B.A.F.F.L.E.D. Fashion Law
Big Merger Style
After a little break in August, which we hope you enjoyed, too, we're back with a discussion on the collision of 2 of our favorite things--fashion and M&A (mergers and acquisitions).
Tapestry and Capri see things differently.
The yet to be united Tapestry and Capri believe this merger will not only be good for the consumer market, but for America on the luxury stage altogether. Tapestry claims the deal will spur innovation, optimize economies of scale on the business side and improve options, selection, and experience on the customers side.
The FTC counters with the claim the Tapestry foothold would drive up prices, limit consumer options, and make the "accessible luxury market" diminish greatly. They see it creating a greater divide between the haves and have-nots, hurting the economy versus doing any good. Understanding the power of these conglomerates in the marketplace, there's also a good chance this deal could push consumers to younger, upstart brands. This would be a positive for those companies, but the scope to which it'd be able to impact them is difficult to determine.
Proceedings could take a while, and they're just a little over a week into hearings thus far. If approved, the combo positions Tapestry in a similar vein to LVMH, and elevates the American luxury house in a space long dominated by European houses stunting brand heritage and legacy.
Being such a diverse nation, the hope is there will be great benefits in this deal across all of its many parts, for all of our many diverse business and consumer types.
We'll be watching this one...
B.A.F.F.L.E.D. Fashion Law
Guess Who's Back!!
Hey B.A.F.F.L.E.D. Family!
We hope you’re doing well, staying safe and healthy.
We know it’s been a while since we’ve posted, but the wait has been worth it! After our Founder, Victoria launched a private investing deal sourcing firm, we’re excited to include not only legal content here, but also important info on private investing. Our content will be essential to helping businesses grow and scale, and help investors grow wealth as well.
ALSO, we’ll be sharing exclusive content for subscribers, soon including office hours for your own time and guided insights. Be sure to subscribe!
We’re excited about this next step for B.A.F.F.L.E.D., and look forward to hearing your feedback and inquiries. Be sure to check out our past posts, especially B.A.F.F.L.E.D. Resources and Fashion Law Files. The information is still timely!
See you soon with more…
B.A.F.F.L.E.D. Fashion Law
France's Fashion Laws Could Influence Change in the U.S.--
While a change in the models we see strutting down the catwalk may be a fashion week or 2 away, a new French law could be just what effects the change. This past December, France passed a law ultimately protecting the health of fashion models, requiring medical professional clearance to work. The requirements are for both print and runway models.
The U.S. has taken a step to address child labor laws at the national level, but is also being pressed to do the same for adult models hitting runways, commercials, and print ads. With Paris being considered a fashion capital to many, this landmark change happening on their turf 1st is likely to force a tide change in other fashionable cities and countries as well. The American Journal of Public Health applauded the French law and encouraged something similar to pass in America. It is highly unlikely a designer would show looks on certain models in 1 city, without keeping those looks pretty similar in another.
On the heels of our race in fashion post, it is important to know diversity in fashion calls for both cultural and physical integration. As many French designers faced backlash for resisting the change and pressure to "infringe on their creative control", the same would be the case here if the battle got too hot. With many designers already responding to calls for more diversity in fashion--working to address both racial and physical inequalities in the industry, we are hopeful this trend will be as long-standing as denim in every closet.
International Business Times delved a bit deeper into this trend change. Check our more here.
...See, we told you fashion law was intellectual property and more!
While a change in the models we see strutting down the catwalk may be a fashion week or 2 away, a new French law could be just what effects the change. This past December, France passed a law ultimately protecting the health of fashion models, requiring medical professional clearance to work. The requirements are for both print and runway models.
The U.S. has taken a step to address child labor laws at the national level, but is also being pressed to do the same for adult models hitting runways, commercials, and print ads. With Paris being considered a fashion capital to many, this landmark change happening on their turf 1st is likely to force a tide change in other fashionable cities and countries as well. The American Journal of Public Health applauded the French law and encouraged something similar to pass in America. It is highly unlikely a designer would show looks on certain models in 1 city, without keeping those looks pretty similar in another.
