Fashion Counsel

Fashion Counsel’s Executive Video Series offers analysis and pivotal points of law impacting Fashion executives. Our host Anthony Lupo, Chairman of ArentFox Schiff and leader of the firm’s Fashion & Retail group, conducts one-on-one interviews with fashion CEOs and business leaders.

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Client Work

Media and Entertainment

Anthony represents clients in all aspects of the entertainment business, including clearances of rights, content agreements, production agreements, music, and media distribution agreements, international market entry, and protection and litigation of intellectual property rights. His clients in this space include Pixar Animation Studios, Discovery Channel, Oprah Winfrey Network, PlayStation, Food Network, HGTV, Travel Channel, and LG.

His work in this field has been praised by those inside and outside the legal industry:

• Chambers USA describes Anthony as the “go-to” intellectual property lawyer on the East Coast for television and movie studios.
• Legal 500 reports that Anthony “has an excellent reputation as relationship partner to marquee clients” and that the practice has “a fantastic reputation within the entertainment sector.”

Anthony has a great deal of experience in enforcing and protecting post-mortem publicity rights, including representing the estate of Albert Einstein, the Wright Brothers, and Steve McQueen.

Fashion

Anthony is considered a preeminent fashion law attorney and is the host of Fashion Counsel, the premier industry blog. He serves as outside general counsel for many high-end European fashion and luxury goods companies handling corporate, real estate, employment, class action, national and global distribution, fulfillment, and California-specific litigation (Prop 65, wage and hour, and false claims and unfair competition). His fashion and luxury goods clients include Diane von Furstenberg, Lacoste, Diesel, Yves Saint Laurent, Valentino, Fila, Christian Louboutin, Bottega Veneta, Balenciaga, Alexander McQueen, Brioni, Geox, Benetton, Sisley, Camper, DSquared, Just Cavalli, and Maison Margiela.

General IP and Advertising

In addition to advising his fashion and entertainment clients, he has a robust advertising, privacy, and data security practice providing guidance on developing and implementing global data privacy and security policies and procedures for many leading companies, including WarnerBros. Discovery, Tesla, Ferrari, PlayStation, Lacoste, LG Electronics, and PwC. In this regard, he advises clients on intellectual property issues, false advertising, substantiation, data collection, privacy, data security, and privacy as it relates to children. Anthony also represents Tesla, LG, Mars, and PlayStation on advertising and e-commerce matters, including platform agreements, clearing advertising claims, and defending these clients at the courts and NAD.

Notably, Anthony is one of the few attorneys working with foreign governments to revise their intellectual property laws, which includes:

• Assisting the Indonesian government in revising its intellectual property laws to comply with GATT
• Advising the Saudi Arabian government on international intellectual property issues in its effort to join the WTO
• Advising the Egyptian government on revising its intellectual property laws
• Advising the Vietnamese government on implementing the US-Vietnam Bilateral Copyright Agreement
• Lobbying the Office of the United States Trade Representative (USTR), the Patent & Trademark Office (PTO), and the Copyright Office regarding intellectual property and counterfeiting issues
• Counseling clients on how to protect their intellectual property in foreign markets

Anthony serves on the board of directors for the Smithsonian National Zoo, Discovery Channel Global Education Fund, Rutgers University Center for Business of Fashion, and Lacoste.

Publications, Presentations & Recognitions

Anthony appears regularly on TV as an entertainment and technology legal professional and is frequently quoted by newspapers and magazines, including The New York Times, Industry Standard, and The Los Angeles Times. He has also testified before Congress on the issue of e-commerce. 

Anthony’s numerous speaking engagements include:

