Fashion, Retail and Consumer Products

55 Search Results

Second Circuit Issues Important Ruling on Trademark Settlements and Antitrust/IP Interface

On June 11, 2021, the Second Circuit issued its decision in 1-800 Contacts, Inc. v. FTC, an appeal of an administrative litigation brought by the Federal Trade Commission against 1-800 Contacts.  The decision—which rejected the FTC’s claim that several trademark settlements by 1-800 Contacts violated the antitrust laws —found that the trademark settlement agreements at issue were “typical” and procompetitive, and provides crucial guidance for parties considering settling trademark disputes.

Client Alert | June 14, 2021

How Trade Dress Law Has Evolved During COVID

Washington, D.C. partner Howard Hogan and New York associate Laura Mumm are the authors of "How Trade Dress Law Has Evolved During COVID," [PDF] published by Law360 on June 11, 2021.

Article | June 14, 2021

COVID-19 Relief Bill Creates New Small Claims Copyright Board, Stronger Criminal Penalties for Illicit Streaming

On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill, which incorporated the Copyright Alternative in Small-Claims Enforcement Act of 2020. Known as the CASE Act, it contains various revisions to the Copyright Act, 17 U.S.C. §§ 101 et seq., with the goal of creating a new avenue for copyright owners to enforce their rights without having to file a lawsuit in federal court.

Client Alert | December 28, 2020

New Law Creates Procedural Tools to Challenge Fraudulent Trademark Filings and Formalizes Presumption of Irreparable Injury for Trademark Violations

On December 22, 2020, Congress passed the content of a pending bill, H.R. 6196, the “Trademark Modernization Act of 2020,” as part of its year-end virus relief and spending package. Among other things, the Act seeks to create more efficient processes to challenge registrations that are not being used in commerce, including by establishing new ex parte proceedings. The Act also seeks to unify the standard for irreparable harm with respect to injunctions in trademark cases, in light of inconsistencies that have emerged across federal courts after the Supreme Court’s decision in eBay v. MercExchange, LLC, 547 U.S. 388 (2006).

Client Alert | December 22, 2020

Should the Law Treat Profit Awards Differently in Trademark Infringement and Dilution Cases?

Washington, D.C. partner Howard Hogan and New York associates Connor Sullivan and Sheri Pan are the authors of "Should the Law Treat Profit Awards Differently in Trademark Infringement and Dilution Cases?" [PDF] published by The National Law Journal on June 26, 2020.

Publications | July 1, 2020

Navigating TM Profits Remedy After High Court Decision

Washington, D.C. partner Howard Hogan, Los Angeles partner Ilissa Samplin and Washington, D.C. associate Megan McGlynn are the authors of "Navigating TM Profits Remedy After High Court Decision," [PDF] published by Law360 on May 27, 2020.

Publications | May 28, 2020

Supreme Court Holds That A Federal Ban on “Immoral or Scandalous” Trademarks Violates the First Amendment

On June 24, 2019, the Supreme Court held 6-3 that the Lanham Act’s prohibition on the registration of “Immoral or Scandalous” trademarks infringes the First Amendment.

Client Alert | June 24, 2019

Gibson Dunn Earns 79 Top-Tier Rankings in Chambers USA 2019

In its 2019 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 79 first-tier rankings, of which 27 were firm practice group rankings and 52 were individual lawyer rankings.

Firm News | April 25, 2019

SEC Warns Public Companies on Cyber-Fraud Controls

On October 16, 2018, the Securities and Exchange Commission issued a report warning public companies about the importance of internal controls to prevent cyber fraud.  The report described the SEC Division of Enforcement's investigation of multiple public companies which had collectively lost nearly $100 million in a range of cyber-scams typically involving phony emails requesting payments to vendors or corporate executives.

Client Alert | October 17, 2018

Supreme Court Finds Failure to Prove a Sherman Act Section 1 Violation in Credit Card Market

On June 25, 2018, the Supreme Court of the United States assuaged the concerns of many that antitrust enforcement would hobble new and creative ways of conducting business, particularly businesses that have relied on technology to bring consumers and sellers together by offering a "platform" that creates a highly convenient way for them to interact and consummate sales.

Client Alert | July 5, 2018

WTR1000 Recognizes Gibson Dunn’s Trademark Work

The 2018 edition of the World Trademark Review 1000 recognized Gibson Dunn’s work in the area of trademarks, noting that the firm “deftly serves global brand leaders and makes light work of even the most complicated suits.” Washington, D.C. partner Howard Hogan is also recognized as “a leader in helping to shape policy initiatives that benefit trademark practice in the United States and elsewhere.” The WTR 1000, published January 2018, recommends individual practitioners and their firms exclusively in the trademark field, and identifies the leading players in 70 key jurisdictions globally.