On the heels of our race in fashion post, it is important to know diversity in fashion calls for both cultural and physical integration. As many French designers faced backlash for resisting the change and pressure to "infringe on their creative control", the same would be the case here if the battle got too hot. With many designers already responding to calls for more diversity in fashion--working to address both racial and physical inequalities in the industry, we are hopeful this trend will be as long-standing as denim in every closet.
International Business Times delved a bit deeper into this trend change. Check our more here.
...See, we told you fashion law was intellectual property and more!
B.A.F.F.L.E.D. Fashion Law
"I'll Just Get Another One"--Is Fast Fashion Killing Your Pocket?
Today, we quickly run to stores like Zara, H&M, or Forever 21 (me included, but I'm working on improving my ethical fashionista practices, ok?!). While those stores give us the quick fix we need, often at their risk of an infringement lawsuit, they also present problems for our pocketbooks. With a plethora of reasonably priced costume jewelry, t-shirts and dresses to last for a few wears, it's hard not to fall into the trap of spending. Unfortunately, the trap is actually a spiral.
When fashion first hit the map in the way we know it today--you know, when Charles Worth started putting labels with his name on them in the garments he made--consumers were not only buying custom pieces, but making investments. We're a bit departed from that today.
Today, we quickly run to stores like Zara, H&M, or Forever 21 (me included, but I'm working on improving my ethical fashionista practices, ok?!). While those stores give us the quick fix we need, often at their risk of an infringement lawsuit, they also present problems for our pocketbooks. With a plethora of reasonably priced costume jewelry, t-shirts and dresses to last for a few wears, it's hard not to fall into the trap of spending. Unfortunately, the trap is actually a spiral.
Going back to the days of Charles Worth, garments, and probably accessories, too were made to last. Shoppers considered them investments. They may have had to wear them a bit more often than we'd like to don outfits these days, but the pieces were solid. They should have been, and should be. They were quality. Today, the garments at fast fashion outlets not only skirt the line of infringing on a designer's hard work (both established and new designers), but also put a hurting on the pocketbook--subconsciously.
What consumers aren't considering when buying 5 dresses for $100 is, "they'll be back". They'll be back soon. Those $20 dresses will only last so long before falling victim to the washing machine or an easily snapped string one way or another. At first blush, the response is--"I'll get another one." Yep, and put more money into the hands of companies with questionable labor practices or terrible corporate cultures--the discriminatory and disrespectful kind. (See Zara) We'll continue to help the owners of Zara and H&M be 2 of the 10 richest people on the planet. What's also happening is more money coming out of the consumer's pocket. Every single time a purchase is made for a quick fix, it's less money to be spent on something made of better quality; something which will last longer and wear better.
Very few of us are completely innocent in feeding this bad habit. Hopefully though, we'll all think twice when we turn down the $45 garment for 3-$50 ones. Sometimes, that's a great deal. Sometimes, it's a raw deal.
For more on ethical fashion, click here!
B.A.F.F.L.E.D. Fashion Law
The True Cost: A Fashion Documentary Behind Manufacturing--
While many see fashion and the industry at large to be frivolous and superficial, it's actually a billion-dollar market with many very serious issues. Garment production is one of the most serious--especially when it comes to the working conditions employees are subject to.
The fast-fashion niche, you know--the likes of Forever 21, H&M, Zara, etc.--have created their own place in the industry. This segment has many positives, particularly for young shoppers, shoppers on a budget, and anyone needing something trendy in a hurry. However, negatives have come along with this market, too. They've been on the receiving end of lawsuits for infringement on high fashion/designer styles, discriminatory hiring practices, and the labor conditions of their factories. Fast-fashion is all about filling the racks in a hurry. Someone has to make those garments--often under harsh conditions.
Things have changed drastically over the last few decades. In the 1960s, 95% of American attire was made right here in the states. Now, that number is flipped to about 97% produced overseas.
