Perspectives on Fashion & Retail Law

Last month, the US District Court for the Southern District of New York denied injunctive relief to clothing designer and retailer Saturdays Surf LLC for trademark infringement asserted against Kate Spade LLC.

As experienced members of the fashion industry can attest, trade matters such as duties and taxes, and other regulations can have a huge impact on global sales and sourcing decisions.

On March 12, 2012, BCBG Max Azria Group, Inc. (BCBG) sued Stretta Moda, LLC (Stretta) for infringement, unfair competition, and dilution of its Herve Leger bandage dress design.

On June 7–8, 2013, patent-licensing entity Smart Search Concepts LLC filed nine similar patent-infringement lawsuits targeting fashion retailers Gap, JC Penney, Kohl’s, Macy’s, Neiman Marcus, and Nordstrom, among other defendants.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Labor & Employment practice leader Mike Stevens discuss the liabilities employers are exposed to when staffing choices involve potentially perilous classifications.

On May 7, 2013, the US District Court for the Central District of California granted final approval of Steven Madden, Ltd.’s settlement of a nationwide class action alleging that it violated the Telephone Consumer Protection Act by sending plaintiff and class members unsolicited text message ads.

Arent Fox served as outside counsel for the San Francisco 49ers in a naming rights and sponsorship transaction with Levi Strauss & Co.

In this video episode of Fashion Counsel, Arent Fox Partners Anthony Lupo and Nancy Noonan discuss the best visa types to assure smooth extended stays for strategic managers on assignment in the US for up to seven years.

On April 19, 2013 the National Labor Relations Board held that the Bettie Page clothing company unlawfully fired employees who used Facebook to discuss complaints about their supervisor’s conduct and other work-related concerns, rejecting the employer’s claim it was tricked into firing the workers.

Ralph Lauren Corporation has agreed to pay $1.6 million collectively to resolve allegations of misconduct under the Foreign Corrupt Practices Act for allegedly bribing government officials in Argentina.

On February 28, 2012, The Navajo Nation sued Urban Outfitters, Inc. and its subsidiaries for trademark infringement, dilution, unfair competition, false advertising, unfair practices and state trademark infringement, and violation of the Indian Arts and Crafts Act.

The US District Court for the Central District of California granted Lee Tillett, Inc.’s (Tillett) motion for preliminary injunction preventing Boldface Group, Inc. (Boldface), which sells the makeup line Khroma Beauty by Kourtney, Kim, and Khloe Kardashian, from using the mark KHROMA.

In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Partner Ricardo Fischer discuss tactics and strategies to attain full royalty payments in the face of fluctuating currency valuations.

In this episode of Fashion Counsel, Anthony Lupo sits down with Kevin Plank, the CEO & Founder of Under Armour.

Arent Fox Intellectual Property partner Anthony Lupo was profiled in a feature article by The Washington Post for making a “career out of breaking the mold of a typical D.C. regulatory lawyer,” while maintaining a “bustling entertainment practice that could rival that of a California firm.”

J. Crew Group, Inc. sued one of its former designers, Dwight Fenton, for breaching its duty of confidentiality, unfair competition and misappropriation, alleging that when he left the company to work for a direct competitor, he took with him trade secrets and other confidential business information.

Accommodations Delayed Are Not Accommodations Denied - US District Court for the Southern District of Ohio rejectetd ADA claims against JPMorgan Chase.

Arent Fox LLP is announcing the launch of Fashion Counsel with Anthony V. Lupo, a legal blog that highlights critical issues for designers and retailers.

The US Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) affirmed a decision rejecting Lululemon Athletica Canada Inc.’s (Lululemon) trademark application for a large version of its logo as used on the front of hooded sweatshirts, jackets and coats.

A California federal jury determined two floral designs manufactured into garments imported by Ms. Bubbles Inc. and sold in Aeropostale stores, infringed copyrighted designs of a snowflake and a rose owned by Plaintiff LA Printex.

California AG filed two lawsuits against Chinese and Indian apparel manufacturers, accusing them of unfair competitive advantage through pirated software use.

Two recent defamation cases highlight the risks involved in suing former customers or clients for defamation based on the posting of negative online reviews on Internet review websites such as AngiesList.com and Yelp.com.

Fashion Counsel provides written articles and alerts applicable to the fashion industry, as well as a monthly video podcast series.