Behind the Scenes

Arent Fox's advertising law blog - latest news and trends in advertising, data security & privacy, and fashion & entertainment.

Behind the Scenes

Anthony V. Lupo

Anthony V. Lupo
Partner
Washington, DC
202.857.6353

Anthony Lupo is a partner at Arent Fox and member of the executive committee. He primarily focuses in three areas: entertainment (representing clients such as Discovery Channel, Pixar and Oprah Winfrey Network), fashion (Lacoste, Diesel, Hugo Boss, and Escada), and advertising/data protection (PlayStation and Google). As such, he co-chairs the Intellectual Property practice and chairs the Fashion, Luxury Goods & Retail group.

Anthony is regarded as one of the premier intellectual property attorneys in the country. Chambers USA rates him as one of the few Tier 1 lawyers for intellectual property, the Washington Business Journal regards him as the District’s number one IP attorney, and World Trademark Review 1000 describes Anthony as one of only four “Band 1” attorneys in Washington, DC. The Washington Post reported that Anthony is making a “career out of breaking the mold of a typical DC regulatory lawyer,” while maintaining a “bustling entertainment practice that could rival that of a California firm.”

Client Work

In the media and entertainment area, Anthony’s clients include Pixar Animation Studios, Discovery Channel, Warner Bros. Entertainment Inc., Turner Broadcasting System, Inc., Oprah Winfrey Network, Disney, Google, Apple, YouTube, and LG.  His work in this field has been praised by those inside and outside the legal industry:

  • Chambers USA describes Anthony as the “go to” intellectual property lawyer on the East Coast for television and movie studios.
  • Legal 500 reports that Anthony “has an excellent reputation as relationship partner to marquee clients” and that the practice has “a fantastic reputation within the entertainment sector.”

For these clients and other major movie studios and a number of media/television companies, he represents them with all aspects of their entertainment business, including clearances of rights, content agreements, production agreements, music and media distribution agreements, international market entry, and protection and litigation of intellectual property rights.

Anthony has a great deal of experience in enforcing and protecting postmortem publicity rights, including representing the estate of Albert Einstein, the Wright Brothers, and Steve McQueen.

He is also one of the preeminent fashion law attorneys in the United States and the host of Fashion Counsel. His background in the fashion arena is geared more to that of a general counsel. Specifically, Anthony acts as outside general counsel for a number of high-end European fashion and luxury goods companies handling corporate, real estate, employment, class action, national and global distribution, fulfillment, and California-specific litigation (Prop 65, wage and hour, and false claims and unfair competition). His fashion and luxury goods clients include Lacoste, Diesel, Hugo Boss, Escada, Geox, Benetton, Sisley, Camper, Bebe, DSquared, Just Cavalli, and Maison Martin Margiela.

Additionally, Anthony’s advertising, privacy, and data security experience includes providing guidance on developing and implementing global data privacy and security policies and procedures for a number of leading companies, including Discovery Communications, Sony PlayStation, S&P, Lacoste, LG Electronics, Intersections, Hugo Boss, and Honda. In this regard, he advises clients on issues of data collection, data security, data transfer, privacy, cross-border issues, GLB, the EU Privacy Directive, and privacy as it relates to children. Anthony’s team also has a great deal of experience in advising clients on data breach issues and has been called in to respond to some of the largest data breaches in history.

Notably, Anthony is one of the few attorneys working with foreign governments to revise their intellectual property, which includes:

  • Assisting the Indonesian government in revising its intellectual property laws to comply with GATT
  • Advising the Saudi Arabian government on international intellectual property issues in its effort to join the WTO
  • Advising the Egyptian government on revising its intellectual property laws
  • Advising the Vietnamese government on implementing the US-Vietnam Bilateral Copyright Agreement
  • Lobbying the Office of the United States Trade Representative (USTR), the Patent & Trademark Office (PTO), and the Copyright Office regarding intellectual property and counterfeiting issues
  • Preparing international licensing and technology transfer agreements
  • Counseling clients on how to protect their intellectual property in foreign markets.

Anthony sits on the board of directors for the Smithsonian National Zoo, Discovery Channel Global Education Fund, and Escada.

Publications, Presentations and Recognitions

Anthony was named a Top Intellectual Property Attorney for 2005 by the Washington Business Journal, and has been recognized as a leading intellectual property attorney by publications such as Chambers USA, World Trademark Review, Legal 500, Super Lawyers, and The Best Lawyers in America. He has also been recognized as one of the leading technology and Internet attorneys by a number of publications, including PricewaterhouseCoopers’ Global Counsel. In December 2013, Washingtonian named Anthony a top lawyer in intellectual property in its biennial guide to the capital area's "Best Lawyers."

