Skip to main content

JC Penney Quickly Settles Suit With Burberry Over Alleged Counterfeit Check Pattern

A case filed by Burberry Ltd. earlier this year against JC Penney Corp Inc. in the Southern District of New York for trademark infringement, and related state and federal unfair competition claims over JC Penney’s use of a checkered pattern on coats appears to have quickly been resolved. Burberry Ltd. et al., v. J.C. Penney Corp. Inc., No. 1:16-cv-00982 (S.D.N.Y. 2016). In addition to state and federal trademark infringement, Burberry also asserted the more serious claims of trademark counterfeiting, which carries with it statutory penalties.  

Sears Sued by Clothing Company for Cancelling Orders in Violation of Contract

On March 18, retailer Sears Holdings Corp. was hit with a $5.5 million lawsuit in Illinois’ Cook County Circuit Court by clothing company Sprockets Clothing Inc. (which is now known as SCI Apparel Inc.). Sprockets alleges that Sears breached an exclusive vendor contract entered into in 2010 by cancelling nearly $4 million of orders after Sprockets already manufactured and shipped the orders.

Costco Looks to Knock Out FACTA Receipt Class Action

What’s the News? Costco Wholesale Corporation recently moved to dismiss a class action lawsuit alleging that the discount retailer printed more than the last five digits of a customer’s credit card number on her receipt, in violation of the Fair and Accurate Credit Transactions Act (FACTA). Costco argued in its motion that the document upon which the credit card number was printed – a longer document provided to the plaintiff by a customer service supervisor – was not actually a “point-of-sale” receipt within the meaning of FACTA, taking it outside the scope of the law.

Catch a Conversation with Anthony Lupo and Camuto Group SVP Jessica Cardon

On March 15, Arent Fox Fashion Law practice leader Anthony Lupo will give the keynote interview with Jessica Elliott Cardon, Senior Vice-President and General Counsel of Camuto Group during Bisnow's 6th Annual Retail Summit “Trends in Urban Acquisitions, Development, and Leasing” in New York City.

Amazon Fights Injunction in FTC Action Over In-App Billing Practices

Practical Guidance In-app purchasing remains a priority for regulators.   Companies with mobile apps should incorporate password protection and informative prompts to obtain informed consent from account owners for in-app purchases. What the News? Amazon.com, Inc.

Importer Information: ACE Transition Delayed; Updated Timeline

This alert brings you recent developments affecting importers at US Customs and Border Protection (CBP). The developments affect how importer information is filed with CBP.   You will be impacted if you electronically submit entry or entry summary data to CBP. Groups most likely to be impacted include importers, brokers, self-filers, or software providers.  

CFPB: Get Proper Consent for Recurring Debit Transactions, or Else!

As 2016 gets underway, companies should be mindful that regulators are paying close attention to automatic recurring debit transactions. If reviewing your recurring debit transaction consent procedures was not already one of your New Year’s resolutions, it may be worth making it a late addition.

Arent Fox Wins Lawsuit Protecting Diesel From Websites Selling Counterfeit Products

Washington, DC — Earlier this month, Arent Fox LLP secured a victory for Diesel S.p.A. after a federal court granted default judgement in a lawsuit the Italian clothing company filed against nine John Doe defendants operating 83 cybersquatting websites that sold counterfeit products appearing to carry the internationally recognized label.

Deal or No Deal? Class Action Alleges Macy’s Offered Misleading Sale Prices

What’s the News? Macy’s, Inc. and subsidiary Bloomingdale’s, Inc. were recently served with a class action complaint alleging that the retail chains misled consumers with a “phantom pricing scheme” that inflated the savings available on items marked for sale. According to the complaint, the stores listed artificially high “regular” prices on “sale” items, increasing, by comparison, the savings that consumers believed they were receiving.

Is It or Isn’t It? FTC Issues Guidance to Companies on Native Advertising

The Federal Trade Commission recently issued its long-anticipated guidance on native advertising. While the policy statement and its related guidance are new, the FTC emphasized that it has been regulating native advertising under Section 5 of the FTC Act since 1967 and that this policy document and guidance is a summary of the principles that it has developed over the years. While the FTC has been regulating native advertisements for decades, the issuance of this guidance indicates that the FTC will be making regulation of native advertising a priority in 2016.