Fashion Counsel

The Washington Supreme Court’s 2025 decision in Brown v. Old Navy held that Washington’s Commercial Electronic Mail Act (CEMA) reaches false or misleading statements about the duration or availability of a promotion.

Brands often desire to use trending or charting music in their social media posts. The use of popular music can signal cultural relevance, capitalize on viral moments, and create greater exposure to social media posts because of the way a social media platform’s algorithms work.

Fashion brands could face broader wage and supply-chain liability under the newly reintroduced FABRIC Act.

The rise of generative artificial intelligence (AI) has introduced a simple but important question for fashion brands: if you have permission to use a model’s photograph, does that also mean you can use AI to generate entirely new images of that model?

On July 19, a major part of the European Union’s (EU) Ecodesign for Sustainable Products Regulation (ESPR) went into effect, and large companies can no longer destroy unsold clothing, accessories, or footwear.

Tariffs and supply-chain pressures remain a constant operational reality for fashion brands and retailers.

Fashion trademark disputes often turn on a deceptively simple question: when does a design feature stop being decoration and start functioning as a brand identifier?

A notable trend is emerging in the fashion and beauty industry: professional hair and makeup stylists are increasingly requesting that companies sign agreements designating the stylists’ work as protectable intellectual property. While this is not yet the industry norm, these requests are becoming more common and merit careful attention when negotiating event-related contracts.

Chairman Anthony V. Lupo was a featured guest for Artist and the Machine’s AI & Creativity Summit: NY 2026. Speaking with Francis Pierrel, CEO of LR Paris, Tony discussed how artificial intelligence (AI) is reshaping fashion, luxury, beauty, creativity, and intellectual property.

A challenge to Quince’s pricing strategy could have implications beyond a single retailer, especially for brands that rely on comparison-based marketing to drive sales.

The transaction marks a significant development for the global luxury fashion industry, bringing together two well-known names through a strategic investment in Roberto Cavalli.

As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue throughout the rest of the year.

ArentFox Schiff Chairman Anthony V. Lupo was quoted on the bankruptcy filing of the luxury retail conglomerate, Saks Global — owner of Saks Fifth Avenue, Saks Off 5th, Bergdorf Goodman, and Neiman Marcus — on what brands can recover capital and product during a Chapter 11 filing.

As fashion brands enter 2026, supply-chain pressure, tariff uncertainty, and rising tech spend are accelerating interest in private equity (PE) partnerships.

The 2025 holiday retail shopping season is nearly a wrap. Consumers will be on the hunt for year-end discounts, and gift card purchases likely will surge over the coming days.

In a closely watched consumer protection lawsuit, a federal court has ruled that Chipotle’s loyalty rewards points are not “gift certificates” or “gift cards” under either New York or California law.

A clear, well-written terms of use agreement is essential for e-commerce sellers and online service providers seeking to manage the risk of litigation through provisions such as arbitration clauses and class action waivers.

A high‑stakes test of presidential tariff power took center stage on November 5 when the US Supreme Court (SCOTUS) heard consolidated arguments in Learning Resources Inc. v. Trump and V.O.S. Selections, Inc. v. Trump over sweeping, worldwide tariffs imposed under the International Emergency Economic Powers Act (IEEPA) to address “reciprocal” trade‑deficit measures and fentanyl trafficking.

On June 12, 2023, Deckers Outdoor Corporation, owner of the UGG brand, sued Quince, an affordable fashion e-commerce company, alleging that Quince’s shearling lined boots infringed Deckers’ unregistered trade dress and one design patent (US Patent D927,161) (the “’161 Patent”) covering one of its most popular boots, the Classic Ultra Mini Boot.

More than two years after the Integrity, Notification, and Fairness in Online Retail Marketplaces (INFORM) for Consumers Act took effect on June 27, 2023, the United States, on behalf of the Federal Trade Commission (FTC), brought the first enforcement action under the Act.

Columbia Sportswear and Columbia University both use the word mark “COLUMBIA” on apparel. To prevent confusion and avoid a trademark fight, the parties entered into a co-existence agreement in 2023 to let the University keep selling school merchandise but only if it paired “COLUMBIA” with clear references to the school (for example, “University,” the school shield, or “1754”).

A typical tactic employed by retailers is to reduce the price of an item that has remained in a consumer’s shopping cart. This practice may now become illegal if those retailers fail to state, “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA.”

Last year, the New York Retail Worker Safety Act was signed into law. The Act will take effect on June 2, after which New York-based retail employers will be faced with new internal policy and training requirements for employees.

Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often overlooked or given insufficient attention during digital asset development and management.

The Trump Administration’s latest tariff announcements are set to send shockwaves through the fashion and retail sectors, potentially upending supply chains industry wide. Consumers can expect higher costs for their favorite apparel, footwear, handbags, and accessories.