Fashion Counsel

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A US-based manufacturer was recently investigated by the Federal Trade Commission after improperly labeling country-of-origin information that violated the Textile Products Identification Act and Textile Rules.
The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns.
Retailers that issue gift cards should be aware of a recent wave of class action lawsuits filed under the Americans with Disabilities Act (ADA) at the end of October.
In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Arent Fox Government Enforcement & White Collar Co-Practice Leader Scott Peeler discuss how to guard against FCPA violations.
Last week, a California federal jury concluded that the maker of 5-Hour Energy Drink did not violate federal antitrust law by selling the energy shots to Costco for less than the price charged to its family-owned rivals.
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 purchasing subscriptions.
On October 7, 2019, United States Supreme Court declined to hear an appeal of a decision by the Ninth Circuit presenting a question of significant importance to business owners engaged in ecommerce.
The US Federal Trade Commission is considering changes to the rules governing negative option offers, including automatic renewals. A “negative option” is an offer for goods or services in which a consumer’s inaction constitutes acceptance of an offer. 
The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores.
In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Master Perfumer and CEO of DreamAir Christophe Laudamiel discuss how to find your signature scent, how a scent is made, and what notes don’t mix well together.
Despite a recent setback, a right of publicity lawsuit filed by the actress Brooke Shields against a cosmetics company and several major retailers will proceed in California state court.
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 in abandoned gift card balances to Delaware’s revenue agency.
AM General, LLC, owner of the intellectual property associated with the HUMVEE all-terrain military vehicle, has sued popular game maker Activision Blizzard, Inc. over the inclusion of HUMVEE intellectual property in the CALL OF DUTY video game and related collateral.
Fashion companies are struggling with a new paradigm. Storefront traffic is down. Real estate costs are up. And consumers are foregoing malls to shop online. Fashion & Retail Practice Leader Anthony Lupo and Kimco Realty CEO Conor Flynn discuss the future of retail in this video interview.
New York Governor Andrew Cuomo recently signed a new bill into law that will require all retail stores to stop providing plastic bags to customers at check-out. This is part of the growing movement for consumers to use reusable bags when shopping.
The FTC recently filed claims against Douglas Monahan for operating four crowdfunding schemes in which consumers were told their contributions were going towards the development of high-tech backpacks and bags.
The Federal Trade Commission (FTC) is showing no signs of backing off its aggressive enforcement of online negative option offers after filing a federal lawsuit against eight commonly-controlled companies that sell skin care products.
Fashion accessory and luxury goods importers of fine jewelry and costume jewelry containing gemstones and/or precious metals (e.g., gold), should be aware of a current proposal being considered by State Department officials.
It’s been 10 months since the California Consumer Privacy Act of 2018 (CCPA) was signed into law, and the retail sector is grappling with ways to comply. The law goes into effect January 1, 2020, but the time to prepare is now.
There’s no debate that online shopping offers time saving and convenience, which has diminished the need for physical stores.
A recently dismissed class action is a good reminder to companies that any changes to return, exchange, or warranty policies cannot be retroactively applied to purchases made before the policy changes are implemented.
New York-based company Cure Encapsulations, Inc. and its owner Naftula Jacobowitz, settled Federal Trade Commission charges that the company paid a third-party website to write and post fake reviews for a weight-loss supplement on an independent retail website and made false and unsubstantiated clai
Kim Kardashian West has filed suit against Missguided USA Finance Inc. and Missguided Limited, in the US district court for the Central District of California, alleging right of publicity violations and trademark infringement.
In this video episode of Fashion Counsel, Arent Fox Partner Anthony Lupo and Master Perfumer and CEO of DreamAir Christophe Laudamiel discuss olfactory audits, replicating scents of people and places, and natural notes versus synthetic notes.
The European Union has agreed to new rules that will require online platforms, such as Google and YouTube, to compensate creators for the online dissemination of their copyrighted works.