Skip to main content

When Complaining About Your Job Becomes Protected Concerted Activity: NLRB Holds Firings for Negative Facebook Posts About Fashion Company Unlawful

Introduction On April 19, 2013 the National Labor Relations Board (NLRB) 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. Design Tech. Grp. LLC d/b/a Bettie Page Clothing, 359 NLRB No. 96 (April 19, 2013).

Court Denies Urban Outfitters’ Motion to Dismiss Navajo Nation’s Trademark Suit

On February 28, 2012, The Navajo Nation (Navajo Nation) sued Urban Outfitters, Inc. and its subsidiaries (Urban Outfitters) in the US District Court for the District of New Mexico for trademark infringement, dilution, unfair competition, false advertising, unfair practices and state trademark infringement, and violation of the Indian Arts and Crafts Act (IACA). Urban Outfitters filed a motion to dismiss the complaint, and on March 26, 2013, the court granted and denied the motion in part.

Fashion Counsel Episode 6: Bridging the Euro/US Privacy Divide

Arent Fox today released Episode 6 of Fashion Counsel with Anthony V. Lupo. This edition features Sarah Bruno, partner in Arent Fox’s Intellectual Property practice who focuses on privacy and data security. In Episode 6, host and Arent Fox partner Tony Lupo interviews Ms. Bruno on safe harbor and model clause solutions that protect companies passing personal data across servers in the United States and Europe.

Kardashian Khroma Beauty Line Continues Trademark Battle

On March 11, 2013, 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. Boldface has appealed the order to the Ninth Circuit.

Fashion Counsel: Currency & Payments in Latin America

Arent Fox today released Episode 5 of Fashion Counsel with Anthony V. Lupo. This edition features Ricardo Fischer, partner and special legal consultant to Arent Fox’s Intellectual Property and International Trade groups.

Fashion Counsel: Safety Risks and Rules for Retailers of Children’s Apparel

Arent Fox today released Episode 4 of Fashion Counsel with Anthony V. Lupo. This edition features partner Georgia Ravitz, leader of the firm’s Consumer Product Safety practice.

Fashion Counsel Executive Series: Under Armour CEO & Founder, Kevin Plank

In this episode of our Fashion Counsel Executive Series, Fashion leader Anthony Lupo sits down with Kevin Plank, the CEO & Founder of Under Armour, to discuss the famous ESPN Magazine advertisement that put Under Armour on the map, the rise of fashion’s influence on athletic apparel (and vice versa), major competitors and celebrity endorsements, and international strategy, particularly in China. To watch the interview, click on the link below.

J. Crew Sues Former Designer for Alleged Trade Secrets Violation

In a recent case in New York, 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 for use at his new job.

March 16, 2013: Derivation Under New First-to-File Patent System

What Is Derivation? Derivation occurs when one obtains an invention from another. As the US moves from a first-to-invent to a first-to-file system under the American Invents Act (AIA) on March 16, 2013, derivation is an issue in two contexts: (1) as an exception to novelty defeating acts; and (2) in derivation proceedings that replace interferences.

Accommodations Delayed Are Not Accommodations Denied: JPMorgan Chase Cleared in ADA Suit

In a recent decision, the US District Court for the Southern District of Ohio rejected ADA claims against JPMorgan Chase, finding that the company had reasonably accommodated the plaintiff during an extended period that included both intermittent and continuous FMLA leave. Johnson v. JPMorgan Chase & Co. No. 2:11-cv-00373-EAS-EPD (S.D. Ohio, February 6, 2013).