Retailers generally appreciate that their brands are among their most valuable assets. But it can be challenging for them to know how current trademark law will affect their selection, registration, and enforcement of those...more
7/10/2019
/ Brand ,
Business Development ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Bankruptcy ,
Corporate Branding ,
First Amendment ,
Intellectual Property Protection ,
Lanham Act ,
Licensing Rights ,
Marijuana ,
Marijuana Related Businesses ,
Personal Brands ,
Retail Market ,
Retailers ,
Scandalous/Immoral Marks ,
Trademark Registration ,
Trademarks
This year marks the first Christmas in modern memory without Toys "R" Us, Inc. The loss of the international toy seller leaves billions of dollars in toy sales up for grabs, and its slow and steady decline may serve as a...more
In February 2018, L.L. Bean made the tough decision to change its lifetime return policy, which had been in existence for over a century. Following the policy change, the company received backlash from its customers, with...more
For years, the signature requirement for completing a credit card transaction has felt something like an obsolete means of confirming a user’s identity. ...more
4/18/2018
/ Banking Sector ,
Biometric Information ,
Chip and PIN ,
Data Breach ,
Data Security ,
Debit and Credit Card Transactions ,
Fraud ,
Merchants ,
Point of Sale Terminals ,
Retail Market ,
Retailers ,
Technology
In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing...more
3/21/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Internet Retailers ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
As the 2017 holiday season nears, consumers are getting ready to open their wallets and retailers are hoping their promotions will attract those consumers. Generation Z (“Gen Z”), which includes young people born in the...more
Last year, scores of top fashion designers defied convention by abandoning traditional shipping schedules, which favored delivering collections four to six months after they appeared on Fashion Week runways, and moved instead...more
In light of the sea change in the current retail landscape, which was punctuated by the recent acquisition of Whole Foods by Amazon, retailers today are forced to ask themselves: How will we combat disruption in our industry...more
The Digital Millennium Copyright Act (DMCA) “safe harbor” provisions shield certain online service providers from copyright infringement liability arising from content posted by users on their website. Provided that the...more
Whether resulting from a planned cyberattack or mere carelessness, data breaches are on the rise. In 2015, 781 data breaches were reported across the United States, with the average breach costing $3.8 million. In 2016, the...more
12/1/2016
/ Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personally Identifiable Information ,
Retail Market ,
Retailers
The fashion industry is at a crossroads. Designers must decide whether to continue the age-old tradition of previewing their collections during Fashion Week four to six months before they are available in stores (with fall...more
In late June, members of the local and national retail community convened at Goulston & Storrs’ Boston office to participate in an interactive panel discussion billed as RETAIL 2020: Future Ready. Panelists included Ben...more
Have you thought about establishing a new distinctive web address for your business? Do you worry that someone else may try to register your brand name within one of the new generic top level domains (gTLDs)? Whether...more
5/19/2016
/ Corporate Branding ,
Domain Names ,
E-Commerce ,
gTLD ,
ICANN ,
Internet ,
Internet Retailers ,
Personal Brands ,
Retail Market ,
Retailers ,
Websites
With the increase in digital coverage of Fashion Week, from live streams to Snapchat stories and Instagram postings, designers have put what might be considered the most coveted and exclusive ticket in town directly in the...more
It’s hard to believe, but it’s that time again: MAPIC (le marché international professionnel de l’implantation commerciale et de la distribution) hosts its annual meeting and our retail practice will be there in full force....more
The retail industry has been evolving rapidly to keep up with new technology and consumer patterns. While the chief concern previously was about how traditional retailers could prevent the loss of market share to online...more
As brick-and-mortar retailers face increasing challenges to compete with their online counterparts, a new tool is helping to level the playing field: mobile location analytics. Traditionally, online retailers have had an...more
9/10/2015
/ Analytics ,
Code of Conduct ,
Data Collection ,
Do Not Track ,
Federal Trade Commission (FTC) ,
Mobile Devices ,
Online Platforms ,
Opt-Outs ,
Privacy Concerns ,
Retail Market ,
Retailers ,
Websites ,
Wifi ,
Wireless Devices ,
Wireless Technology
Are you confident that your business complies with federal anti-discrimination laws? If you offer goods or services to the public through the Internet, the answer may not be as simple as you think. Increasingly, lawsuits...more
6/25/2015
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Discrimination ,
Internet Retailers ,
Mobile Apps ,
Popular ,
Retailers ,
Website Accessibility ,
Websites ,
Young Lawyers
As residential high-rises pop up all over the city of Boston, big-name grocery retailers are sprouting nearby to meet the increased demand. The most recent example is the opening of a Roche Bros. supermarket in Downtown...more
The Halloween costume pop-up stores are gone, and they’re starting to be replaced by other seasonal attractions. Before long the snow will by flying, and shoppers will be ready to hit the stores before work, on their lunch...more
In previous blog posts, we have covered developments in showrooming, the consumer behavior of browsing brick-and-mortar stores to evaluate a product before purchasing it online. We warned traditional retailers of this threat...more