone Consumer Protection Act was enacted to protect consumers from abusive telemarketing practices by making it unlawful to initiate unsolicited telemarketing messages.

With the release of the Apple Watch, a number of companies are likely to grapple with an increasingly common problem: how to secure sensitive company data and information in the age of wearables.

On April 14, 2015, Maryland Gov. Larry Hogan (R) signed into law a measure that extends the applicability of the state’s anti-discrimination laws to unpaid interns.

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.