Firm News | January 1, 2018

The Beginning of the End, or the End of the Beginning? The General Court’s Ruling in the Coty Case

On 6 December 2017, the European Court of Justice (the "ECJ"), delivered a landmark Judgment in the Coty Case, issuing a Preliminary Ruling in response to a series of questions posed by the Higher Regional Court of Frankfurt am Main in Germany.

Client Alert | December 18, 2017

Supreme Court Strikes Down Ban on Registration of Disparaging Trademarks on First Amendment Grounds

On June 19, 2017, the Supreme Court unanimously held in Matal v. Tam that a decades-old statute prohibiting the registration of disparaging trademarks violates the First Amendment to the U.S.

Client Alert | June 21, 2017

Supreme Court Establishes National Test to Determine When an Artistic Element of a Useful Item Is Protectable Under the Copyright Act

On March 22, 2017, the Supreme Court issued its decision in Star Athletica v. Varsity Brands, holding that design features incorporated into clothing and other useful articles are copyright eligible under Section 101 of the Copyright Act, 17 U.S.C.

Client Alert | March 31, 2017

Corporate Social Responsibility Statements – Recent Litigation and Avoiding Pitfalls

Over the past few years, interest in corporate social responsibility ("CSR") has increased significantly. The spotlight on CSR has led companies to expand and strengthen their CSR efforts.

Client Alert | March 9, 2017

E-Textiles: Regulating The Future Of Fashion

​New York partner Lois Herzeca is the author of "E-Textiles: Regulating The Future Of Fashion" [PDF] published on August 25, 2016 by Law360.

Article | August 25, 2016

Drone Privacy: Voluntary Best Practices Released by Multi-Stakeholder Group

​Los Angeles of counsel Eric D. Vandevelde and Orange County associate Jared Greenberg are the authors of "Drone Privacy: Voluntary Best Practices Released by Multi-Stakeholder Group" [PDF] published in the June 13, 2016 issue of the Privacy and Security Law Report.

Article | June 13, 2016

Follow the Money

Washington, D.C. partner Howard Hogan, ​New York partner Robert Weigel and associate Anne Coyle are the authors of "Follow the Money" [PDF] published in the April/May 2016 issue of World Trademark Review.

Article | April 29, 2016

FTC Enforcement Targets Native Advertising

The use of native advertising--paid advertising that is integrated into the media in which it appears--is exploding. Native advertisements commonly appear online, but can be found in almost any form of communication, including radio, television, and print, among other media.

Client Alert | March 30, 2016

Webcast – From Distressed to Dressed: Overcoming the Challenges and Realizing Opportunities for Fashion, Retail, and Consumer Businesses

​Fashion and retail companies face significant challenges in the current financial climate. With the decline of brick and mortar stores and shopping malls, fashion retailers must invest in on-line and social media strategies.

Webcasts | December 9, 2015

U.S. CFPB Announces Rulemaking To Curtail Use Of Arbitration Agreements That Bar Class Actions In Consumer Financial Contracts

​On October 7, 2015, the United States Consumer Financial Protection Bureau announced that it is "launch[ing] a rulemaking process" that is intended to impede the use of "pre-dispute arbitration agreements for consumer financial products and services." The proposal currently under consideration by the Bureau would (1) "prohibit companies from blocking group lawsuits through the use of arbitration clauses in their contracts;" and (2) "require companies to send to the Bureau all filings made by or against them in consumer financial arbitration disputes" and any resulting decisions, "which might be made public."

Client Alert | October 13, 2015

IP Suit Over Katy Perry Dress Faces Big Hurdles

​Washington D.C. partner Howard S. Hogan and associates Ashley S. Boizelle and Naomi Takagi are the authors of "IP Suit Over Katy Perry Dress Faces Big Hurdles" [PDF] published on August 14, 2015 by Law360

Article | August 14, 2015

A Practical Guide to the Use of the Commissioned Public Report as an Effective Crisis-Management Tool

Washington, D.C. partner F. Joseph Warin and associates Oleh Vretsona and Lora MacDonald are the authors of "A Practical Guide to the Use of the Commissioned Public Report as an Effective Crisis-Management Tool" [PDF] published in the Notre Dame Journal of Law, Ethics & Public Policy, Volume 29, Issue 1.

Article | June 12, 2015

Lynch Provides ‘Beast Mode’ Seminar on use of Trademarks

Washington, D.C. partner and Co-Chair of the Fashion, Retail and Consumer Products Practice Group, Howard Hogan and Washington, D.C. associate Alexander Mooney are the authors of "Lynch provides a 'Beast Mode' seminar on use of trademarks" [PDF] published in the Sports Business Journal on April 27, 2015.