He often appears on CourtTV and National Public Radio as an entertainment and Internet legal professional and has been frequently quoted by newspapers and magazines, including The New York Times, Industry Standard, and The Los Angeles Times. He has also testified before Congress on the issue of e-commerce.

Anthony’s numerous speaking engagements include:

  • “Hot Advertising, Privacy, and Entertainment Topics for 2013,” Personal Care Products Council Annual Legal and Regulatory Meeting (Montreal)
  • NY Retail Summit (New York)
  • “Surviving a Data Breach” (Los Angeles)
  • “A Revolution in the Right of Publicity,” International Bar Association (Dublin)
  • Data Breach Seminar (Los Angeles)
  • “Data Protection and Privacy” (New York)
  • “Legal Issues Related to Film and Television Broadcasting, Production, and Financing,” Rio de Janeiro International Film Festival
  • “Sweepstakes, Social Media, and Privacy,” ACI (New York)
  • INTA/ASIPI
  • “Trademark and Other Legal and Business Considerations Regarding Social Media” (New York)
  • “Treating Fans Well While Preserving Your Revenue Streams (Right of Publicity and Athletes),” Sports Lawyers Association Conference (Washington, DC)
  • “Sports Right of Publicity and Social Media Legal Update,” ABA Forum on Entertainment and Sports Industries (New York)
  • “Advertising on Social Network Sites and Other Media,” Personal Care Products Conference (Vancouver)
  • “PCI-DSS: Legal Issues Related to Data Privacy and Security,” Hospitality Law Seminar
  • “Entry to the U.S. for Matters of Brazilian Products and Services,” Rio de Janeiro Association of Businesses and Property Exports Conference
  • “User Generated Content – Avoiding Legal Pitfalls and Maximizing Business Benefits,” IBA Conference (Madrid)
  • “Gray-Market Goods and Diversion of Product,” ASIPI/INTA Conference (Argentina)
  • “The DMCA Dilemma,” Consumer Electronics Show (Las Vegas)
  • “IP Online – Being Aware of Trademark and Copyright Boundaries in Advertising,” Advertising and Marketing Law Seminar (New York)
  • E-commerce and IPO issues, Internet World Conference (Hong Kong, Argentina, Venezuela, Chile, Spain, New York, Los Angeles, and Chicago)
  • “Rights and Royalties for Music on the Internet,” Billboard Magazine
  • “International E-Commerce Law and IPO Issues,” COMDEX (Brazil)
  • “Music on the Internet,” Practising Law Institute
  • “Protecting IP on the Web,” International E-Commerce, ACI (New York, San Francisco)
  • “Establishing an International E-Commerce Presence,” International Business Transactions (New York)
  • “Trademarks and the Internet,” Intellectual Property Owners Conference
 

Blog Posts by Anthony V. Lupo

Privacy & Security - US & Abroad
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Vizio Smart TVs Fail FTC Privacy Test

What’s the News?

The Federal Trade Commission is asking “who’s watching who?” in a recent settlement with Vizio over the consumer electronics brand’s smart TVs. Vizio’s settlement with the FTC and the New Jersey Attorney General comes in at $2.2 million after a complaint that Vizio tracked consumer viewing data on 11 million smart TVs since 2014 without their knowledge and sold it to third parties. Vizio must also delete all data collected up until March 2016, disclose its data practices, and improve its privacy policies.

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Payment Processing, Electronic Fund Transfers & Mobile Payments, Privacy & Security - US & Abroad
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New Version of Payment Card Information Standards Targets Recent Breach Issues

What’s the News?

Following recent updates, merchants and retailers will soon become subject to the updated Payment Card Information Data Security Standard (PCI DSS), the security standard that organizations need to follow if they handle credit and debit cards from major card companies, such as Visa, MasterCard and American Express. This round of changes will be known as version 3.2 of PCI DSS, and include significant guidance and updates on hot topics such as encryption and strong credentials. Compliance with the changes is important because companies that are subject to PCI DSS but fail to comply face exclusion from processing credit card payments and/or hefty fines. Sometimes, noncompliance could mean leaving open the doors to your cardholder data environment, thereby allowing hackers and malicious entities to enter.
 

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Advertising, Media & Entertainment, Privacy & Security - US & Abroad
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It's All A Game: Advertising, IP, and Privacy in Today’s Interactive Media

Interactive gaming, innovative app development, mobile expansion, new dimensions in AR and VR, and strides in your company's marketing strategy can press the boundaries of the current legal landscape. “Level Up” with Arent Fox as we discuss the legal issues in an intimate discussion that will address three areas that have the most play: advertising, intellectual property, and privacy interests. 

The panelists include:

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.