Washington, DC — On December 14, 2012, a California district court granted summary judgment in favor of Lacoste and ruled that its policy of collecting customers’ personal identification information is in compliance with California law. Arent Fox LLP Intellectual Property partner Anthony V. Lupo led a team representing the French apparel company that included Commercial Litigation associate Leah C. Montesano. Matthew R. Orr and Scott R. Hatch from California-based Call & Jensen served as local counsel.
Two years ago, a class action alleging violations of the Song-Beverly Act was filed before the US District Court for the Eastern District of California against Devanlay, the worldwide licensee for the apparel brand that carries Lacoste’s iconic crocodile. The plaintiff alleged in Davis v. Devanlay Retail Group, Inc. that a Lacoste cashier requested her zip code during a credit card transaction in violation of the Act, which regulates how retailers can request personal information from consumers at the point of sale.
In granting summary judgment, the court extensively quoted Lacoste’s policy with approval. The court held that Lacoste’s policy of requesting personal identification information from consumers only after the retailer transaction is complete does not violate the Act. The court further ruled that if a Lacoste employee asked the plaintiff for personal information in violation of the Act, the employee would have been violating the policy and as a result, Lacoste would be shielded from liability based on the Act’s safe harbor provision. To read the summary judgment, click here.
A “Leading Lawyer” in Chambers USA, Mr. Lupo chairs the firm’s Fashion, Luxury Goods & Retail group and is widely recognized as one of the preeminent fashion law attorneys in the country, with a focus on advertising, promotions, and data protection. Mr. Lupo serves as general counsel for a number of high-end European fashion and luxury goods companies handling corporate, real estate, employment, class action, national and global distribution, fulfillment, and California-specific litigation (Prop 65, wage and hour, and false claims and unfair competition). His fashion and luxury goods clients include Lacoste, Diesel, Hugo Boss, Escada, Geox, Benetton, Sisley, Camper, DSquared, Just Cavalli, and Maison Martin Margiela.
Ms. Montesano focuses her practice on complex commercial and intellectual property litigation matters, particularly cases involving trademark, copyright, and fashion law. Her recent work includes representing a major fashion retailer in connection with claims of trademark infringement and defending a major television network in trademark opposition proceedings in the US Patent and Trademark Office.
