Fashion Counsel

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.

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.

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.

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.

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.

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.

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.

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.