Leading figures from the music, apparel and luxury jewelry sectors joined Katten Intellectual Property Partners Karen Artz Ash, National Co-Chair of the firm’s Trademark, Copyright and Privacy practice, and Jessica Kraver, at the ANA Advertising Law Conference on March 20 in Katten’s New York office.

Special guests David Ash, CEO and General Counsel of Sam Ash Music, the family-owned musical instruments and sound equipment business founded in 1924; Benjamin Harris, Chief Commercial Officer for fashion brand Rag & Bone; and Pamela Weinstock, Managing Counsel, Intellectual Property, for Tiffany & Co., discussed the intersection of current legal and business concerns in retail.

The integration of physical stores with e-commerce and online marketing has become critical to retail success, the speakers noted, especially after the COVID-19 pandemic upended longstanding norms and expectations. Harris said Rag & Bone’s customers crave the physical, social aspect of in-person shopping but also expect a “frictionless” experience online. He emphasized the company’s efforts to synchronize the tone and spirit of the brand conveyed in store and on the web. Ash, meanwhile, discussed Sam Ash Music’s investment in providing excellent online and telephone customer service, which the company boosted after the pandemic. The three speakers shared the challenges they face with phishing sites that scrape content from the web and defraud consumers by posing as real brands or authorized retailers.

Many businesses have come to rely on social media influencers to generate goodwill for their products, but the relationship between brands and influencers comes with legal risks, especially those related to advertising and consumer protection. Weinstock highlighted the importance of a diversified image strategy that relies both on shorter-term arrangements with social media influencers and on longer-term partnerships with high-profile brand ambassadors. She also said consumers are increasingly aware of the commercial relationship between brands and influencers.

The speakers further addressed the importance of a balanced online advertising strategy and the evolution of global privacy laws as they relate to measuring online engagement.