Executive Producer Livia Firth of The True Cost, a documentary digging deep into a number of these issues, noted at the NY screening "We are sold this myth that to buy a dress for under $10 is democratic--but it's democratic for who? We discard faster and faster, and that is how the consumer becomes poorer and poorer. 2 of the 10 richest men in the world are the owners of Zara and H&M. I think it says a lot about how they make their money."
Her film delves into the realities of factory workers in places like Bangladesh and Columbia. It puts a face behind the garments so many throw on and throw away. Stepping far behind the scenes of your favorite mall stop, you'll see a story behind every thread, of people who can't afford what they make, and what they endure during production.
Check the trailer. This is a must-see.
The True Cost is currently available on iTunes, Amazon, DVD, and Blu-ray.
For more on labor issues in fashion, click here.
While many see fashion and the industry at large to be frivolous and superficial, it's actually a billion-dollar market with many very serious issues. Garment production is one of the most serious--especially when it comes to the working conditions employees are subject to.
The fast-fashion niche, you know--the likes of Forever 21, H&M, Zara, etc.--have created their own place in the industry. This segment has many positives, particularly for young shoppers, shoppers on a budget, and anyone needing something trendy in a hurry. However, negatives have come along with this market, too. They've been on the receiving end of lawsuits for infringement on high fashion/designer styles, discriminatory hiring practices, and the labor conditions of their factories. Fast-fashion is all about filling the racks in a hurry. Someone has to make those garments--often under harsh conditions.
Things have changed drastically over the last few decades. In the 1960s, 95% of American attire was made right here in the states. Now, that number is flipped to about 97% produced overseas.
Executive Producer Livia Firth of The True Cost, a documentary digging deep into a number of these issues, noted at the NY screening "We are sold this myth that to buy a dress for under $10 is democratic--but it's democratic for who? We discard faster and faster, and that is how the consumer becomes poorer and poorer. 2 of the 10 richest men in the world are the owners of Zara and H&M. I think it says a lot about how they make their money."
Her film delves into the realities of factory workers in places like Bangladesh and Columbia. It puts a face behind the garments so many throw on and throw away. Stepping far behind the scenes of your favorite mall stop, you'll see a story behind every thread, of people who can't afford what they make, and what they endure during production.
Check the trailer. This is a must-see.
The True Cost is currently available on iTunes, Amazon, DVD, and Blu-ray.
For more on labor issues in fashion, click here.
B.A.F.F.L.E.D. Fashion Law
International Production: Fashion's Trip Around the World--
Over the last few weeks, there have been numerous reports about the conditions of textile factories. These establishments have had subpar working conditions and are havens for unruly demands upon the workforce. The impact on the labor force is major. Workers in Zara's Argentinean factory were working 16 hours with no break, in dimly lit spaces. Children worked there, too. Moving production is definitely now a consideration. A Bangladesh factory, riddled with code violations and poor working conditions collapsed in late April. A worker was found in the wreckage a few weeks later.
The impact on the fashion industry is major, too. Factories are shifting production to other countries because of rising wages and labor shortages in China. China has long been an international capital of clothing production, but a shift appears to be afoot. Lever Style, founded in Hong Kong, produces attire for a number of American apparel companies. Their employee count has dropped by 1/3 in the last 2 years. Like other garment manufacturers and designer brands, other locations for production are catching their eye.
Coach is shifting production to other countries, reducing reliance on China. Nordstrom is moving to India. They have 450 factories on 40 countries. China is the world's largest recipient of foreign direct investment, although growth is starting to decrease. U.S. retailers profit margins average 1-2% according to National Retail Federation.
Production location is less important to retailers, while quality is paramount. Uniqlo is the largest apparel chain in Asia. It makes 70% of its clothing in China.
So why not have more production here? American citizens simply live in a different world with different expectations. The conditions laborers accept overseas would hardly fly here. Many countries just don't have the employment law standards and practices so common here. Is this any reason to keep production out of the States? Is this system just part of the globalization scene, letting each nation do what they do best?
