Ad Law Access
Seller Beware When Using Third-Party Services to Manage Returns
The Wall Street Journal recently published an article discussing a growing practice among retailers who use third-party services to identify fraudulent returns. These services will inform retailers when they think a…
Michaels Stores Inc. Agrees to Pay $1.5 Million CPSC Civil Penalty
Last week, the Department of Justice (“DOJ”) announced that Michaels Stores Inc. has agreed to pay $1.5 million in civil penalties to settle allegations that Michaels failed to file a timely report about a safety…
TINA Has Eyes on Goop
The consumer advocacy non-profit Truth in Advertising, Inc. ( TINA.org ) has set its sights on Goop , the lifestyle brand launched by Gwyneth Paltrow. In a complaint filed earlier this week with the Santa…
Comparison Pricing Victory for Ross Stores in California
On August 2, 2017, the U.S. District Court for the Central District of California dismissed a putative class action lawsuit against Ross Stores that accused the discount retailer of misleading promotional pricing…
V-I-C-T-O-R-Y for the Fashion Industry: SCOTUS Establishes Uniform Test for Protection of Artistic Works Applied to Apparel
The overall design (such as the shape and cut) of a garment, bag or shoe is not protectable under current U.S. Copyright law because such items are considered “useful articles.” However, Section 101 of the Copyright…