News & Analysis as of

Goods or Services Retailers

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Retail Brand

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Taking your retail brand to the next level and attracting an equity investment based on the value of your brand requires not only business acumen but strategies for brand protection. Protecting your trademarks by way of...more

Fish & Richardson

Trademark Application for French “Clothing” Unravels at the Federal Circuit

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The Court of Appeals for the Federal Circuit recently affirmed a denial by the U.S. Trademark Trial and Appeal Board (TTAB) of an application filed by fashion house Vetements Group AG for VETEMENTS for various articles of...more

Seyfarth Shaw LLP

I Don’t Wanna Grow Up, I’m a What Kind of Kid?  Toys R Us Takes on Vape R Us in Trademark Battle

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I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company...more

Jones Day

European Commission Proposes Further Prohibitions of Territorial Restrictions on Branded Products

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Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more

Gordon Rees Scully Mansukhani

First Sale Doctrine Limitations: Key Trademark Law Considerations for Businesses

Third-party infringers are finding new ways to sell unauthorized products and profit from doing so.  As one example, the third-party seller buys products in bulk from the product owner, receiving a cheaper rate due to bulk...more

K&L Gates LLP

UK's Specialist Competition Tribunal Issues Rare Guidance for Brands—Back to the Basics on Selective Distribution, Rpm and Online...

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Judgments providing actual guidance for consumer goods brands are like a good action film—rare, but totally worth the wait. The UK Competition Appeal Tribunal’s (the CAT) recent decision in Up and Running v Deckers1 is...more

Kilpatrick

5 Key Takeaways | State Sales Tax in 2024: What Every Retailer Needs to Know

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Kilpatrick’s David Hughes and Kylan Memminger recently led a session at the firm's Retail & Consumer Goods Summit. The presentation, “State Sales Tax in 2024: What Every Retailer Needs to Know,” highlighted current sales tax...more

DLA Piper

FTC Finalizes "Click-to-cancel" Rule: Top Points

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On October 16, 2024, the Federal Trade Commission (FTC) finalized significant updates to the Negative Option Rule. The amendments to the rule, now titled the “Rule Concerning Recurring Subscriptions and Other Negative Option...more

Troutman Pepper Locke

Virginia AG Reminds Suppliers: Price Gouging Laws in Effect Due to Wildfires

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On November 7, Virginia Attorney General (AG) Jason Miyares reminded suppliers that the current state of emergency caused by wildfires triggered Virginia’s anti-price gouging statutes, which prohibit businesses from raising...more

McGlinchey Stafford

NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries

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New laws and regulations are likely to be implemented in both New Jersey and New York in the very near future, which will greatly affect parties’ abilities to work with marijuana businesses. Regulating Parties that Deal with...more

Ballard Spahr LLP

Supply Chain Disruptions with Special Guest Chris Mills, CEO of Lion Brand Yarn

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This episode is part of our series “Supply Chain Disruptions,” in which we explore how supply chain issues are affecting businesses everywhere, and when the flow of goods and services may settle into a new normal. This...more

Morrison & Foerster LLP

There is a New Vertical Exemption on the Block

The European Commission published the new Vertical Block Exemption Regulation and related guidelines on May 10, 2022. The purpose of the block exemption is to generally exempt agreements between market players at different...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #307 – Credit Card Skimming Devices Found at Costco

Credit card skimming fraud continues to affect companies and their customers, causing businesses such as Costco to routinely inspect their PIN pads for the devices. ...more

Fisher Phillips

ADA Title III Lawsuits Find a New Target: Gift Cards

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Title III of the Americans with Disabilities Act, requiring equal access to places of public accommodation, has often been abused by plaintiffs and attorneys looking to turn any conceived minor violation of building standards...more

Womble Bond Dickinson

[Webinar] Accessibility Outside the Box - June 8th, 12:00 pm - 1:00 pm EDT

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Waves of recent Americans with Disabilities Act litigation have shone the spotlight on the accessibility of everything from websites to gift cards. This has led some businesses to think more creatively about how they can both...more

Robinson+Cole Data Privacy + Security Insider

Autonomous Bots as Personal Delivery Devices in Oklahoma

Governor Kevin Stitt signed a law in Oklahoma this week allowing small autonomous vehicles to operate on sidewalks and crosswalks (and on roadways in certain cases – maybe a pedestrian is in its path or there’s a hazard on...more

Littler

DOL Opens the Door for Staffing Firms to Exempt Workers from Overtime as “Retail or Service Establishments”

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On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i).  Prior to May...more

Jones Day

ACCC Brings Resale Price Maintenance Enforcement Action

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A new ACCC resale price maintenance case provides a timely reminder that manufacturers and suppliers must tread carefully with distribution arrangements related to price in Australia. The Australian Competition and...more

Proskauer - Minding Your Business

Price Gouging Laws Remain Even When Social Distancing Laws Have Ended

Florida Governor Ron DeSantis recently made headlines around the country by announcing that he was lifting physical distancing restrictions on restaurants and other businesses in Florida. The Governor’s order allows...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Provides Insight Into the FLSA’s ‘Retail or Service Establishment’ Exemption, Opening the Door for Broader Application

On August 31, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued four opinion letters, one of which, Opinion Letter FLSA2020-11, addressed whether certain employees in the oilfield services industry...more

Proskauer Rose LLP

Price Gouging Weekly Round Up - August 2020 #3

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends. ...more

Proskauer - Minding Your Business

What’s My Price? Price Gouging Enforcement, Bargaining Power and Stealth Price Increases

Businesses may be wondering whether there is increased risk of price gouging liability when they impose higher penalty terms, ask for higher up-front payments, raise rates, or otherwise seek terms that may be more burdensome....more

Proskauer Rose LLP

Price Gouging Weekly Round Up - June 2020 #3

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends. ...more

Proskauer - Minding Your Business

Q&A Follow-Up from “The Price is Right…or Is It? What Supply Chain Businesses Should Know” Webinar

On June 3, 2020, Proskauer’s Antitrust Group hosted a webinar on what supply chain businesses should know about price gouging laws and regulations, and, during and after the webinar, we fielded some thoughtful follow-up...more

Farella Braun + Martel LLP

What Retailers Need to Know About California’s Price-Gouging Laws

Pandemic-related price spikes in consumer goods have attracted the attention of both government enforcers and private plaintiff. In California, Attorney General Xavier Becerra has issued two admonitions against price gouging...more

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