Category: Retail
A World of Trademarks at INTA 2018 Annual Meeting in Seattle
During the week of May 20, 2018, members of the Goulston & Storrs Intellectual Property Group joined over 10,500 attendees from around the world for the 140th Annual Meeting of the International Trademark Association (INTA) . Held in Seattle, Washington, the INTA 2018 Annual Meeting attracted an incredibly diverse...
ICSC RECon 2018--Stepping Into the Future
The Las Vegas Convention Center hosted ICSC RECon 2018 last week from May 20-23. Upon their entry into the Convention Center’s Central Hall, this year’s RECon attendees were greeted by the ICSC Innovation Exchange. This interactive exhibit showcased a broad range of new technologies, including autonomous security systems, digital...
ICSC RECon In Full Swing
ICSC is in full swing at the Las Vegas Convention Center this week. This is the world's largest gathering of retail real estate professionals. With 37,000 industry professionals and 1200 exhibitors, it promises to be an amazing week. Last year, the mood at the convention was largely positive despite the...
The New Dawn of Retail: Apocalypse or Evolution?
Major retailers that once reigned supreme with brick and mortar stores now face unparalleled challenges. Historically, major retailers dominated the retail industry by opening stores in the most desirable locations and offering fetching merchandise at a great value. But, numerous trends – including a dramatic shift in shopping habits...
No More Lifetime Guarantees – The Importance of a Balanced Return Policy
In February 2018, L.L. Bean made the tough decision to change its lifetime return policy , which had been in existence for over a century. Following the policy change, the company received backlash from its customers , with many of them voicing their frustrations on twitter. One user tweeted...
Does Trademark Protection Extend to On-Line Advertising- Apparently It All Depends
It seems that nearly every day another retailer announces the large-scale closure of brick-and-mortar storefronts, with such household brands as Toys “R” Us and J. Crew, just to name two, planning to shutter stores in 2018. The significant challenges faced by traditional retailers are often attributed to the rise...
Preparing for a Retail Storm
In the past few years, we have seen increasing temperatures, rising sea levels and extreme weather across the globe. According to NASA, 2016 was the hottest year on record and 2017 was the second warmest year on record . In 2017 alone, the world witnessed massive heat waves in...
Credit Card Evolution: Goodbye John Hancock
For years, the signature requirement for completing a credit card transaction has felt something like an obsolete means of confirming a user’s identity . Effective this month, however, four of the country’s largest credit card providers: American Express, Discover, Mastercard and Visa, will no longer require a signature to...
Pop-Up Stores- From Mall Kiosks to Dedicated Mall Spaces
It seems that everywhere we turn, there is another story about how the traditional, enclosed shopping mall is facing a slow and painful death. Big box and other brick and mortar stores are closing, and mall landlords are desperate to fill increasingly empty space . To do so, landlords...
Following An Evolving Retail Scene In New York City
New York City, one of the world’s premier shopping destinations is about to get over one and a half million square feet of new retail space. Some will be delivered to Long Island City, an area that has been waiting for a retail resurgence for over 2 decades, and...
Bankruptcy Lease Auctions – Landlords Can Play Too
Toys “R” Us filed for bankruptcy in September 2017, with hopes that a strong holiday season would facilitate a successful reorganization. After holiday sales proved to be far less lucrative than the company and its professionals had hoped, the announcement was recently made that the company would commence store...
No Relief in Sight from Website Accessibility Lawsuits
In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing down . Title III of the ADA prohibits discrimination against disabled persons in places...
#Trending: Omnichannel Loyalty and Leveraging Social Media Channels
Technological advancements in the current digital age allow consumers to browse and buy products on smartphones and tablets, bringing an unlimited number of retail options to their fingertips—literally. Thus, in an effort to distinguish themselves, many brands are adopting omnichannel-based customer loyalty programs in favor of more traditional programs...
Bringing Residential Uses to Existing Shopping Centers--A Win Win
Tenant curation, experiential retail , and social media-based marketing are thriving trends in today’s brick-and-mortar shopping center industry. Retail is not the only real estate asset class susceptible to trends, and a recent dominant trend in the multifamily residential sector may offer valuable opportunities for shopping center owners. For those...
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...
