The Department of Homeland Security (DHS) blocked imports of cotton products from a major Chinese state-owned firm in the Xinjiang Uighur Autonomous Region (XUAR) on December 2, saying the company uses forced labor of ethnic...more
The Bank of China and four other Chinese banks (the Banks) are urging the Second Circuit to reject a requested $150 million contempt sanction for allegedly perpetuating the sale of counterfeit Nike and Converse products by...more
The Southern District of New York recently ruled against fashion designer, Elie Tahari, Ltd. (Tahari), in a copyright lawsuit over Tahari’s unauthorized post of an image to social media.
Iantosca v. Elie Tahari Ltd., No....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
On September 14, 2020, the Department of Homeland Security (DHS) through Customs and Border Protection (CBP) issued new withhold release orders (WRO) aimed at entities involved in the importation, downstream manufacturing,...more
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
There is a risk that garments made from cotton produced by XPCC could be subject to a Customs and Border Protection withhold release orders.
Fashion and luxury goods companies need to be concerned about the recent...more
8/26/2020
/ China ,
Customs and Border Protection ,
Economic Sanctions ,
Entity List ,
Exports ,
Forced Labor ,
Imports ,
Retailers ,
Supply Chain ,
U.S. Commerce Department ,
U.S. Treasury
After nearly nine years of litigation, Burlington Coat Factory agreed to pay $19.6 million to end a collective action and a putative class action alleging claims for misclassification and unpaid overtime wages.
The cases...more
Earlier this month, the Supreme Court unanimously sided with fashion brand Lucky Brand Dungarees, Inc. (LB) resolving its decades-old dispute with Marcel Fashion Group, Inc. (Marcel).
The victory came on technical...more
The Seventh Circuit recently resolved a false advertising lawsuit involving beer giants Anheuser-Busch, the maker of Bud Light, and Molson Coors, which makes Miller Light and Coors Light. At the center of the dispute – one of...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
Is a plaintiff in a trademark infringement suit required to show that a defendant willfully infringed the plaintiff’s trademark as a precondition to an award of defendant’s profits?
This is an important, age-old, yes-or-no...more
4/30/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
During a time of financial uncertainty and fear for public health, many companies are stepping up to donate time and funds to industries and workers who are on the font-lines. But as clothing brand Draper James recently...more
The BBB National Programs’ National Advertising Division (NAD) announced April 2, 2020, that it has launched a new fast-track challenge process called the Fast-Track SWIFT (short of Single Well-Defined Issue Fast Track)...more
The Supreme Court has stricken a federal statute that abrogated a State’s immunity from copyright infringement lawsuits. The Copyright Remedy Clarification Act of 1990 (CRCA) provided that States “shall not be immune, under...more
4/7/2020
/ Abrogation ,
Authors ,
Congressional Intent ,
Copyright ,
Copyright Infringement ,
Copyright Ownership ,
Copyright Remedy Clarification Act ,
Eleventh Amendment ,
Fourteenth Amendment ,
SCOTUS ,
Sovereign Immunity ,
State and Local Government
On March 17, 2020, Secretary Alex Azar of the Department of Health and Human Services (HHS) issued a Declaration, see 85 Fed. Reg. 15198, invoking the products liability immunity protections within the Public Readiness and...more
The COVID-19 pandemic has led to widespread reports of price gouging on hand sanitizer, protective masks, gloves, and other essential supplies.
Such excessive or unconscionable price increases are illegal under state price...more
Important information for brand protection, including recent Arent Fox News on advertising and marketing issues, as well as headlines that matter for privacy and data security.
FTC Investigates Financial Products Review Site...more
3/13/2020
/ Advertising ,
Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Consumer Financial Products ,
Data Breach ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FTC Endorsement Guidelines ,
Information Commissioner's Office (ICO) ,
NARB ,
NIST ,
Personal Data ,
Popular
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
The case is instructive because these fees must be a “condition of sale” to be dutiable. Therefore, it is critical for importers to review the specific circumstances of their import transactions before including or excluding...more
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
If enacted, the law would amend the Federal Food, Drug, and Cosmetic Act (FDCA) to require cosmetic products labeled as “natural” to contain at least 70 percent natural substances, (excluding water and salt) and be made...more
Right to repair laws have come in and out of the public eye over the last decade. While many of the earliest laws covered only specific industries, such as the automotive and farm equipment industries, many states are looking...more
11/27/2019
/ Cell Phones ,
Diagnostic Tests ,
Electronic Devices ,
Electronics ,
Federal Trade Commission (FTC) ,
Laptop Computers ,
Legislative Agendas ,
Magnuson-Moss Act ,
Manufacturers ,
Proposed Legislation ,
Right to Repair ,
State Legislatures ,
Summary of Consumer Rights ,
Television ,
Third-Party Service Provider ,
Video Games ,
Warranties
FBI Issues Updated Ransomware Guidance -
A recent report from New Zealand-based cybersecurity firm Emsisoft has revealed the extent to which ransomware is being used in cyberattacks in the United States. The first 9 months...more
11/21/2019
/ Advertising to Minors ,
Bilateral Agreements ,
California Consumer Privacy Act (CCPA) ,
China ,
CLOUD Act ,
Comment Period ,
COPPA ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Protection Authority ,
EU ,
False Advertising ,
FBI ,
Federal Trade Commission (FTC) ,
Germany ,
Guidance Update ,
Influencers ,
Personal Information ,
Popular ,
Privacy Laws ,
Proposed Regulation ,
Ransomware ,
Social Media ,
Social Networks ,
State Attorneys General ,
State Data Privacy Laws ,
UK ,
Unfair or Deceptive Trade Practices