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Defend Trade Secrets Act Creates Need to Revise Employee Contracts Governing Use of Trade Secrets and Confidential Information

Fashion companies deal with trade secrets and other confidential information all the time. Whether it is proprietary information regarding customers, pricing, sourcing, product design or manufacturing methods, this valuable intellectual property provides a competitive edge in the market by virtue of the fact that it is not generally known.

C’est Toi Jeans USA - a Trademark or a Country of Origin Reference?

Why does it matter? This seemingly inconsequential distinction may mean the difference between being able to prominently display your embroidered brand trademark on your jeans and being required to place a large “Made in China” marking next to the embroidered brand trademark. This is exactly what US Customs and Border Protection (CBP) attempted to do to the jeans manufacturer JBLU, Inc., whose “C’est Toi Jeans USA” trademark had been in use, but not yet registered.  

CBP Issues Withhold Release Orders On Certain Imports Made By Forced Labor From China

US Customs and Border Protection has provided details on recent changes to the law that prohibits imports made of convict, forced, or indentured labor. The Trade Facilitation and Enforcement Act of 2015 repealed the “consumptive demand” exemption to the ban on imports made by “forced labor.” The repeal became effective on March 10, 2016.    Prior to the changes, there had been an exemption to the ban if goods were not mined, produced or manufactured in such quantities in the United States as to meet the consumptive demands of the United States.  

J Crew Hit With Class Action over Online Factory Store Prices

What’s the News? J Crew Group Inc. was recently hit with a nationwide class action lawsuit alleging that the clothing retailer offers fictitious sales on the J Crew Factory store website. According to the complaint, while items throughout the site are offered at “sale” prices, they are never actually sold at the higher “valued at” price listed to advertise potential savings. Asserting that the company’s pricing strategy violates dozens of state consumer protection laws, the complaint seeks compensatory and punitive damages, as well as injunctive relief.

Arent Fox Speaks to New Fashion Designers on Setting Up Their Brands

On April 26, 2016—The Fashion Institute of Design & Merchandising (FIDM) invited Anthony Lupo, chair of Arent Fox's fashion law practice, to give students and alumni a presentation about the specific legal and business challenges that designers and retailers of fashion and luxury products face in an increasi

CBP Issues Withhold Release Orders On Certain Imports Made By Forced Labor From China

US Customs and Border Protection has provided details on recent changes to the law that prohibits imports made of convict, forced, or indentured labor. The Trade Facilitation and Enforcement Act of 2015 repealed the “consumptive demand” exemption to the ban on imports made by “forced labor.” The repeal became effective on March 10, 2016.    Prior to the changes, there had been an exemption to the ban if goods were not mined, produced or manufactured in such quantities in the United States as to meet the consumptive demands of the United States.  

House of Cards Producer Sued over Trademark Licensing Dispute

What’s the News? The producer of popular Netflix television series “House of Cards” has been sued in federal court on claims of trademark infringement for its use of the trademark HOUSE OF CARDS. See D2 Holdings LLC v. MRC II Distribution Co., L.P., et al. 1:16CV10453 (D. Mass. March 3, 2016). The plaintiff, D2 Holdings LLC, and its predecessor-in-interest have owned a federal registration for HOUSE OF CARDS since 2007, years before the popular political drama of the same name aired in 2013. While defendant MRC II Distribution Company L.P.

Winds of Change: Court Grants Summary Judgment for Plaintiff in Website Accessibility ADA Claim

Last September, we published an alert warning retailers of a looming expansion in the reach of Title III of the Americans with Disabilities Act that would impose requirements on e-commerce websites to make themselves more accessible to users with a wide variety of disabilities.

FTC Targets Retailers Offering Tweets for Pay

Social media disclosures may cause heart palpitations for advertisers and copywriters, but the Federal Trade Commission isn’t backing down. A recent settlement involving Lord & Taylor provides another important reminder that the FTC is scrutinizing social media campaigns and that proper disclosures are required, even if you only have 140 characters to do it in.

Super Bowl Ads to Licensing Partnerships: Anthony Lupo and Camuto Group SVP Jessica Cardon Discuss Top Retail Trends

Inspired by the late shoe industry giant Vince Camuto, founder of Nine West, Camuto Group’s vision for the future of the industry first took shape from the early pioneer in wholesaling quality footwear. Now, as a major player in the footwear space, Camuto Group’s operations include everything from running a portfolio of brands in more than 30 categories to partnering and licensing with major brands like Tory Burch, Jessica Simpson, and ED Ellen DeGeneres.