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Second Circuit Keeps a Close “Watch” on IP Owners Pursuing the Secondary Market 

The United States Court of Appeals for the Second Circuit recently affirmed a decision by the District Court for the Southern District of New York, finding that refurbished antique watches retaining an original manufacturer’s...more

$750K Wake Up Call: FTC Fines Mattress Manufacturer Over False Made in USA Claims

Mattress manufacturer, Resident Home LLC and its owner, Ran Reske, will pay $750,000 to settle Federal Trade Commission (FTC) charges over alleged misrepresentations that its mattresses were made from 100% USA-made materials...more

On Notice: FTC Threatens Significant Fines Against Advertisers Who Violate Endorsement and Testimonial Guidance

The U.S. Federal Trade Commission (FTC) on October 13, 2021, warned 700 major consumer products companies and national advertisers that any future violations of the FTC’s endorsement and testimonial guidance could result in...more

[Webinar] Explore the Multiverse with Theoretical Physicist Dr. Michio Kaku - November 10th, 12:00 pm - 1:15 pm EST

The renowned theoretical physicist Dr. Michio Kaku joins Fox Forum to discuss immortality, time travel, whether we are living in a simulation, string theory, when AI and the robots will take over, and the inventions that...more

Evel Knievel Trademark Stunt Falls Short: Disney’s Toy Story 4 Character Found Non-infringing

A federal district court judge recently dismissed infringement claims brought against Disney and Pixar over the daredevil character Duke Caboom featured in Toy Story 4. A year ago, Evel Knievel's son filed the case as head of...more

Court Holds that Influencers Can be Liable for Use of a Brand’s Infringing Trademark

A federal district court judge recently refused to dismiss a trademark infringement claim against an influencer engaged by Rodan & Fields to promote one of its new cosmetic products. Notably, the infringement claim targets...more

Fashion House Sues Kendall Jenner for Failing to Appear at a Photoshoot During the COVID-19 Pandemic

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

The Metaverse: Fashion’s New Frontier?

The fashion industry is known for taking creative risks, so it is understandable that the industry is taking its next steps—literally—out of this world. Big name labels and innovative fashion start-ups are setting their...more

Joke’s on Moore: Southern District of New York Rejects Defamation Suit Against Sacha Baron Cohen From Trick Appearance in Showtime...

Sacha Baron Cohen has once again demonstrated his ingenuity not just on television but also in the courtroom. Cohen prevailed in a $95 million lawsuit brought by Roy Moore, the disgraced former Chief Justice of the Alabama...more

Major Retailer Locks Horns with Texas Over “Discriminatory” Liquor Laws

In a lawsuit filed on June 29, 2021, in Texas state court, a major national retailer alleges that a Texas law restricting its retail locations from selling liquor to consumers violates the Texas Constitution. The retailer is...more

Augmented Reality Makeup Tools Serve as Foundation for BIPA Class Actions

BIPA, the frequently used basis for class action lawsuits in connection with facial recognition, fingerprint, and other technologies is once again serving as the basis for two recently filed suits. What to Know - Class...more

Instagram Embedded in Class Action Copyright Infringement Lawsuit

In May 2021, two photojournalists filed a class action lawsuit against Instagram, alleging that the social media giant allowed and encouraged third parties to ‘embed’ images shared to the platform in violation of copyright...more

Part Two: Christopher John Rogers on Pragmatic Glamour and Finding His Voice [Video]

In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Leader Anthony V. Lupo sits down with CFDA Award-winning and LVMH Prize semi-finalist Christopher John Rogers to discuss how COVID impacted his designs,...more

Part One: Christopher John Rogers on Pragmatic Glamour and Finding His Voice [Video]

In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Leader Anthony V. Lupo sits down with CFDA Award-winning and LVMH Prize semi-finalist Christopher John Rogers to discuss his background, how he became the...more

Replica Car Manufacturing Jumpstarted by NHTSA Rulemaking

The National Highway Traffic Safety Administration (NHTSA) implemented a new regulation permitting low-volume automobile manufacturers to construct and sell limited numbers of replica vehicles, subject to intellectual...more

[Webinar] Stanley Tucci on Food, Fame, and What Comes Next - May 18th, 12:00 pm - 1:00 pm EDT

The celebrated actor and star of the new CNN show “Stanley Tucci: Searching for Italy” talks about culture, cinema, and escapism in the time of COVID. Join Arent Fox for a one-hour virtual event with Stanley Tucci...more

Deal With the Devil: Nike and MSCHF Reach Settlement Over Lil Nas X ‘Satan Shoes’

After much media hype, Nike Inc. has settled a trademark dispute with the artist collective, MSCHF Product Studio, Inc., over claims that MSCHF deceived consumers into believing that Nike is affiliated with the collective’s...more

It’s Not Easy Being Green: Companies Need to Be Careful Making Sustainability and Green Claims Without Substantiation

In an attempt to align with their clients’ values, a growing number of businesses are selling products that are “ethically” sourced or “sustainable.” Both the US and the EU have started to monitor such claims and take...more

It’s Not Easy Being Green: Fashion Companies Need To Be Careful Making Sustainability and Green Claims Without Substantiation

In an attempt to align with their clients' values, fashion companies have tried to manufacture and produce clothing that is ethically made and sustainable. Both the US and the EU have started to monitor such claims and...more

Glue Manufacturing Company Caught in a Sticky Situation: $1.2M Fine for False “Made in USA” Product Labels

The Federal Trade Commission (FTC) issued a $1.2 million fine against glue manufacturing company, Chemence, Inc. for violating a 2016 consent order requiring the company to qualify its “Made in USA” claims in its promotional...more

Congress Establishes New Copyright Board to Resolve Small Claims and DMCA Disputes

Major changes to copyright law were shepherded in through the Consolidated Appropriations Act, the highly publicized pandemic relief bill passed on December 27, 2020. Amongst these changes was the enactment of the...more

The Worst Part of Waking Up is Getting Sued: Class Action Filed Against Folgers Coffee Co., Alleging False Advertising and...

Folgers Coffee Co., and its parent company, J.M. Smucker, were sued in federal court for allegedly inflating the number of servings contained in certain canisters of Folgers’ ground coffee. After doing the math, a consumer...more

New York Court Declares Embedded Instagram Post to be Fair Use, Further Splintering Treatment of Social Media Embeds

In March 2020, photographer Michael Barret Boesen filed suit against the owner of sports news website, LongIslandTennisMagazine.com claiming that the website infringed on his copyrights by embedding an Instagram post...more

Class Action Targeting ‘Recyclable’ Claims Used in Connection With Single-Serve Coffee Pods Moves Forward

In September 2018, a consumer filed a putative class action in California against Keurig Green Mountain, Inc. The consumer alleged that the company is participating in deceptive business practices by marketing,...more

[Webinar] Malcolm Gladwell and the New Normal After COVID-19 - January 27th, 9:00 am - 10:00 am PST

The celebrated journalist and best-selling author of Tipping Point, Outliers, and Talking to Strangers talks about life after COVID-19. Join Arent Fox for a one-hour virtual event with Malcolm Gladwell, including a Q&A with...more

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