Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo
E-Commerce, Online Distribution & Fulfillment, Intellectual Property
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Federal Court Upholds Controversial Ban on Fur Sales in West Hollywood

Attention West Hollywood (WeHo) shoppers, new furs are no longer for sale in WeHo! A federal court recently dismissed constitutional challenges to the City of West Hollywood’s (WeHo) city-wide ban prohibiting the sale of fur products (Ordinance No. 11-877) brought by Mayfair House, Inc., a luxury retailer of clothing products including fur-lined parkas and shearling gloves and slippers. The controversial ban on fur went into effect last year and prohibits the sale, import, export, trade, or distribution of any fur product by any means anywhere within the City of West Hollywood on or after September 21, 2013 — subject to certain exemptions.

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Fashion Law Videos
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Lacoste North America CEO Francis Pierrel Sees Strength in US Market

Earlier this month, Lacoste re-signed a deal to outfit the ATP World Tour staff at all pro tennis events through 2015, a partnership that is just one component of the high-end lifestyle brand’s strategic initiatives.

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The Weekly Cut
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The Weekly Cut

News you can use from around the fashion industry:

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Labor & Employment
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Arbitrate This! Ninth Circuit Issues Two Wins for California Retail Employers

On June 23, a frequently employee-friendly United States Court of Appeals for the Ninth Circuit delivered two significant, pro-employer decisions pertaining to employee arbitration agreements. In Johnmohammadi v. Bloomingdale’s, Inc., the court affirmed a district court’s order granting Bloomingdale’s motion to compel arbitration, whereas in Davis v. Nordstrom, Inc., the court reversed a district court’s denial of Nordstrom’s motion to compel.

Both decisions accord with and follow the United States Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion, where the Court established the supremacy of the Federal Arbitration Act by upholding a class action waiver provision in a valid arbitration agreement notwithstanding the California state court’s determination that the provision was unconscionable.

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Intellectual Property, Copyright, Patent, Trademark
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Arent Fox Files Lawsuit Protecting Diesel Against Cybersquatting Websites Selling Counterfeit Goods

Press Release

Washington, DC – On June 24, Arent Fox LLP filed suit on behalf of Italian clothing company Diesel S.p.A. against 83 websites that are cybersquatting and selling counterfeit products appearing to carry the internationally recognized label. By using the company’s trademark in the domain name, the websites are creating the false impression they are authorized to sell genuine Diesel goods. Already, the sites have sold thousands of counterfeit reproductions of Diesel’s high quality products.
 

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Labor & Employment
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Check It Out: Home Depot Becomes Latest Retailer Sued for Violations of the Fair Credit Reporting Act

The employment application process has become increasingly complex and a growing source of litigation for retailers and other employers. Home Depot Inc. was recently slapped with a lawsuit in the United States District Court for the Northern District of Georgia, alleging that the behemoth retailer runs background checks on employees and job applicants without properly notifying them or providing copies of the reports before taking adverse action against them over the reports’ findings.Henderson v. The Home Depot, Inc., (N.D. Ga. Case No. 1:14-cv-02123). The lawsuit alleges that this practice is a violation of the federal Fair Credit Reporting Act (FCRA).

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Labor & Employment
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Parties Should Consider Judges When Approving Settlements

(*This article was originally published in Law360.)

On May 29, 2014, U.S. District Judge William Alsup of the Northern District of California denied preliminary approval of a proposed settlement between Defendant Aeropostale Inc. and named Plaintiff Portia Daniels in a collective action involving claims for failure to pay overtime wages. Judge Alsup took issue with the settlement largely because the majority of opt-in collective action members would have to “give a release and covenant not to sue defendants in exchange for zero cash,” among other failings.

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Fashion Law Videos
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Fashion Counsel Executive Series: Fila’s Got Game: VP Jennifer Estabrook Discusses Brand Strategy

In the second of a two-part episode of Fashion Counsel, partner Anthony Lupo talks with Jennifer Estabrook, Executive Vice President, Business Operations at Fila, about shop-in-shops, Instagram, and what the future holds.

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Intellectual Property, Copyright, Patent, Trademark
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Fight On, Fight On? USPTO Cancels Six WASHINGTON REDSKINS Trademarks

Yesterday, the Trademark Trial and Appeal Board (TTAB) of the US Patent & Trademark Office (USPTO) cancelled six registrations related to the Washington Redskins professional football team. The TTAB found the marks violated Section 2(a) of the Federal Lanham Act, which bars registration of trademarks that may disparage persons or bring them into contempt or disrepute.

While this is a setback for Pro Football, Inc., the owner of the WASHINGTON REDSKINS trademarks, it is certainly not the end of the story. The team has already announced that it will appeal the decision to federal court. Furthermore, the TTAB decision only covers the right to register the trademarks. It does not impact the team’s right to use the trademarks, nor does it impact the team’s common law trademark rights, which are based on use of the marks in commerce.

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Intellectual Property, Copyright, Trademark
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MPD Accessories Wins Copyright Battle Over Textile Designs Against Urban Outfitters

Fashion retailers beware — that lovely textile sample catching your eye could contain a copyrighted design. The United States District Court for the Southern District of New York recently awarded summary judgment against Defendants Urban Outfitters, Inc. (Urban Outfitters) and GMA Accessories, Inc. dba Capelli New York (Capelli) for infringement of copyrighted textile designs by producing and selling scarves containing two copyrighted star and stripe designs. MPD Accessories B.V. v. Urban Outfitters, Case 1:12-cv-06501-LTS-KNF.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.