Fashion, Retail and Consumer Products

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Howard Hogan Named Among Global Leaders in Trademark by World Trademark Review 2024

World Trademark Review named Howard Hogan to its 2024 edition of WTR Global Leaders in private practice in the D.C. metro area.

Firm News | June 5, 2024

World Trademark Review Names Howard Hogan and Ilissa Samplin Among Its 2024 Leading Trademark Lawyers

World Trademark Review named Washington, D.C. partner Howard Hogan and Los Angeles partner Ilissa Samplin to its 2024 edition of WTR 1000: The World’s Leading Trademark Professionals.

Firm News | February 8, 2024

Public Hearing Highlights Political Momentum Behind SHOP SAFE Act

Washington, D.C. partner Howard Hogan and New York associate Colleen Devine are the authors of "Public Hearing Highlights Political Momentum Behind SHOP SAFE Act" published by World Trademark Review on October 10, 2023. 

Article | October 10, 2023

Copyright Liability for Generative AI Pivots on Fair Use Doctrine

Washington, D.C. partner Howard Hogan and New York associates Connor Sullivan and Jeffrey Myers are the authors of "Copyright Liability for Generative AI Pivots on Fair Use Doctrine" published by Bloomberg Law on September 22, 2023. 

Article | October 5, 2023

Supreme Court Holds That U.S. Trademark Infringement Claims Must Be Based On Domestic Use In Commerce

The Supreme Court held that trademark infringement claims under the Lanham Act apply only where the claimed infringing “use in commerce” occurs in the United States. Our lawyers discuss this case.

Client Alert | June 29, 2023

Supreme Court Clarifies Limits Of First Amendment Defenses To Use Of Trademarks In “Parody” Products

Gibson Dunn lawyers discuss the Supreme Court's reversal of a decision that effectively barred trademark infringement and dilution claims against products that imitate a plaintiff’s trademark to identify the defendant’s products.

Client Alert | June 8, 2023

Supreme Court Holds New Meaning Alone Is Not Sufficient For The Fair Use Defense

Gibson Dunn lawyers discuss a Supreme Court ruling that a work of art is not sufficiently transformative for purposes of the fair use doctrine even if it conveys a different meaning or message from the source material.

Client Alert | May 18, 2023

Gas Stoves: Developing Regulatory and Litigation Actions

Thirty-eight percent of American homes use gas stoves, and so stove manufacturers, retailers and the fossil fuel industry could be significantly affected by any regulatory restrictions following Department of Energy proposals and Consumer Product Safety Commission investigations. Here, our partners give an overview of the current regulatory landscape and potential litigation.

Client Alert | March 29, 2023

Howard Hogan and Jennifer Bellah Maguire’s Book Named One of Best Fashion Books of All Time

Fashionista named Fashion Law and Business: Brands and Retailers (Second Edition) by Washington, D.C. partner Howard S. Hogan and Los Angeles partner Jennifer Bellah Maguire as one of 21 best fashion books of all time.

Firm News | January 9, 2023

New District Court Decision Provides Useful Guidance on Application of Trademark Law to Virtual Goods

A decision issued on May 18, 2022 by U.S. District Judge Jed S. Rakoff of the Southern District of New York may provide valuable insight into how courts will consider trademark claims regarding NFTs.

Client Alert | May 20, 2022

Courts Continue to Debate the Legal Status of Reposted Social Media Content

Washington, D.C. partner Howard S. Hogan and New York associate Connor S. Sullivan are the authors of "Courts Continue to Debate the Legal Status of Reposted Social Media Content," published by The National Law Journal on April 22, 2022.

Article | April 26, 2022

New Sustainability Measures for the Textiles Sector

In March 2022, amidst an array of new proposals for sustainable products (including a proposed draft Regulation on Ecodesign for Sustainable Products) the European Commission announced an EU Strategy for Circular and Sustainable Textiles. This article explores the details of the strategy.

Client Alert | April 20, 2022

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

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

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 www.law360.com.

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 www.law360.com.

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