What do you think? Should we have more clothing production here, or keep things as they are?
Over the last few weeks, there have been numerous reports about the conditions of textile factories. These establishments have had subpar working conditions and are havens for unruly demands upon the workforce. The impact on the labor force is major. Workers in Zara's Argentinean factory were working 16 hours with no break, in dimly lit spaces. Children worked there, too. Moving production is definitely now a consideration. A Bangladesh factory, riddled with code violations and poor working conditions collapsed in late April. A worker was found in the wreckage a few weeks later.
The impact on the fashion industry is major, too. Factories are shifting production to other countries because of rising wages and labor shortages in China. China has long been an international capital of clothing production, but a shift appears to be afoot. Lever Style, founded in Hong Kong, produces attire for a number of American apparel companies. Their employee count has dropped by 1/3 in the last 2 years. Like other garment manufacturers and designer brands, other locations for production are catching their eye. Coach is shifting production to other countries, reducing reliance on China. Nordstrom is moving to India. They have 450 factories on 40 countries. China is the world's largest recipient of foreign direct investment, although growth is starting to decrease. U.S. retailers profit margins average 1-2% according to National Retail Federation.
Production location is less important to retailers, while quality is paramount. Uniqlo is the largest apparel chain in Asia. It makes 70% of its clothing in China.
So why not have more production here? American citizens simply live in a different world with different expectations. The conditions laborers accept overseas would hardly fly here. Many countries just don't have the employment law standards and practices so common here. Is this any reason to keep production out of the States? Is this system just part of the globalization scene, letting each nation do what they do best?
What do you think? Should we have more clothing production here, or keep things as they are?
B.A.F.F.L.E.D. Fashion Law
Is there a Place for Fashion Law in the
Caribbean?
By Contributing Editor, Sonya Stewart
Fashion Law’s place within the legal
field cannot be denied. As Entertainment Law came into its own by way of a
compilation of several legal disciplines; so too has Fashion Law as the
cultural and economic importance of the fashion industry increases on a daily
basis. Now classified as a movement in the legal arena, Fashion Law has been gracing
law firms, court rooms and fashion houses with its presence in the United
States, Canada, Europe, South America... but what about the Caribbean?
Susan Scafidi, the first professor to
ever offer a course in Fashion Law tells us that -as long as there have been
people making clothes, there have been occasions to consult lawyers[1]-
then there is no denying that as the fashion and apparel industry accounts for
4% of the Global GDP (a sum in excess of 1 trillion per year)[2];
an industry of this size would undoubtedly engender reoccurring legal problems
and concerns.
So the next step would be to examine
the Caribbean’s fashion industry. Is there a fashion industry in the Caribbean?
Is this industry such that would propel the need for a legal discipline in its
own right to combat the peculiar challenges of fashion entities-these entities being
fashion houses, designers, modeling agencies, models, department stores and
anyone working within the apparel and accessories industry?
Suffice it to say, the Caribbean does
have a fashion industry, where "according
to rough estimates, the Caribbean Fashion Industry — English, French, Spanish
and Dutch — is conservatively worth J$10 billion ($111.1million USD) per year.
Given the relative infancy and underdevelopment of the regional industry, one
could assume a value of 10 times this amount, once fully developed[3]”
as noted by Kingsley Cooper, Chairman of the Caribbean Fashion Industry
Association, CEO of Pulse Models and mastermind behind Caribbean Fashion Week.
In 2007, deputy Prime
Minister of Barbados Mia Motley spoke of the importance of the fashion industry
to Barbados’ development: “I am confident that fashion could provide an export
base for Barbados…we have the wisdom of investing in Intellectual Property and
the rewards it offers”[4].
