Considerations for Protecting Your Brand and Customers During a Pandemic, Part 2

Recently, because of some desperation to sell low-quality goods, there has also been a dramatic increase in the misuse of leading brand names to sell infringing and/or counterfeit goods. The brand names are often used as part of a longer semi-descriptive name of a product on an online retailer site. Use of your mark, sprinkled on webpages, helps internet search engines find this abuser’s page, and these uses are most often illegal.

To read the full text of this post, the second of a multipart series, by Duane Morris patent agent Nicole Candelori and partner Alain Villeneuve, please visit the Duane Morris Fashion, Retail and Consumer Branded Products Blog.

New Jersey Announces Plan for the Restart of Non-Essential Construction and the Curbside Reopening of Non-Essential Retail Stores

On May 13, New Jersey Governor Murphy announced the permissible reopening of nonessential retail stores for curbside pick up, and drive thru attractions, as well as the authorization for nonessential construction to resume.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

 

Considerations for Protecting Your Brand and Customers During a Pandemic

As most brick and mortar stores across the U.S. remain closed due to the COVID-19 pandemic, phishing scammers have ample opportunities to attack the retail industry online by stealing customer data.

To read the full text of this post, the first of a multipart series, by Duane Morris patent agent Nicole Candelori and partner Christiane Schuman Campbell, please visit the Duane Morris Fashion, Retail and Consumer Branded Products Blog.

Ohio Governor Unveils Industry-Specific Protocols for “Responsible Restart Ohio” Amid the COVID-19 Crisis

On April 27, 2020, Ohio Governor Mike DeWine announced statewide protocols for businesses to reopen in phases starting on May 1, 2020, the date when the current stay-at-home order for Ohio expires. In the press conference announcing the plans, Governor DeWine identified the following dates when operations that are not permitted under the current order may resume: (1) May 1 for elective medical procedures not requiring an overnight hospital stay; (2) May 4 for manufacturing, distribution and construction and office businesses; and (3) May 12 for consumer, retail and service businesses.

To read the full text of this Duane Morris Alert, please visit the firm website.

Pennsylvania Extends Stay-at-Home Order Until May 8, but Eases Some Restrictions

On April 20, Governor Tom Wolf extended Pennsylvania’s stay-at-home order until May 8, 2020.

The governor indicated he would be using a region-by-region approach that is data-driven and will include strict social-distancing measures as he considers reopening parts of Pennsylvania.

However, he announced three actions that offer some flexibility to businesses, including permitting curbside pickup of orders at state liquor stores, allowing auto sales online and opening what he said were limited construction activities statewide. More specific guidelines will be released at a later date.

To read the full text of this Duane Morris Alert, please visit the firm website.

Maryland Executive Order Requires Face Coverings for Public Transportation, Foodservice and Retail Establishments; Physical Distancing in Retail Spaces

On April 15, 2020, Maryland Governor Larry Hogan signed an Executive Order requiring Marylanders to wear face coverings under certain circumstances, including when using public transportation and when inside of foodservice and/or retail establishments. The order also requires retail establishments to post signage concerning the face covering requirement and to take other physical distancing measures. Any person who knowingly and willfully violates the order will be charged with a misdemeanor, subject to imprisonment of up to one year and a fine of up to $5,000, or both.

To read the full text of this Duane Morris Alert, please visit the firm website.

New Jersey and New York Governors Mandate Masks and Other Measures to Protect Workers and Citizens

Governors Cuomo and Murphy announced additional measures intended to protect workers and citizens in New York and New Jersey.

On April 12, 2020, New York Governor Andrew Cuomo issued Executive Order 202.16, which will require employees of essential businesses who are present in the workplace to wear face coverings when in direct contact with customers or members of the public. This order goes into effect April 15, 2020, at 8:00 p.m.

On April 8, 2020, New Jersey Governor Phil Murphy issued Executive Order 122, which created new restrictions and requirements applicable to certain employers across the state, specifically those involved in warehousing, manufacturing, essential retail businesses and construction. In addition to closing all nonessential construction, the order mandates various new requirements employers must implement such as policies for employees to wear cloth face coverings and gloves. Executive Order 122 went into effect on April 10 at 8:00 p.m.

To read the full text of this Duane Morris Alert, please visit the firm website.

Major Retailers Furlough Employees

Some of America’s most prominent publicly traded retailers announced that they would furlough bricks-and-mortar employees as the economy has frozen due to stay-at-home orders to stop the spread of the coronavirus.

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According to the United States Department of Labor report on weekly claims that was issued April 2, the advance figure for seasonally adjusted initial claims during the week ending March 28 was 6,648,000, which is an increase of 3,341,000 from the previous week’s level. In California, the state’s Employment Development Department reported 878,727 unemployment-insurance claims for the week ending March 28. Claims for the week ending March 21 were reported at 186,333. According to Dominica Anderson, partner and team lead for Fashion, Retail and Consumer Branded Products at law firm Duane Morris LLP, much uncertainty remains regarding the future of brands in the apparel industry.

“When you look at the financial impact, I’ve read that reports show some companies are self-reporting that they may take up to a 15 percent hit, others are speculating they will have an 85 percent reduction in profit. Those are pretty big swings,” she said. “In the near future, we’re going to see a larger number of the unemployment applicants from the fashion industry.”

To read the full article, visit the California Apparel News website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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