B.A.F.F.L.E.D. Fashion Law
The Latest in Fashion Law: News & Updates--
A lot has been going on in fashion law lately, so we want to make sure you're up to speed. Here's the latest:
Ralph Lauren forced to destroy knockoffs
In October, Converse sued a bunch of designers who infringed on their famous Chuck Taylor shoe. Now, as part of their settlement, RL has decided to destroy their 36 infringing styles, along with all molds and materials used to make them. Trademark protection is everything. Even big brands get caught up in it.
Seahawks are protecting their fans
Just in time for the Super Bowl, the Seattle Seahawks are working to trademark the number "12" and "boom". After successfully registering "Legion of Boom", efforts to secure "12th man"and just the number "12" in jersey font have proven a bit more difficult because of marks already in use. The Seahawks aren't giving up, though. They're working to find as much specificity as possible to protect what's pushed them to their 2nd Super Bowl in 2 years. Good luck!
Federal Agents Seize Super Bowl Fakes
While Seattle is trying to protect their brand, the NFL is working to do the same for theirs. Just this past weekend, near Phoenix, about $1million in knockoff NFL merchandise was seized by the feds. Merchandise included watches, other jewelry, and even flasks. Yikes.
"Faking It" exhibit continues at FIT
New York's Fashion Institute of Technology recently launched an exhibit in their museum examining the history of copying, both authorized and unauthorized, as the $600billion counterfeit industry continues to threaten designers. Faking It: Originals, Copies and Counterfeits displays genuine and copied items from designers like Louis Vuitton and Coco Chanel--2 designers who have actually stood on opposite sides of the issue. Following Charles Fredrick Worth's debut of a label in his designs in 1903, brands like Louis Vuitton have worked tirelessly to protect themselves against fakes. Meanwhile Madam Chanel once said "One should not bother to protect that which dies the minute it is born". Is she right?
Patrons of the exhibit get to check out bags, suits, dresses and more, all while comparing the real to the fake. A little fashion law history is laid out as well. The exhibit lasts until April 25th.
Louis Vuitton and Google partner to fight fakes
Continuing their quest to forever protect their well-known brand, LVMH is now working with Google to keep the conglomerate safe on the internet. After filing many lawsuits against Google for harboring ads and sales of infringing merchandise, the 2 major brands have signed a cooperation agreement, promising to end their legal dispute. The deal provides for each side to combine their resources to keep counterfeit LV items from being marketed and sold via the internet giant.
Is this the start of stronger crackdowns? Let's keep watching.
A lot has been going on in fashion law lately, so we want to make sure you're up to speed. Here's the latest:
Ralph Lauren forced to destroy knockoffs
In October, Converse sued a bunch of designers who infringed on their famous Chuck Taylor shoe. Now, as part of their settlement, RL has decided to destroy their 36 infringing styles, along with all molds and materials used to make them. Trademark protection is everything. Even big brands get caught up in it.
Seahawks are protecting their fans
Just in time for the Super Bowl, the Seattle Seahawks are working to trademark the number "12" and "boom". After successfully registering "Legion of Boom", efforts to secure "12th man"and just the number "12" in jersey font have proven a bit more difficult because of marks already in use. The Seahawks aren't giving up, though. They're working to find as much specificity as possible to protect what's pushed them to their 2nd Super Bowl in 2 years. Good luck!
Federal Agents Seize Super Bowl Fakes
While Seattle is trying to protect their brand, the NFL is working to do the same for theirs. Just this past weekend, near Phoenix, about $1million in knockoff NFL merchandise was seized by the feds. Merchandise included watches, other jewelry, and even flasks. Yikes.
"Faking It" exhibit continues at FIT
New York's Fashion Institute of Technology recently launched an exhibit in their museum examining the history of copying, both authorized and unauthorized, as the $600billion counterfeit industry continues to threaten designers. Faking It: Originals, Copies and Counterfeits displays genuine and copied items from designers like Louis Vuitton and Coco Chanel--2 designers who have actually stood on opposite sides of the issue. Following Charles Fredrick Worth's debut of a label in his designs in 1903, brands like Louis Vuitton have worked tirelessly to protect themselves against fakes. Meanwhile Madam Chanel once said "One should not bother to protect that which dies the minute it is born". Is she right?
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| Afternoon Dress by Charles Fredrick Worth (1903) |
Patrons of the exhibit get to check out bags, suits, dresses and more, all while comparing the real to the fake. A little fashion law history is laid out as well. The exhibit lasts until April 25th.
Louis Vuitton and Google partner to fight fakes
Continuing their quest to forever protect their well-known brand, LVMH is now working with Google to keep the conglomerate safe on the internet. After filing many lawsuits against Google for harboring ads and sales of infringing merchandise, the 2 major brands have signed a cooperation agreement, promising to end their legal dispute. The deal provides for each side to combine their resources to keep counterfeit LV items from being marketed and sold via the internet giant.
Is this the start of stronger crackdowns? Let's keep watching.
B.A.F.F.L.E.D. Fashion Law
The Root of Fashion Week...is Fashion Law--
Clearly, questioning the validity of fashion law is fading. There was a time when "fashion law" got blank stares and/or a series of questions. That response is escaping, as it should be. Today, with fashion being such a major focal point in our economy and everyday lives, people understand what it is and why it's needed.
The root of fashion law goes back to the start of fashion in general--likely the times when Sir Charles Fredrick Worth began putting tags with his name on it in the dresses he designed. As we continue in excitement about New York Fashion Week, we can point to fashion law as its source. We mentioned Dressing Constitutionally as a new must-read for legal fashionistas. Now, Intellectual Property at the Edge: The Contested Contours of IP, a book edited by professor Jane C. Ginsburg of Columbia Law School, is due out this year.
The new book includes a chapter by Columbia Professor C. Scott Hemphill. He discusses the start of the Fashion Originators' Guild of America--a union of designers working together to keep their designs protected. They agreed not to work with entities who infringed on the designs of members, thereby supporting the counterfeit and knockoff market. You can even see some of their authorized labels here. In 1941, the U.S. Supreme Court denied their attempts at protecting themselves as violations of antitrust law.
Despite the ruling of the Court, the Guild's seasonal shows of their original work strolled on. This was not only their way of showing their stuff, but letting everyone know it belonged to them. It was also the mother of the modern-day New York Fashion Week.
“The Fashion Originators’ Guild of America: Self-Help at the Edge of IP and Antitrust,”, Professor Hemphill's chapter in the book takes a deeper look into the court case, antitrust issues, and where protection of fashion designs currently lies. See, fashion law is not only real, but more established than you'd think.
Can't wait to read this one!