What’s the News?
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. While California’s Song-Beverly Credit Card Act (Song-Beverly) prohibits the collection of personal information in connection with many in-store transactions, courts have found it to have limited applicability to online purchases. Although the plaintiff Michael Ambers did collect the purchased goods in person, the court found that the transaction was completed online and, thus, that defendant BevMo had not violated the law by asking him to provide his address and telephone number.
This case is the latest in an ongoing effort by California courts to determine the scope of Song-Beverly—adopted in the 1971—in the digital economy.
What’s the News?
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. The stated purpose of the law is to establish protections for interns and applicants for internships from discriminatory acts that are similar to those extended to regular paid employees. Maryland is following in the footsteps of states like New York, Oregon, and California that have already expanded such protection for interns.
With each collection, Diane von Furstenberg fearlessly forges new paths for luxury fashion brands with her iconic company. In an interview with the New York Times, she said, "I am not a good CEO, but I have the passion and the force of a founder, and therefore I can make things happen. I can inspire people and motivate people." Her industry leadership combined with her strong business team has kept DVF at the forefront of fashion's future.
Arent Fox Fashion Law leader Anthony V. Lupo was recently feature in Washingtonian magazine, which reported that the leading lawyer knows how to “stand out in Washington legal circles.”
When asked where he sees the fashion industry in 10 years, Tony responded: “Brick-and-mortar stores will be showpieces for a brand, but the real transactions will take place online. Virtual avatars so you can try things on, apps that recall and advise your purchases—that’s the future. It will free up a lot of money for the industry because a brand’s biggest expense is real estate.”
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.
Starting on May 13, 2015, Applicants in the United States who file a single industrial design application at the United States Patent and Trademark Office (USPTO) in English have the opportunity to obtain protection for up to 100 different industrial designs across 44 countries and intergovernmental organizations. This change was published in the USPTO’s Final Rules relating to “Changes to Implement the Hague Agreement Concerning the International Registration of Industrial Designs” in April.
As a result, the United States now joins 63 countries and intergovernmental organizations in the Hague System. This allows US Applicants to enjoy a more streamlined process for obtaining protection for their designs globally, virtually eliminating what once was a tedious process of filing numerous industrial design applications across several dozen countries and intergovernmental organizations.
The Telephone Consumer Protection Act (TCPA) was enacted to protect consumers from abusive telemarketing practices by making it unlawful to initiate unsolicited telemarketing messages. Recently, however, there has been a significant increase in TCPA litigation involving on-demand solicited text messages that consumers affirmatively request to receive in response to a call-to-action display.
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. See 12 NYCRR 142-2.3. According to the office of the New York Attorney General, Eric Schneiderman, retailers have attempted to skirt this law by increasingly assigning just enough employees to handle anticipated demand and requiring others to be on-call, allegedly resulting in far less predictable and less stable work hours for much of the retailers’ part-time work force.
Arent Fox Intellectual Property partner Cristina Carvalho and head of Arent Fox’s Fashion Law practice Anthony Lupo present, "Challenges and Opportunities for International Brands Entering the Brazilian Fashion Market" in partnership with the Brazilian-American Chamber of Commerce.
Over the last 10 years, many international fashion brands have successfully entered the Brazilian market. Please join us on April 29, 2015 at the University Club in New York City, where you will hear from panelists representing international fashion brands on their experiences entering the Brazilian fashion market.
Fashion companies often provide uniforms and clothing allowances to their employees. If the company meets requirements set by the Internal Revenue Service, they can get tax favored treatment for those items. However, it can be difficult for fashion companies to meet those requirements.
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