• "Fashion Law Panel," The Howard University School of Law Fashion Law Society (Washington, DC)
• "The Expansion of Traditional Brands in the Metaverse," ASIPI Conference (Costa Rica) 
• “Fashion Law and E- Integration (Omni channels, Virtual mirrors and use of AI),” ASIPI Montevideo (Montevideo)
• “Mirror mirror on the wall: a reflective view of IP and other issues in the cosmetics, perfumes and make-up industries,” IBA Annual Conference 2019 (Seoul)
• “Intellectual Property Protection: Legal Considerations When Moving Offline,” Online to Inline Summit 2019 (Washington, DC)
• “Advertising, E-Commerce and Brand Registry,” the Personal Care Products Council’s 2019 Legal & Regulatory Conference (San Antonio)
• “Keynote Interview with Conor Flynn,” Bisnow New York Retail Summit 2019 (New York)
• “Law and the Fashion Industry,” Rutger’s Center for Business of Fashion Annual Research Conference (New York)
• "Advertising, E-commerce, and Intellectual Property Law," the Personal Care Products Council’s 2018 Legal & Regulatory Conference (Savannah)
• “Navigating an Evolving Legal Landscape of Fulfillment,” International Warehouse Logistics Association’s 2017 Legal Symposium (Chicago)
• “Know Every Angle: Advertising, Social Media, Discount or Phantom Pricing, and International Distribution and Privacy,” Personal Care Products Council’s 2016 Legal & Regulatory Conference (Nashville)
• “Dueling Nannies and Bad Singing Competitions - Protecting Television Formats,” International Bar Association Annual Meeting (Vienna)
• “Going Rogue: When Celebrities Stray from Talent Agreements and Developments in Publicity and Privacy Law,” Personal Care Products Council Annual Legal and Regulatory Meeting (South Beach)
• “Challenges and Opportunities for International Brands Entering the Brazilian Fashion Market,” Brazilian-American Chamber of Commerce (New York)
• “The Digital Explosion: Embracing New Platforms and Preparing for the Future of Television and Film,” Howard University Center Court Conference (Washington, DC) 
• “Current Legal Trends in the Footwear, Fashion, Accessory & Retail Sector,” MAGIC (Las Vegas)
• “Cybersquatters, Counterfeiters & Omni-Channeling in the Apparel Industry,” SFIA Litigation and Risk Management Summit (Las Vegas)
• “Bah Humbug! Regulations and Legal Strategy for the Holiday Retailer,” Footwear Retailers and Distributors of America (Webinar)
• “IP and licensing strategies in the fashion industry,” International Bar Association Annual Conference (Tokyo)
• “The Future of Electronic Games-Content and IP,” International Bar Association Annual Conference (Tokyo)
• “Retail Real Estate Summit,” Bisnow (New York)
• “Don Draper in the Digital Age: How Technology is Changing the Law of Advertising,” Personal Care Products Council Annual Legal and Regulatory Conference (New Orleans)
• “Big Data: What it Means for Your Bottom Line,” Arent Fox Seminar (New York)
• “Intellectual Property in the Fashion Industry,” ASIPI 17th Annual Administrative Council Meeting (Punta Cana)
• “Hot Advertising, Privacy, and Entertainment Topics for 2013,” Personal Care Products Council Annual Legal and Regulatory Meeting (Montreal)
• NY Retail Summit (New York)
• “Surviving a Data Breach” (Los Angeles)
• “A Revolution in the Right of Publicity,” International Bar Association (Dublin)
• Data Breach Seminar (Los Angeles)
• “Data Protection and Privacy” (New York)
• “Legal Issues Related to Film and Television Broadcasting, Production, and Financing,” Rio de Janeiro International Film Festival (Rio do Janeiro)
• “Sweepstakes, Social Media, and Privacy,” ACI (New York)
• “Trademark and Other Legal and Business Considerations Regarding Social Media” (New York)
• “Treating Fans Well While Preserving Your Revenue Streams (Right of Publicity and Athletes),” Sports Lawyers Association Conference (Washington, DC)
• “Sports Right of Publicity and Social Media Legal Update,” ABA Forum on Entertainment and Sports Industries (New York)
• “Advertising on Social Network Sites and Other Media,” Personal Care Products Conference (Vancouver)
• “PCI-DSS: Legal Issues Related to Data Privacy and Security,” Hospitality Law Seminar
• “Entry to the US for Matters of Brazilian Products and Services,” Rio de Janeiro Association of Businesses and Property Exports Conference
• “User Generated Content – Avoiding Legal Pitfalls and Maximizing Business Benefits,” IBA Conference (Madrid)
• “Gray-Market Goods and Diversion of Product,” ASIPI/INTA Conference (Argentina)
• “The DMCA Dilemma,” Consumer Electronics Show (Las Vegas)
• “IP Online – Being Aware of Trademark and Copyright Boundaries in Advertising,” Advertising and Marketing Law Seminar (New York)
• E-commerce and IPO issues, Internet World Conference (Hong Kong, Argentina, Venezuela, Chile, Spain, New York, Los Angeles, and Chicago)
• “Rights and Royalties for Music on the Internet,” Billboard Magazine
• “International E-Commerce Law and IPO Issues,” COMDEX (Brazil)
• “Music on the Internet,” Practising Law Institute
• “Protecting IP on the Web,” International E-Commerce, ACI (New York, San Francisco)
• “Establishing an International E-Commerce Presence,” International Business Transactions (New York)
• “Trademarks and the Internet,” Intellectual Property Owners Conference