On February 22, 2023, the United States District Court for the Southern District of New York, in a 64-page opinion, denied a motion to dismiss filed by Dapper Labs, Inc., the developer behind the NBA Top Shot NFT platform,...more
Nike Inc. recently sued Japanese streetwear company, A Bathing Ape (BAPE), in the Southern District of New York, alleging that BAPE’s business model revolves around offering “near verbatim” copies of Nike’s iconic Air Force...more
With the US Copyright Office (USCO) continuing their stance that protection only extends to human authorship, what will this mean for artificial intelligence (AI)-generated works — and artists — in the future?
Almost...more
With the start of the new year, the ArentFox Schiff Metaverse Industry team reviews 10 of the most pressing legal issues for companies in 2023....more
1/31/2023
/ Blockchain ,
CFTC ,
Class Action ,
Compliance ,
Customer-Loyalty Programs ,
Data Privacy ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
DMCA ,
Enforcement ,
Federal Trade Commission (FTC) ,
ICANN ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Professional Development ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
In today's episode of Fashion Counsel, AFS Chairman Anthony Lupo is joined by Brian Schneider to discuss how brands can find the balance between risk and control over downstream pricing by wholesalers and retailers, while...more
In today's episode of Fashion Counsel, AFS Chairman Anthony Lupo is joined by Brian Schneider to discuss how brands can find the balance between risk and control over downstream pricing by wholesalers and retailers, while...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
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
Between consumer demand for more transparency and anticipated 2023 privacy laws, companies may be vulnerable to class action lawsuits. Anthony V. Lupo invites Privacy, Cybersecurity, and Data Protection Partner Eva J. Pulliam...more
10/5/2022
/ Adtech ,
Bots ,
Class Action ,
Consumer Privacy Rights ,
Cookies ,
Data Privacy ,
Fashion Industry ,
Internet Retailers ,
Metaverse ,
Online Advertisements ,
Privacy Laws ,
Privacy Policy
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
TMR, LLC conceived of and ran the day-to-day business operations for the Chenoa Fund, a mortgage financing business implemented and operated by CBC Mortgage Agency, Inc. Despite this, the Trademark Trial and Appeal Board...more
After leading the nation in banning plastic bags, California recently enacted sweeping legislation that requires a reduction in the amount of plastic produced and used in the state. The law is the first of its kind. ...more
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
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
An interview with Anthony Lupo, Chair of Arent Fox by Richard Hsu...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
In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Leader Anthony Lupo speaks with Consumer Products and Fashion & Retail Partner Angela Santos to discuss how companies can reduce import duties and prevent...more
Fashion brand Thom Browne has taken its trademark battle with Adidas overseas, urging a London court to cancel more than 20 of Adidas’s U.K. trademarks for its three-stripe design. This suit is part of an ongoing dispute...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
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