Blog Posts: Retail Law Advisor
Visit the Full BlogThis blog keeps you connected to timely developments and emerging issues in retail law and covers a wide range of topics related to the retail, restaurant and consumer industry. We invite you to learn more about Goulston & Storrs and our Retail, Restaurant & Consumer Group.
Sustainability in the Fashion Industry: Kering Group's Innovative Approach in the Luxury Sphere
Retailers are facing an increasing population of ethically minded consumers . A Nielsen 2015 global survey found that 66% of respondents were “ willing to pay more for products and services that come from companies that are committed to positive social and environmental impact ,” up from 55% in...
Supreme Court Removes Patent Litigation from the Heartland of Texas
For years, patent assertion entities have filed patent lawsuits against retailers in federal court in Texas. The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC may give retailers the ability to insist they defend such lawsuits on their home turf. Deep In the Heart...
Robots Will Reshape – Not Replace – Retail Work
As we have discussed in earlier blog posts , rapid changes in the retail landscape due to the rise of e-commerce and a shift in customer’s interests from old-school, one-stop department store shopping to experiential retail, has led to a recent wave of retail bankruptcies and store closings. The...
Retailers to the Rescue
Hurricane Harvey has traumatized southeastern Texas. With unprecedented rainfall, there are many people who need urgent help. The competitive retail market can be difficult and wonderful all at the same time. We see (time and time again) that when human needs emerge, retailers are often among the first to...
E-commerce Is Changing the Definition of Retail Employment
The retail landscape is in the midst of a mind-boggling – and fast-moving – evolution. In a short amount of time, Americans have radically changed how they shop for things, utilizing multiple channels of shopping to meet their needs. 80% of Americans are now shopping online, and they utilize...
Forging a Legal Firewall: Recent Decisions May Shield Retailers from ADA-Based Website Inaccessibility Claims
We have commented on a surge of lawsuits being filed under Title III of the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits discrimination in the full and free enjoyment of public accommodations on the basis of disability. Where websites and mobile applications serve as extensions...
How Grocery Stores Are Starting to Cash in on the Blue Apron Trend
The Rise of the Gourmet Home Chef Boxed meal delivery services like Blue Apron and Plated have steadily risen in popularity since they entered the market in 2012. Meal kit delivery services offer consumers a no-hassle way to cook meals at home, without having to find recipes, plan meals...
May your Days be Merry and Blue Laws Compliant
‘Tis the season to eat turkey, drink pumpkin-flavored lattes, and, of course, shop. With Black Friday and the holiday season just around the corner, it is important for retailers to remember that Massachusetts has specific laws that restrict when and if businesses can operate on Sundays and holidays and...
What Now? Post-Election Thoughts for the Retail Industry
Elections are emotionally charged events and yesterday’s U.S. Presidential Election proved no exception. Regardless of which way you voted, we now have a new President in Donald Trump. So, what does his election mean for retail sales? No one can say for sure at this point, but we thought...
FACTA Check: Credit and Debit Receipts Can Show Injury-in-Fact
In a series of recent decisions that have important implications for retailers, large and small, federal courts have allowed consumer class actions to proceed against businesses for violation of the Fair and Accurate Credit Transactions Act (“FACTA”), even where the consumers did not allege actual damages resulting from the...
The Newly Enacted Defend Trade Secrets Act: What Retailers Should Know
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with, and does not preempt, the trade secret acts already existing at the state...
Retailers Digitizing Daily Operations: From Mobile Payments to E-Receipts
When asked last year to name one technology that we rely on today that would no longer be around in 10 years, Microsoft CEO Satya Nadella responded: “ fountain pens .” Some may question Mr. Nadella’s prediction of the imminent demise of pen and paper. Indeed, such prognostications date...
Retail Litigation Center: A National and Influential Force In Litigation
The Retail Litigation Center (RLC) is a trade organization attached to the Retail Industry Leaders Association (RILA) that describes itself as “the only organization dedicated to advocating the retail industry's perspective in those judicial proceedings that are most important to the retail community.” Launched by RILA in 2010, the RLC is a...
Report from MAPIC 2015: US Expansion Still Hot Topic
The Goulston & Storrs’ MAPIC team has returned from the 21st annual MAPIC (le marché international professionnel de l’implantation commerciale et de la distribution) conference in Cannes, France. From November 16-18, MAPIC hosted its international retail conference at the Palais de Festivals et des Congrès in Cannes. Approximately 8,000...
Apple Pay, Android Pay, Samsung Pay: Where’s Your Wallet?
Last week Samsung launched its mobile payments app to compete with ApplePay and Android Pay, with much anticipation among technology bloggers. A few Technorati rushed to try the application so they could compare and contrast with the others. While it’s not likely that the general population will comparison shop...
3D Printing: Potential Pitfalls For Retailers
What is 3D printing? 3D printing, a seemingly futuristic method of manufacturing objects, is steadily moving into the mainstream as three dimensional printers have relocated from labs to the shelves of retail stores. 3D printing, or additive manufacturing, is a method of production where small machines –robots – build...
An A+ in Back-to-School
It may only be the first week of August, but the retail world is already in full swing with one of its most important times of the year: back-to-school. Back-to-school is the second-biggest shopping season of the year, trailing only the holiday season. And the shopping trends, patterns and...
Are You Ready for the Attack? Online Brand and Reputation Protection
It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous postings appear prominently in search engine results, including Google. If you haven’t implemented...
INTA 2015 Annual Meeting Recap
Last week, members of Goulston & Storrs joined over 9,900 attendees from around the world who converged on San Diego for the 2015 Annual Meeting of the International Trademark Association (INTA). This 137th meeting of INTA was its largest ever and assembled a remarkably diverse group of brand owners...
[Insert Your Trademark Here].sucks – Is Your Brand at Risk?
In recent years, the Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit entity responsible for maintaining the Domain Name System of the Internet, has begun to introduce hundreds of new top-level domains. Top-level domains (TDLs) are the last part of a domain name, some of the most common...
It’s Time to Give Your Hiring Processes a Check-up. Are They Compliant?
As your prospective employees are brushing up on their interview skills, it’s also a good time to ensure your hiring practices and procedures are in order. A regular review of employment application processes will keep them up-to-date. Scheduling time with hiring managers and Human Resources to freshen up interviewing...
Recent Guidance on Geographically Descriptive Trademarks May Help Brand Owners
Brand owners frequently adopt geographic terms to describe the origin or a characteristic of goods, such as NANTUCKET NECTARS for beverages from Nantucket and HYDE PARK for high end apparel. They may also adopt such terms to describe the origin of services, such as CALIFORNIA PIZZA KITCHEN for restaurant...
Would You Like Fries with that Sweater? Retailer and Restaurant Pairings
As retailers continue to embrace the omni channel retail experience, our blogging team explores consumer behavior behind the new trends. One topic we have followed lately is the convergence of retail and restaurants. For years restaurants have put roots down in highly-trafficked areas like shopping malls, tempting weary consumers...