Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo
E-Commerce, Online Distribution & Fulfillment
alert
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. While the US Department of Justice has yet to promulgate regulations specifying those requirements, enforcement actions by DOJ and threatened class action lawsuits by a number of plaintiffs’ law firms all point towards the likelihood that retailers' websites will have to meet Level AA of the Web Content Accessibility Guidelines v. 2.0.

Continue Reading →
Advertising, Data Collection & Privacy
alert
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.

Continue Reading →
Real Estate & Leasing, E-Commerce, Online Distribution & Fulfillment, Fashion Law Videos, Advertising, Data Collection & Privacy
video
Super Bowl Ads to Licensing Partnerships: Anthony Lupo and Camuto Group SVP Jessica Cardon Discuss Top Retail Trends
In this episode of Fashion Counsel, partner Anthony Lupo talks with Jessica Cardon, Senior Vice-President of Camuto Group, about balancing the various aspects of a comprehensive footwear company before a live audience at Bisnow’s 6th Annual NYC Retail Summit Event.
Continue Reading →
Intellectual Property, Trademark
alert
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.
 
The check patterns at issue were as follows:
 
Burberry Check Pattern:

JC Penney Scarf Coat:

Continue Reading →
alert
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.

Sprockets claims that Sears had no contractual justification for its actions and Sears’ cancellation was not “commercially reasonable practice” because the clothing that Sprockets produced was of a quality consistent with the requirements of the contract and there was no cancellation clause in the contract. Additionally, Sprockets alleges that Sears violated the contract by withholding $750,000 of Sprocket’s contributions to a joint project between the parties to launch a “store within a store” retailing concept, even though Sears never developed the concept.
 

Continue Reading →
Advertising, Data Collection & Privacy
alert
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. This case presents an interesting issue for companies as they seek to avoid costly and time-consuming litigation under FACTA.
 

Continue Reading →
Real Estate & Leasing
event
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.

Mr. Lupo and Ms. Cardon will discuss fashion industry trends including omnichannel services and licensing partnerships, as well as what's on the horizon for the Camuto Group.

Continue Reading →
Communications, Technology & Mobile, E-Commerce, Online Distribution & Fulfillment
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?

Continue Reading →
International Corporate, Importation & Immigration
alert
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.
 
Importers will want to work with their customs brokers to ensure that procedures are in place for proper electronic filing of import/entry information. The revised timelines allow for more time for the mandatory transition to the new ACE system (from the older ACS system).
 
Responding to industry concern, on February 8, 2016, CBP announced an “Updated ACE Transition Guidance” which may be found on CBP’s website by clicking here.
 

Continue Reading →
E-Commerce, Online Distribution & Fulfillment
alert
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.

What’s New?

The Consumer Financial Protection Bureau (CFPB) signaled in a compliance bulletin late last year that it is scrutinizing automatic recurring debit transactions to ensure that companies are obtaining proper consent from consumers. Such transactions are regulated by the Electronic Fund Transfer Act (EFTA) and its implementing regulation, Regulation E.

Continue Reading →

Pages

SUBSCRIBE

Add the Arent Fox Fashion Law blog to your RSS feed reader.

Arent Fox In Your Inbox
To subscribe to Arent Fox Alerts and other news, click here.

ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.