Client Alert | April 27, 2015

U.S. Supreme Court Endorses Use of Issue Preclusion to Prevent Court Litigation of Issues Tried Before Administrative Trademark Board

On March 24, 2015, a divided Supreme Court (7-2) reversed the Eighth Circuit's determination that the defendant in an infringement action could relitigate a finding by the Patent and Trademark Office's Trademark Trial and Appeal Board ("TTAB") that the defendant's mark was confusingly similar to the plaintiff's.

Client Alert | March 26, 2015

Cybersecurity and Data Privacy Outlook and Review: 2015

Concerns about cybersecurity and data privacy have exploded into the public consciousness in recent years, accompanied by a host of new and rapidly developing legal issues.

Client Alert | February 17, 2015

New FTC Report Sets Out Principles Likely to Influence Regulation of the “Internet of Things”

On January 27, 2015, the Federal Trade Commission ("FTC") released a report on the "Internet of Things" ("IoT"), which refers to everyday objects that are connected to the Internet and send and receive data.

Client Alert | February 5, 2015

Federal Circuit Restates Test to Evaluate Trademarks That Use Geographic Terms

On January 15, 2015, the Federal Circuit addressed--for the first time in nearly thirty years--the standards that govern the question of whether the U.S.

Client Alert | February 4, 2015

Ninth Circuit Decision Reaffirms New Paradigm on Interplay Between First Sale, Import Rights Under the Copyright Act, Suggests Continuing Viability of Copyright Misuse Defense

On January 20, 2015, the United States Court of Appeals for the Ninth Circuit ruled in Omega S.A. v. Costco Wholesale Corp., No. 11-57137 (9th Cir. Jan.

Client Alert | January 26, 2015

Supreme Court Resolves Circuit Split, Holds That Jury Should Decide Whether a Current Trademark Is Close Enough to a Predecessor to Benefit from Historic Use

On January 21, 2015, the U.S. Supreme Court decided its first substantive trademark case in nearly a decade. The decision resolves a longstanding circuit split over the issue of how to try cases where a key issue is whether a trademark owner should be given credit for earlier versions of its trademark in determining who has "priority of use" and thus a superior claim to exclude others from using the mark.

Client Alert | January 22, 2015

Key Issues In The Global Game Of Luxury M&A

New York partner Lois Herzeca is the author of "Key Issues In The Global Game Of Luxury M&A" [PDF] published by Law360 on May 28, 2014 at

Article | May 28, 2014

U.S. Supreme Court Resolves Circuit Split on Standing to Bring Lanham Act False Advertising Claims

On March 25, 2014, the U.S. Supreme Court issued a decision that resolves a split among the courts of appeals on the requirements for standing to bring a false advertising claim under the federal Lanham Act.

Client Alert | March 26, 2014

U.S. Commerce Department Announces Plan to Accelerate Transition to Private Management of the Domain Name System

On March 14, 2014, the United States Department of Commerce announced that it is asking the Internet Corporation for Assigned Names and Numbers ("ICANN") to begin discussions on a transition proposal for replacing the Department with a non-governmental entity to serve as steward of the Internet's Domain Name System ("DNS").

Client Alert | March 18, 2014

The Glamorous Side of Intellectual Property Law

Washington, D.C. partner Howard Hogan is the author of "The Glamorous Side of Intellectual Property Law," published in the February 10, 2014 issue of National Law Journal.

Client Alert | February 10, 2014

A Look At Shareholder Activism In The Retail Sector

New York partners Lois Herzeca and Eduardo Gallardo are the authors of "A Look At Shareholder Activism In The Retail Sector" [PDF] published by Law360 on February 10, 2014 at

Article | February 10, 2014

Selective Distribution and e-Commerce: Recent developments in EU and national case law

Brussels partner Andres Font Galarza and associates Eryk Dziadykiewicz and Alejandro Guerrero Perez are the authors of "Selective Distribution and e-Commerce: Recent developments in EU and national case law" [PDF] published in the February 2014 issue of the National Competitions Law Bulletin.

Client Alert | February 3, 2014

OSHA’s New Emphasis on the Retail Industry

The Occupational Safety and Health Administration ("OSHA") has recently stepped up its enforcement activities in the retail industry. Those in the industry should be mindful of OSHA's new emphasis and its potentially costly consequences.

Client Alert | January 22, 2014

RPM Under EU Competition Law: Some Considerations From a Business and Economic Perspective

Brussels partner Andrés Font Galarza and associate Pablo Figueroa are co-authors of “RPM Under EU Competition Law: Some Considerations From a Business and Economic Perspective” [PDF] published in the November 1, 2013 issue of CPI Antitrust Chronicle.  

Client Alert | November 1, 2013

Limited Purpose Bank Charters for Commercial Firms: The End of the Dodd-Frank Moratorium

This alert addresses the end of the Dodd-Frank Act moratorium on the ability of "commercial firms" to acquire FDIC-insured banks that are excluded from the definition of "bank" in the Bank Holding Company Act: industrial banks (or "ILCs," as they are commonly labeled) and credit card banks.

