Insights on Fashion & Retail Law

Welcome to the October 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

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.

Chairman and Fashion & Retail Group Leader Anthony V. Lupo was featured on the Suited: Where Fashion Law Meets Culture and Politics podcast in its recent episode, “Fashion Law 360 with Anthony Lupo.”

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

Partner and Fashion & Retail Co-Leader Erica Roque will participate in “Artist Corporations: A New Legal Framework for Creative Practice,” presented by the Center for Art Law on October 1 at 12:00 p.m. ET.

ArentFox Schiff is pleased to announce that Partner and Executive Committee member Cristina A. Carvalho has been named to Washingtonian’s 2026 list of the “Most Powerful Women in Washington.”

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?

Partner and Longevity & Healthspan Industry Group Co-Leader, Thorne Maginnis, will moderate the “Status, Wellness & the Evolving Consumer Economy” panel at Brand Forward, The Fashion Law’s annual conference, on September 17, 2026.

ArentFox Schiff is pleased to announce that Chairman Anthony V. Lupo has been named to the Forbes 2026 America’s Top Lawyers list.

On August 19, the Federal Trade Commission (FTC) issued a proposed enforcement policy statement putting businesses on notice that using consumers’ personal data to set individualized prices without clear disclosure may violate Section 5 of the FTC Act.

ArentFox Schiff served as IP counsel to premier brand management company, Marquee Brands, in a transaction to acquire heritage outdoor apparel brand, Roots, making the previously publicly traded Canadian brand privately owned.

On July 22, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency responsible for implementing and administering Proposition 65 enforcement, released draft amendments to the Proposition 65 warning regulations as part of its “Omnibus 2026” pre-rulemaking process.

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.

ArentFox Schiff is pleased to announce that Managing IP has listed 17 attorneys among the 2026 IP STARS, recognizing them as leaders in their firm and jurisdiction.

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?

ArentFox Schiff announced today the addition of an elite trademark and brands team anchored by highly ranked brand and copyright attorney Jason Garcia and globally recognized trademark attorney Katherine (Katy) M. Basile.

Welcome to the July 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

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.

New York Fashion & Retail and Consumer Products Partner Michelle Mancino Marsh was quoted on the California federal court jury verdict in Deckers v. Quince that determined if the well-known online retailer had infringed on Deckers’ design patent for a style of its famous Ugg boots.

Earlier this year, we flagged the growing momentum behind state efforts to regulate dynamic and surveillance pricing.

ArentFox Schiff is pleased to announce that Partner Cristina A. Carvalho has been named to the Forbes 2026 America’s Top Women Lawyers list.

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.

New York Fashion & Retail and Consumer Products Partner Michelle Mancino Marsh was quoted in GQ on the trademark battle between outdoor gear and clothing brand, Patagonia, and American drag performer and activist, Pattie Gonia.