Chanel recently opposed Simb DOO’s “5” mark, which Simb applied to register for use with cosmetics in the European Union.
Chanel argued that the marks were too similar and would cause confusion among cosmetic consumers....more
Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires...more
On December 5, 2023, the Second Circuit Court of Appeals issued a precedent-setting decision in favor of the prominent skateboarding footwear and apparel brand, Vans.
The decision centered on the satirical art collective...more
NS Brands Ltd. (NatureSweet) recently filed its third lawsuit against Mastronardi Product Ltd. and Mastronardi Product USA Inc. (Angel Sweet) in just over 10 years, alleging unfair competition and trademark and trade dress...more
Nike Inc. recently sued Japanese streetwear company, A Bathing Ape (BAPE), in the Southern District of New York, alleging that BAPE’s business model revolves around offering “near verbatim” copies of Nike’s iconic Air Force...more
After leading the nation in banning plastic bags, California recently enacted sweeping legislation that requires a reduction in the amount of plastic produced and used in the state. The law is the first of its kind. ...more
The Ohio State University has successfully obtained a trademark registration for the word “THE,” which has been the university’s moniker and rallying cry at sporting events for decades. The trademark registration covers...more
The Digital Millennium Copyright Act (the DMCA) governs the protection of copyrighted material in the digital environment. Among other things, the DMCA criminalizes circumvention of digital rights management tools that...more
On August 2, 2021, the Italian fashion brand Liu Jo filed a lawsuit in the Southern District of New York against model Kendall Jenner for $1.8 million, alleging that Jenner breached the terms of her modeling agreement by...more
A new class-action lawsuit alleges that packaging for Anheuser-Busch’s “Rita” beverage products deceives consumers by implying that the products contain wine or distilled spirits when in fact they are flavored malt beverage...more
According to the United Nations, 127 countries have passed regulations on single-use plastic bags in an effort to incentivize consumers to use reusable bags when shopping.
The scope of these regulations varies from country...more
10/20/2020
/ Africa ,
Asia ,
Australia ,
Austria ,
Belgium ,
Canada ,
Chile ,
Coronavirus/COVID-19 ,
Finland ,
France ,
Germany ,
Italy ,
Latin America ,
Netherlands ,
New Zealand ,
NY Supreme Court ,
Plastic Bag Bans ,
Spain ,
Sweden ,
United Nations
As online shopping picked up during the COVID-19 pandemic due to brick-and-mortar closures, so too have questions about liability for online marketplaces.
Traditionally, online marketplaces—e-commerce platforms that offer...more
The United States Patent and Trademark Office (USPTO) is offering prioritized examination for trademark and service mark applications covering goods and services that offer COVID-19 relief.
Historically, the USPTO examined...more
As government officials begin to discuss reopening the economy, apparel brands should think about what preventative measures need to be implemented prior to reopening their retail locations across the country. While these...more
5/4/2020
/ Compliance ,
Coronavirus/COVID-19 ,
Customers ,
Employment Policies ,
Fashion Industry ,
Logistics ,
Personal Protective Equipment ,
Privacy Policy ,
Re-Opening Guidelines ,
Social Distancing ,
Supply Chain
As the coronavirus continues to wreak havoc globally, long-term business implications are imminent for US companies.
The fashion and retail industries are specifically affected due to the volume of goods produced in China,...more
3/11/2020
/ Business Interruption ,
Coronavirus/COVID-19 ,
Fashion Industry ,
Goods or Services ,
Imports ,
Infectious Diseases ,
Internet Retailers ,
Manufacturers ,
Public Health ,
Retailers ,
Supply Chain
As the coronavirus continues to wreak havoc globally, long-term business implications are imminent for US companies -
The fashion and retail industries are specifically affected due to the volume of goods produced in...more
3/5/2020
/ Business Interruption ,
China ,
Coronavirus/COVID-19 ,
Delays ,
Dispute Resolution ,
Distributors ,
Force Majeure Clause ,
Infectious Diseases ,
Internet Retailers ,
Manufacturers ,
Suppliers ,
Supply Chain ,
Supply Contracts
Currently, CBP is empowered to seize counterfeit merchandise or packaging that violates those copyrights, trademarks, and trade names that have been previously recorded with CBP. The Bill would allow CBP to make similar...more
Bandai Namco has filed in the California District Court for a TRO (temporary restraining order) and a preliminary injunction against AtGames Holdings Ltd. to prevent the Taiwanese retro game maker from producing and selling...more
The Federal Trade Commission recently hosted a public workshop to explore whether to update the rule implementing the Children’s Online Privacy Protection Act (COPPA Rule) in light of evolving business practices in the online...more
11/7/2019
/ Actual or Constructive Knowledge ,
COPPA ,
Federal Trade Commission (FTC) ,
Online Advertisements ,
Online Platforms ,
Online Safety for Children ,
Parental Consent ,
Persistent Identifiers ,
Public Workshops ,
Safe Harbors ,
Social Networks
The Federal Trade Commission (FTC) recently filed a complaint against Match.com (Match) in the US District Court for the Northern District of Texas alleging that the dating website allowed fake accounts to lure consumers into...more
The Delaware Superior Court recently issued a final order against Overstock.com for violating Delaware’s Abandoned and Unclaimed Property Law and False Claims and Reporting Act by failing to report and remit nearly $3 million...more
Operators of a negative option scam recently settled FTC charges for offering “risk-free” trials and then charging full price for the trial product and enrolling consumers in a continuous subscription without obtaining...more
The FTC recently brought action against two companies for including non-disparagement provisions that bar or impose financial penalties on consumers for writing negative reviews in their form contracts, without a meaningful...more
7/23/2019
/ Apartments ,
Consumer Review Fairness Act (CRFA) ,
Contract Terms ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Non-Disparagement Provisions ,
Online Reviews ,
Penalties ,
Rental Property ,
Standard Form Contracts ,
Vacation Rentals ,
Void and Unenforceable