Arent Fox’s Fashion Law group was recommended as one of the best retail practices in the country by WWD, which encouraged retailers to call on the firm’s attorneys when faced with issues that threaten their bottom line.
It's no secret that 2017 has been a particularly difficult and troubling year for the retail industry. Changing consumer preferences and attitudes, the need for rapid and convenient shopping solutions, and a surge in online shopping offer some insight as to why the landscape has been evolving so rapidly...and why the retail sector has been hit so hard.
In another victory for retail and fashion clients, a federal court recently held that an online arbitration provision for a web-based application was enforceable, reversing a lower court decision and essentially blocking a proposed class action.
Calling all #influencers: that promotional post may attract more attention than you bargained for with your brand if you fail to use required disclosures. With several enforcement actions against companies, assistance from Instagram’s new paid partnerships tool, and the first ever complaint directly against social media influencers, the Federal Trade Commission has made it clear that they are fed up with deceptive endorsements.
With tax reform front and center on the political agenda, retailers should be paying close attention to changes that could have an important impact on the fashion industry.
Last week, President Trump launched a public push for comprehensive tax reform, promising an improved competitive tax position for US companies relative to other countries in the Organisation for Economic Co-operation and Development.
Ice cream truck franchising company, Mister Softee Inc., recently filed suit against a former franchisee claiming trademark infringement and unfair competition. The company claimed that although Mister Softee ended its franchising and license agreements with the licensee, he continued to operate his New Jersey ice cream businesses using the Mister Softee trademarks, as well as an iconic jingle.
An online retailer and its president recently pled guilty to a price-fixing conspiracy for customized promotional products that was implemented through text messaging and social media platforms. The successful prosecutions are the latest in the Department of Justice’s ongoing antitrust investigation into the online promotional products industry.
Instagram has a message for social media Influencers: the Wild West is coming to an end. The popular photo-sharing platform is rolling out a new tool that will make it easier to tag and track paid commercial content. The tool offers a potential replacement for the much loathed “#ad” disclosure, but it also signals a coming crackdown on Influencer posts.
As nearly every company’s products and services can be critiqued on several online platforms, courts must balance a speaker’s First Amendment right to express opinions anonymously online against a business’s right protect itself from defamatory speech. On one hand, anonymous online speech is typically thought to be protected by the First Amendment, and websites posting anonymous reviews often fiercely defend their reviewers’ anonymity and their speech as non-actionable opinion. Early this year, Congress even passed the Consumer Review Fairness Act, which stops a company from using a contrac