Client Alert | September 3, 2013

Indian Government Amends Foreign Direct Investment Policy

The Government of India ("Government") has approved several amendments to India's consolidated foreign direct investment policy ("FDI Policy"). These amendments are effective as of August 22, 2013.

Client Alert | August 29, 2013

The CPSC’s Latest Attempts to Expand Its Enforcement Authority

Updated on July 31, 2013In the wake of 2007--the “year of the recall”--Congress passed the Consumer Product Safety Improvement Act (“CPSIA”), Pub.

Client Alert | May 15, 2013

SEC Issues Guidance on Use of Social Media to Disseminate Corporate Information

On April 2, 2013, the Securities and Exchange Commission (the "SEC") issued a report of investigation pursuant to Section 21(a) of the Securities Exchange Act of 1934 providing guidance to public companies on the application of Regulation FD to corporate disclosures made through social media (the "Report").

Client Alert | April 15, 2013

Federal Trade Commission Updates Online Advertising Disclosure Guidelines; Addresses Mobile Devices and Social Media

On March 12, 2013, the Federal Trade Commission ("FTC") updated its advertising disclosure guidelines for mobile and other online advertisers. The new guidance, .com Disclosures: How to Make Effective Disclosures in Digital Advertising, explains how advertisers can make disclosures "clear and conspicuous" to avoid deceiving consumers.

Client Alert | March 14, 2013

U.S. Supreme Court Holds That a Covenant Not to Sue Can Moot a Trademark Challenge

In a decision that reaffirms that federal courts do not have jurisdiction to decide hypothetical challenges to the validity of intellectual property, the U.S.

Client Alert | January 11, 2013

Indian Government Liberalizes Foreign Direct Investment in the Retail Sector

The Government of India ("Indian Government") has approved a number of far-reaching amendments to India's foreign direct investment ("FDI") policy in the retail sector through the issuance of Press Note 4 of 2012 and Press Note 5 of 2012, each dated September 20, 2012.

Client Alert | September 28, 2012

Shining the Light on California’s “Shine the Light” Law

Companies with customers in California are facing an increasing number of class action suits seeking significant sums in statutory damages, attorney's fees and costs under California's "Shine the Light" law, a part of California's Consumer Records Act.

Client Alert | September 5, 2012

Five Tips for Directors of Retail and Consumer Products Companies

New York partner Lois Herzeca is the author of "Five Tips for Directors of Retail and Consumer Products Companies" [PDF] published by Corporate Board Member at on April 2, 2012.

Article | April 2, 2012

Nationwide Privacy Class Action Dismissed in In re iPhone Application Litigation Based on Lack of Article III Standing

On September 20, 2011, Judge Lucy H. Koh of the United States District Court for the Northern District of California issued an order in In re iPhone Application Litigation, Case No.

Client Alert | September 27, 2011

New Decision Confirms Federal Courts’ Power to Freeze Counterfeiters’ Overseas Assets and Order Production of Foreign Bank Records

On August 23, 2011, Judge Richard S. Sullivan of the Southern District of New York issued a decision in Gucci America, Inc. v. Li, No. 10 Civ. 4974 (RJS) granting the plaintiffs' motion to compel the production of counterfeiters' bank records from non-party Bank of China.

Client Alert | September 6, 2011

Social Media and the Federal Securities Laws

New York partner Lois Herzeca is the author of "Social Media and the Federal Securities Laws" [PDF] published in the April 4, 2011 issue of BNA's Securities Regulation & Law Report.

Article | April 4, 2011

European Commission Adopts Retail Market Monitoring Report

On July 5, 2010, the European Commission adopted a retail market monitoring report identifying the key issues that potentially hamper a more efficient and fairer retail services industry within the EU.

Client Alert | July 12, 2010

Important New Decision Establishes That Credit Card Processors May Be Held Liable as Contributory Trademark Infringers for Knowingly Servicing Merchants Who Sell Counterfeits

On June 23, 2010, U.S. District Judge Harold Baer, Jr. of the Southern District of New York issued his decision in Gucci America, Inc. v. Frontline Processing Corp., 09 Civ.

Client Alert | June 25, 2010

Strategies for Allocating Long-Term Value In Fashion and Apparel License Agreements

New York partner Lois F. Herzeca is the author of "Strategies for Allocating Long-Term Value In Fashion and Apparel License Agreements" [PDF] published in the May 2010 edition of Entertainment Law and Finance.

Article | May 21, 2010

Liability of Directors with Special Expertise under Federal Securities Law and Delaware Corporate Law

New York partner Lois F. Herzeca is the author of "Liability of Directors with Special Expertise under Federal Securities Law and Delaware Corporate Law" [PDF] published in the May 2010 edition of Bloomberg Law Reports - Director and Officer Liability.

Article | May 3, 2010