A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied...more
The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness. However, the best...more
Four days after FTX, once the world’s third-largest crypto exchange, filed for voluntary Chapter 11 bankruptcy, former FTX investors filed a class action against 11 athletes and celebrities who promoted FTX in advertisements...more
The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes...more
The crypto winter is starting to look more like a crypto ice age. In addition to hundreds of billions of dollars in lost market value, the crypto industry has seen major industry players seek protection in bankruptcy court,...more
On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled...more
In this Fashion Counsel video, Anthony Lupo and Dan Jasnow break down what e-commerce will look like as the metaverse continues to evolve.
NFTs are only just a small piece of the puzzle as companies strive toward merging the...more
The US Securities and Exchange Commission (SEC) has filed an enforcement action against crypto influencer Ian Balina in the Western District of Texas alleging that he promoted unregistered securities in connection with the...more
10/13/2022
/ Bitcoin ,
Blockchain ,
Civil Monetary Penalty ,
Corporate Counsel ,
Cryptoassets ,
Digital Assets ,
Ethereum ,
Initial Coin Offering (ICOs) ,
Initial Public Offering (IPO) ,
Jurisdiction ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities ,
Securities and Exchange Commission (SEC)
The Biden Administration, after ordering a series of reports on the risks and potential benefits of cryptocurrency and digital assets in its March 9, 2022, Executive Order (EO), has now published the “Comprehensive Framework...more
9/30/2022
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Biden Administration ,
Blockchain ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Corporate Counsel ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Enforcement ,
Executive Orders ,
Fraud ,
Investor Protection ,
New Regulations ,
Proposed Legislation ,
Regulatory Agenda ,
Risk Assessment
The Federal Trade Commission (FTC) recently cracked down on Lithionics Battery, LLC, and Lions Not Sheep Products, LLC, for violating the FTC’s Made in USA Labeling Rule. These are some of the first enforcement actions after...more
On May 13, 2022, a Singaporean man won a worldwide injunction prohibiting the transfer of ownership of a Non-Fungible Token (NFT) at the center of a dispute between him and an online persona with the screen name of...more
Buying a car has evolved from the days of brick and mortar dealerships to e-commerce, where consumers can select their preferred dealer, reserve, order, finance, and purchase a new or used vehicle in a seamless transaction....more
7/6/2022
/ Augmented Reality ,
Blockchain ,
Class Action ,
Cryptocurrency ,
Cybersecurity ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Intellectual Property Protection ,
IRS ,
Metaverse ,
Popular ,
Truth in Lending Act (TILA) ,
Virtual Reality
What do comedian Kevin Hart, model Kendall Jenner, rapper Snoop Dogg, actor Dwayne “The Rock”, Johnson and CNBC’s “Mad Money” host Jim Cramer have in common? They all have inked deals recently to promote alcohol beverage...more
The metaverse is widely regarded as the next frontier in digital commerce, with businesses across industries spending millions of dollars buying digital real estate and investing in platforms to be market leaders. Alcohol...more
4/29/2022
/ Advertising ,
Compliance ,
E-Commerce ,
Enforcement ,
Labeling ,
Licensing Rules ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Sponsorship Agreements ,
Underage Drinking ,
Wine & Alcohol
Many brands have taken steps to proactively protect their intellectual property rights for use in connection with metaverse-related goods and services. This may include filing new trademark registrations or purchasing...more
Non-Fungible Trademark Infringement or Nominative Fair Use Token? Nike -v- StockX Duel Is on Pace To Shape the Future of the Metaverse
Nike, Inc. has filed a federal complaint against StockX, LLC, an online resale...more
Environmentally responsible fashion has become a key marketing signal for many global brands, with advertising claims such as “sustainable,” “responsibly sourced,” “organic,” and “recycled” cropping up throughout the fashion...more
In a first-of-its-kind case, the Federal Trade Commission required Fashion Nova to pay $4.2 Million for blocking negative customer reviews in violation of the FTC Act. Shortly after, the agency released new guidance for...more
With growing consumer shift toward "sustainable" products, retail companies must ensure that claims of sustainability can be substantiated while planning ahead for anticipated changes to the Federal Trade Commission's Green...more
The New York State Fashion Sustainability and Social Accountability Act (S7428/ A8352) (Fashion Act) would require fashion retailers and manufacturers doing business in New York State to comply with stringent supply chain...more
The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of...more
11/19/2021
/ Attorney's Fees ,
California ,
Civil Monetary Penalty ,
Class Action ,
False Advertising ,
Injunctive Relief ,
Refunds ,
Restitution ,
Settlement Agreements ,
Shipping ,
Unfair Competition
Many of us are familiar with the triangular “chasing arrows” recycling symbol that can be found on products and packaging. Consumers may believe they are doing their part for the environment when purchasing items with the...more
Trade associations and other cooperatives should heed the warning implied by the US Department of Justice’s aggressive stance in a recent court filing
Trade associations and other cooperatives should heed the warning...more
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
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