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Airbnb Slashes Boston Inventory to Meet New Requirements

The number of Airbnb listings in Boston has been cut in half due to local ordinances regulating the operation of short-term rentals. Boston is not the only city pushing back on Airbnb, a company that is battling local city...more

The Nightmare Before Christmas? Gift Card Litigation Arrives for the Holidays

It is a little-known fact that, in 1994, Blockbuster video was the first store to display pre-paid gift cards for sale. Unlike VHS rentals, the gift card industry has only grown in popularity. Gift cards from major retailers...more

Stay in the Know: Recent Developments in Trademark Law

Retailers generally appreciate that their brands are among their most valuable assets. But it can be challenging for them to know how current trademark law will affect their selection, registration, and enforcement of those...more

U.S. Attorney Required for Foreign Trademark Applicants and Registrants, Beginning August 3, 2019

Yesterday, the U.S. Patent and Trademark Office (USPTO) announced that, beginning August 3, 2019, an applicant, registrant, or party to a trademark proceeding whose domicile is not located within the United States or its...more

A Hometown Affair: Boston Hosts INTA 2019 Annual Meeting

Last week, members of the Goulston & Storrs intellectual property practice group joined over 11,000 attendees from around the world for the 141st Annual Meeting of the International Trademark Association(INTA)....more

Bag Bans: The War on Plastic Bags

Grocery shoppers used to make the final decision of their supermarket trip in the checkout line. Reaching for boxes of cereal, cartons of eggs, and jars of jam in their rolling metal carts, placing those items onto...more

New Payment Structures for a New Age

We’ve written about changes in the way goods are bought and sold, from brick-and-mortar to e-commerce. But what about how goods are being paid for? ...more

Not Just Fun and Games: The Demise of Toys “R” Us, Inc. and the Changing Face of Retail

This year marks the first Christmas in modern memory without Toys "R" Us, Inc. The loss of the international toy seller leaves billions of dollars in toy sales up for grabs, and its slow and steady decline may serve as a...more

Year-End Trademark Audits Ensure Complete Brand Protection

With the end of the year approaching and the holiday shopping season in full swing, now is an ideal time for brand owners to audit their trademark portfolios. ...more

Social Media Policies: Protection for “Water Cooler” Discussions in the Digital Age

As discussed in an earlier blog post, conflict between retail employers and their employees over the use of social media platforms such as Facebook and Twitter is increasingly common....more

Counterfeits in the Digital Marketplace

Counterfeiting has moved beyond high-priced luxury goods to low-cost everyday items. Many of these fake products pose real dangers: face masks with arsenic; phone adapters that can electrocute you; computer chargers that fry...more

One Wild Ride: The Rise of Dockless Bike Share Programs

Bike shares have been around for several years, but the newest iteration of the two-wheeled trend is causing concern among local government officials and citizens alike. Beyond questions of profitability and durability,...more

A World of Trademarks at INTA 2018 Annual Meeting in Seattle

During the week of May 20, 2018, members of the Goulston & Storrs Intellectual Property Group joined over 10,500 attendees from around the world for the 140th Annual Meeting of the International Trademark Association (INTA). ...more

No More Lifetime Guarantees – The Importance of a Balanced Return Policy

In February 2018, L.L. Bean made the tough decision to change its lifetime return policy, which had been in existence for over a century. Following the policy change, the company received backlash from its customers, with...more

Credit Card Evolution: Goodbye John Hancock

For years, the signature requirement for completing a credit card transaction has felt something like an obsolete means of confirming a user’s identity. ...more

No Relief in Sight from Website Accessibility Lawsuits

In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing...more

Rise of the Drones: Flying Over Newton and Registration Requirements Reinstated

The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles. This is also great news for retailers, as drone popularity continues to soar with overall electronics...more

Looking Inside the Mind of a Gen Z Shopper

As the 2017 holiday season nears, consumers are getting ready to open their wallets and retailers are hoping their promotions will attract those consumers. Generation Z (“Gen Z”), which includes young people born in the...more

The FTC Won’t Let Me Be: Warnings and Enforcement Actions Targeting Social Media Influencers

According to recent Nielsen ratings, the most watched TV shows and live TV events top off at around 20 million viewers. In contrast, the most popular personalities on various social media platforms have well over 100 million...more

America’s Next Top (Business) Model? Evaluating Fashion’s Big Experiment

Last year, scores of top fashion designers defied convention by abandoning traditional shipping schedules, which favored delivering collections four to six months after they appeared on Fashion Week runways, and moved instead...more

Is Artificial Intelligence the Key to Retail Survival?

In light of the sea change in the current retail landscape, which was punctuated by the recent acquisition of Whole Foods by Amazon, retailers today are forced to ask themselves: How will we combat disruption in our industry...more

Class Action Lawsuits on the Rise under New Jersey’s Consumer Protection Laws – Which Retailers Will Be Targeted Next?

Does your retail business conduct sales online? For most retailers today, the answer is likely yes. This means that the recent surge of class action lawsuits against merchants arising out of a consumer protection law in New...more

Supreme Court Says ‘Give Me a ©’ to the Fashion Industry

A recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica,...more

Copyright Compliance: (Re-)Register Your DMCA Agent in 2017 to Keep Your Website Docked in the Safe Harbor

The Digital Millennium Copyright Act (DMCA) “safe harbor” provisions shield certain online service providers from copyright infringement liability arising from content posted by users on their website. Provided that the...more

FTC Publishes Data Breach Response Guidelines

Whether resulting from a planned cyberattack or mere carelessness, data breaches are on the rise. In 2015, 781 data breaches were reported across the United States, with the average breach costing $3.8 million. In 2016, the...more

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