With such an achievement and promising
future, there is no doubt that there are and will be many legal issues
surrounding Caribbean fashion. In fact, there are a myriad of examples of
intellectual property issues in Caribbean fashion (of which I’ll give an
example) which a learned fashion law student, fashion blogger and fashion
lawyer knows is only one of the basic pillars of fashion law. To the fashion
law virgin, the discipline also entails business and finance [advertising law, commercial
sales, real estate law (or real property/land law as classified in the
Caribbean)] international trade and government regulations (customs, employment
law, safety and sustainability) and customer culture and civil rights[5].
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Take for example, in 2011 when
Caribbean International Fashion Week appropriated Pulse’s Caribbean Fashion
Week’s logo in advertisements for the event to be held the same week as the
Caribbean event and even started off using the name “Caribbean Fashion Week”[6].
Luckily CFW’s creator, Kingsley Cooper, an attorney at law; quickly got an
injunction from a court to stop the misappropriation of the Caribbean event.
The popularity of Pulse’s yearly
staging of CFW cannot be disputed as well. In June 2012, a total of 51 collections from 50 designers took to the
runway in Kingston (Jamaica), the fashion capital of the Caribbean over a four
day period. Designers came from Barbados, Haiti, Turks and Caicos, Trinidad
& Tobago, Belize, Suriname, The Dominican Republic as well as from the UK
and US.
Within the fashion apparel academic
sphere as well, we have seen the emergence of the importance of legal knowledge
related to the business of fashion. The Caribbean Academy of Fashion and Design
(CAFD) at the University of Trinidad & Tobago’s (which offers a Bachelor of
Fine Arts Degree in Fashion Design) co-program leader and fashion management
coordinator Lisa Sinanan exclaims that “it’s a billion-dollar industry and it
can be dog-eat-dog as well. You have to be able to know how to ensure that your
designs are not stolen, how to protect yourself. That is why we have taught the
students about business law, intellectual property rights and copyrights”[7].
An extrapolation of the figures related
to the Caribbean fashion industry illustrates that there is more than a place
for Fashion Law in the Caribbean. I say the practice of Fashion Law already
exists in the Caribbean by an extension of legal representation for fashion
clients; but its recognition as a distinctive field in Commonwealth Caribbean law
does not exist, at least not yet (but that’s just my opinion).
There has to be acceptance by the Commonwealth
Caribbean legal fraternity for lawyers in the region to consider themselves
“fashion lawyers”. As beautifully stated by author and Professor at the Fashion
Institute of Technology, Guillermo Jimenez “tens or even hundreds of millions
of dollars…can turn on the interpretation of the wording in a fashion contract;
lawyers, judges, and juries now need to understand what fashion is and how the
industry operates. Fashion companies now require the very finest legal counsel”[8].
With that we can accept that as the
Caribbean fashion industry grows, so too will the need for Commonwealth
Caribbean judges, juries and lawyers to understand the uniqueness of Caribbean
fashion. It is fair to accept that fashion law has a place in the Caribbean.
The region must now develop legal tools to facilitate the Caribbean fashion
industry as every business needs legal support so why not the business of
Caribbean fashion?
[1] Fashion Law
http://intro.counterfeitchic.com/
[2] Michael
Flanagan How Retailers Source Apparel,
Just-Style. Jan 2005
[4] Jamaica
Gleaner. Bajan Invasion http://jamaica-gleaner.com/gleaner/20070615/social/social1.html
[5] Susan
Scafidi Flat Fashion Law! The Launch of a
Label-And a New Branch of Law. Jan 2012
[6] Carolyn Cooper Follow Fashion Monkey http://jamaica-gleaner.com/gleaner/20110612/cleisure/cleisure3.html
[7] Panache
Jamaica Magazine. Revolutionizing T &
T’s fashion industry http://www.panachejamagazine.com/index.php?option=com_k2&view=item&id=734:revolutionising-tt%E2%80%99s-fashion-industry&Itemid=58
[8] Jimenez
& Kolsun. Fashion Law: A Guide for Designers, Fashion Executives and
Attorneys Fashion Law: Overview of a New
Legal Discipline