On March 20, 2017, U.S. District Court Judge S. James Otero for the Central District of California in Robles v. Domino’s Pizza LLC, granted defendant Domino’s Pizza LLC’s motion to dismiss without prejudice and ruled that the plaintiff’s class action
Retail Trend Spotter
An Inside Look at the Legal Issues Impacting Retail, E-commerce, Fashion & Beauty
Retail Trend Spotter, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on legal developments and regulatory changes impacting the retail industry. The blog covers topics such as trade policies and tariffs affecting importers, environmental regulations like PFAS reporting requirements, consumer protection laws including confidentiality clauses in settlements, workplace safety mandates for retail employers, and significant judicial decisions influencing administrative law and regulatory authority. It provides insights on compliance strategies, legislative updates, and risk management tailored to retailers, manufacturers, and related businesses navigating complex legal landscapes.
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Who’s Got the Spirit?! Supreme Court Decides Star Athletic, LLC v. Varsity Brands, Inc.; New Two-Part Test Seeks to Clear Up the “Mess” But Questions Still Remain About the Subjective Nature of the Separabilty Analysis
By Ted Max
On March 22, 2017, the United States Supreme Court, in an opinion written by Justice Clarence Thomas in Star Athletic, LLC v. Varsity Brands, Inc., held that “a feature incorporated into the design of a useful article is eligible for…
Blockchain Walks the Runway As The New FashTech Fashion Tool
The World Customs Organization and International Chamber of Commerce estimate that seven to eight percent of all world trade each year involves counterfeit goods, resulting in lost sales of $512 billion globally and $200-250 billion in the United States. [1]…
FTC Requires that iSpring’s “Built in USA” Claims Hold Water
By Ted Max
On February 1, 2017, the Federal Trade Commission (“FTC”) and iSpring Water Systems, LLC (“iSpring”) reached a settlement regarding its false, misleading, and unsupported claims that its water filtration systems and parts are “Built in USA,” “Built in USA Legendary brand…
FTC Grants Summary Judgment Against California Naturel, Inc. Falsely Advertising “Sun Blocked” Sunscreen Products
In its opinion in In re California Naturel, Inc., the Federal Trade Commission held that the California Naturel, Inc. advertising promoting its “all natural” sunscreen on its website as containing “only the purest, most luxurious and effective ingredients found in…
Don’t Lose Your DMCA Safe Harbor Protection!
By James Gatto
The U.S. Copyright Office’s new electronic system for copyright-agent registration and maintenance goes into effect on December 1, 2016, and with it comes new rules. Beginning December 1, all online service providers must submit new designated-agent information to the Copyright…
“E-Commerce must live up to its promise…”
These are the words of Europe’s chief antitrust enforcer, Margrethe Vestager, introducing the Commission’s public hearing on October 6, 2016, on its preliminary findings of the e-commerce sector inquiry. The promise of e-commerce alluded to by the Commissioner for Competition…
On the Way to a European Digital Single Market: Whether You Sell Online or Offline – Listen Up!
The European Commission’s Directorate-General for Competition has issued a lengthy preliminary report of its ongoing sector inquiry into the e-commerce of goods and digital content. The sector-wide inquiry was launched on May 6, 2015, in the context of a wider…
Punching the Clock in the 21st Century: Could Your Bonuses and Promotions Be Determined By Wearable Tech?”
From Apple Watches to Fitbits, the market for wearable technology has steadily increased over the years. In 2015, just under 50 million wearable devices were shipped.[1] Additionally, the wearables market is expected to increase 35% by 2019. As…
Rah! Rah! Sis Boom Bah! Supreme Court to Decide Whether Copyright Act Protects Cheerleader Uniform Designs
By Ted Max
In August 2015, the United States Sixth Circuit Court of Appeals held in Varsity Brands, Inc.. v. Star Athletica, LLC, 799 F.3d 468 (6th Cir. 2015), that the stripes, chevrons and other visual elements that appear on a cheerleading uniform…