Legal

Longtime mall retailer Express filed for Chapter 11 bankruptcy protection on Monday, however, a group of investors led by brand management firm WHP Global is looking to save the company by acquiring it. Express, whose portfolio includes its namesake banner, Bonobos and UpWest, said it will close 95 of its eponymous shops and all of…

The Federal Trade Commission (FTC) is preparing to sue to block a luxury fashion mega merger, Tapestry’s $8.5 billion takeover of Capri Holdings, two people with knowledge of the matter said. The FTC’s five commissioners are expected to meet next week to discuss the case, a move that could precede a formal vote on whether…

Luxury retailer Coach and its parent company are suing Gap Inc., alleging its Old Navy brand sold T-shirts with the word "COACH" printed on them in capital letters. In a lawsuit filed April 3 in the United States District Court for the Central District of California, lawyers for Tapestry, Inc., which includes brands Coach, Kate…

99 Cents Only Stores announced last week that it had filed for bankruptcy protection in the United States Bankruptcy Court for the District of Delaware, days after it said it was closing all of its 371 locations. Founded in 1982, 99 Cents Only Stores currently operates stores in California, Texas, Arizona and Nevada. Number Holdings, Inc., the parent company…

Visa, Mastercard, and the banks that issue cards with them agreed to pay $30 billion in a lawsuit settlement that was first brought to the courts by merchants in 2005 . In reaching a settlement, Visa and Mastercard agree to lower credit interchange rates and cap those rates into 2030 in the US, according to…

The Federal Trade Commission (“FTC”) is set to release an updated version of its Guides for the Use of Environmental Marketing Claims this year. These “Green Guides” — which haven't been updated in over a decade — do not have the force of law but provide marketers with guidance on how to make properly substantiated…

Joann, the 81-year-old fabric and craft retailer, has filed for bankruptcy as it struggles with customers cutting back on discretionary spending. In a statement released on Monday, the Ohio-based company said it filed for Chapter 11 bankruptcy protection and has secured $132 million in funding with most of its financial stakeholders that helps reduce its…

Navigating the data privacy landscape these days can be daunting, particularly with the continual emergence of new state and federal regulations. We now have 13 state laws signed, and many others to come online in the next year, not to mention sector-specific laws. These have led to hundreds of lawsuits and enforcement actions. Given that…

In 2023, the Biden National Labor Relations Board (NLRB or Board) and its General Counsel Jennifer Abruzzo continued implementing a highly pro-labor agenda that has significantly changed the union and labor landscape for retail employers. In addition, Abruzzo and the Board’s regional directors are imposing and enforcing aggressively some of their most controversial new measures…

This article is the second in a two-part series identifying potential benefits and drawbacks to consider when deciding whether to use a cease and desist (C&D) letter in an overall trademark enforcement strategy. In the first installment, we introduced C&D letters and their potential benefits. Here, we discuss the potential drawbacks of using trademark C&D…