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Emily Kappers

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On June 4, 2025, Crowell hosted its summer Crowell Atelier, a networking breakfast for luxury clients. Crowell’s Preetha Chakrabarti and Emily Kappers organized the event, which featured a presentation by Crowell partner Joanna Forster, a former e-commerce General Counsel and California state prosecutor. Joanna discussed potential reforms to Section 230 of the Communications Decency Act and possible state government activity that will follow from related federal actions, all of which may impact the retail industry.Continue Reading Crowell Atelier June 2025: What Luxury Retailers Need to Know About Possible Section 230 Reform

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Earlier this month, the U.S. District Court for the Northern District of California ruled in favor of Marc Jacobs and its retailers, refusing to grant summary judgment to Korean luxury skin-care company Amarte USA Holdings, Inc. on its claim that Marc Jacobs’ EYE-CONIC eye shadow infringed Amarte’s rights to its trademarked EYECONIC eye cream. Ruling on cross-motions for summary judgment, U.S. District Judge Charles R. Breyer found that there was no likelihood of confusion between the products, so Marc Jacobs and the retailers were not liable for trademark infringement or other claims hinging on consumer confusion.Continue Reading Northern District of California Wipes Away EYECONIC / EYE-CONIC Trademark Litigation

France is ramping up its enforcement efforts against counterfeit fashion as the 2024 Paris Olympics open. As it readied Paris for the Olympics, France reinforced existing efforts to dissuade consumers from purchasing and carrying knockoff goods and to target the vendors of these goods. In anticipation of a flood of tourists for the 2024 summer games, the French government has placed notices at its airports, warning consumers of the significant penalties they may face from buying and wearing counterfeit clothing and accessories, up to a €300,000 fine and three years’ imprisonment. It has also conducted raids on vendors selling counterfeit items, including an early April one where police shuttered almost a dozen sellers and seized 63,000 counterfeits, including bags and shoes, at the famed Saint-Ouen flea market.Continue Reading Authorities Go for Gold on Fake Fashion Enforcement as Paris Olympics Begin

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Last month, Senators Christopher Coons (D-Del.) and Chuck Grassley (R-Iowa), introduced a resolution designating July as “National Anti-Counterfeiting and Consumer Education and Awareness Month” (S. Res. 736). As counterfeits flood the market, totaling almost $3 billion in estimated retail value in 2023 alone, the resolution aims to increase anti-counterfeiting awareness for consumers and businesses alike.

In 2023, the United States seized over 23 million counterfeit goods, with an estimated retail value of $2.76 billion—nearly double the reported amount and value from 2020. Many things have contributed to this increase, including the continued expansion of e-commerce and a lack of consumer awareness.Continue Reading Keepin’ it Real: It’s National Anti-Counterfeiting Month

Taco

It seems most everyone has been closely monitoring Taco Bell’s cancellation proceedings directed to federal trademark registrations covering the TACO TUESDAY trademark.  On July 15, 2023, one of the registrants, Spicy Seasonings, LLC, withdrew its registration after decades of ownership, supporting Taco Bell’s allegations that the phrase is generic and therefore not protectable as a trademark.Continue Reading Something to Taco-Bout: Taco Bell Takes on TACO TUESDAY Trademark Registrations