Settlement Opens Door For Outer Borough Outlet Centers
In August 2017, Simon Property Group (“SPG”) and the Office of the Attorney General of the State of New York (“NYAG”) entered into an Assurance of Discontinuance (the “Settlement”) regarding alleged anti-competitive effects of radius restrictions used by SPG in leases at the Woodbury Common Premium Outlets (“Woodbury Commons&rdquo...
A Grocery Attack on Multiple Fronts
Amazon has entered the grocery store space with a bang. From the recent opening of its AmazonGo store , to its acquisition of Whole Foods last August, Amazon has threatened to disrupt the grocery store industry and has jolted the stock price of many of its competitors. But will...
Facial Recognition in Retail: "Attention all Shoppers: We Already Know Everything about You"
Are you worried that “Alexa” is listening to your conversations? Do you cover your laptop camera with tape and refuse to store your passwords on your devices? Well, it looks like even stepping into the mall may require full-body armor if you wish to keep your basic data truly...
Foreign Retailers Entering New Markets: Finding A Home Of One’s Own
The first task facing a retailer entering a new market? To find its customer. This chore takes on more significance for foreign retailers venturing into a complex, expansive and heterogeneous market such as the United States. Depending upon the soundness of the choice, the proverbial pot at the end of...
What Does Tax Reform Mean for Retail?
We all know now that the federal corporate tax rate for many retailers is dropping this year from an industry effective average rate of 32.9% to 21%, as a result of changes implemented by the so-called “Tax Cuts and Jobs Act” which was signed into law on December 22...
Rise of the Drones: Flying Over Newton and Registration Requirements Reinstated
The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles . This is also great news for retailers, as drone popularity continues to soar with overall electronics sales . With more advanced technologies available to consumers and drones rapidly...
Vitamin D and Retail: But Not Without Due Diligence First
We’ve all read about the question marks floating around the fate of brick and mortar retail in America. Factors like the strength of e-commerce and shifting consumer preferences (such as the popularity of urban centers over suburbia and consumers’ yearn for experiences over traditional shopping trips) are challenging landlords...
Teavana and Whole Foods: Is the Pendulum Swinging in Favor of Protecting Mall Landlords Against Strategic Tenant Closures?
As mall landlords continue to see substantial tenant vacancies, some landlords have begun to challenge solvent tenants who decide to go dark before the end of their lease. In two important recent cases — Simon Property Group, L.P. v. Starbucks Corporation, Case No. 49D01-1708-PL-032170 (Indiana Superior Court) and Bellevue...
ICSC New York Deal Making (2017)
On December 6-7, the Javits Center played host to this years’ ICSC NY Deal Making Conference. ICSC featured a new format at this years’ Conference. In addition to the deal making opportunities on Wednesday and Thursday, ICSC partnered with retailers and leading real estate companies to present several hour...
Update: Tip Pooling by Restaurant Owners Remains in Flux
This past April, we reported on a recent Ninth Circuit ruling which upheld a 2011 Department of Labor (“DOL”) rule that prohibits restaurants from instituting tip-pooling arrangements that include both front-of-house staff that are customarily and regularly tipped (such as waiters, waitresses, bellhops, and service bartenders) and back-of-house staff...
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...
Cannes Brick and Mortar Retail in the United States Make a Comeback?
2017 MAPIC Conference in Cannes, France Last week, a contingent from Goulston & Storrs attended the annual MAPIC conference in Cannes (pronounced “Can”), France for the seventh consecutive year. We expected to field questions about the challenges facing brick and mortar retailers in the United States as well as...
Looking Inside the Mind of a Gen Z Shopper
As the 2017 holiday season nears, consumers are getting ready to open their wallets and retailers are hoping their promotions will attract those consumers. Generation Z (“Gen Z”), which includes young people born in the mid-1990s to mid-2000s, is an important but often forgotten portion of the consumer population...
New Experiences, New Retail Opportunities
Despite all of the noise about the rise of e-commerce and omnichannel distribution and the demise of brick-and-mortar, 85% of retail sales are still made in physical stores , and physical stores will continue to be at the core of retailers’ efforts to enhance their brands and drive sales...
2017 ICSC US Shopping Center Law Conference
San Antonio was host to this year’s ICSC US Shopping Center Law Conference, which occurred from October 25 through October 28, 2017. In-house counsel, counsel from outside law firms, tenant’s lawyers, landlord’s counsel, paralegals, lease administrators and others involved in the retail business came together to discuss the changes...
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