B.A.F.F.L.E.D. Fashion Law
Fab Fashion Law News from 2015--
It's the time of year--and frankly the last day--do to these listicles discussing the year that was. While we've retired our weekly Tuesday Tops feature (which still has great stuff to check out), we still like the idea of compiling solid, handy lists.
Since fashion law is our specialty, and we want you to stay as up-to-date as possible on our favorite field, we're listing the Top Fashion Law Stories of 2015. Let's hit it backwards, starting with last week...
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Fashion Law Is Back on Capitol Hill--Child Labor Laws for Fashion Shows
Blissful Ignorance: Abercrombie Can't Pretend They Didn't Know They Were Discriminating By: Dana Martin
Why You Should Care About Fashion Law By: Dana Martin
Can't wait for more fashion law news in 2016!
B.A.F.F.L.E.D. Fashion Law
Big Brands Keep Fighting Fakes--
Counterfeiting is about 2% of world trade--equating to about $1trillion, according to the International Chamber of Commerce. Make no mistake, many purchasers of counterfeits were never going to purchase the real thing anyways. But, some were, and got bamboozled. Whether they were looking for the real thing or just something to pass at a quick glance, the harm done by fakes doesn't change. There's a cost far greater than the black market price.
Counterfeits are making waves in the fashion industry and it's nothing good. In recent months, designers have had to step their protection game up in several ways, just to keep the infringers at bay. As reported earlier this week, Christian Louboutin, Jimmy Choo, Celine and others have sought a slew of design patents to protect their creations.
The lack of copyright protection in America makes protection a bit of a challenge. Trade dress, trademark, and patents are heavily depended on, but take some time to secure. Stella McCartney had to sue Steve Madden for infringement on her "Falabella" bag--a bag already holding 2 design patents for its continuous chain design. Tory Burch also came up big recently in fighting for her "Isis Cross" trademark. She won $38.9M in a lawsuit against Lin & J to protect her trademark. Despite claiming victory over YSL, Louboutin is still awaiting trademark validity from the EU. This stems from their 2013 battle with Van Haren infringing on the red soles.
While keeping us showered with designs for the new season, designers have to keep an eye on the counterfeit market. According to NetNames, a London-based brand protection firm, counterfeiting is getting a consistent boost from e-commerce, channeling sales up about 15%. Much of the items are sourced through China--nearly 70%. The raw materials are there. The factories are there. And, the labor is pretty inexpensive. An NYC couple was was just charged with conspiring to traffic counterfeits after being caught with over 130,000 counterfeit items in their rented warehouse. Many of the goods were said to have been sourced from China. It's the largest source, but certainly not the only.
Counterfeiting is about 2% of world trade--equating to about $1trillion, according to the International Chamber of Commerce. Make no mistake, many purchasers of counterfeits were never going to purchase the real thing anyways. But, some were, and got bamboozled. Whether they were looking for the real thing or just something to pass at a quick glance, the harm done by fakes doesn't change. There's a cost far greater than the black market price. B.A.F.F.L.E.D. Fashion Law
Louboutin Adds Protection with Design Patents--
Fab shoemaker Christian Louboutin is always working to protect his brand. His latest attempt has been obtaining a design patent for his spiked toe design. He's already overcome the red sole battle, and is now continuing on in making sure there's no confusion as to what belongs to him and only him.
In addition to the spiked toe patent, CL has about 10 others. His design patents include some of his lace-up boots and stuffed flats...surely more are to come. Be careful doing your fall and winter shopping. There's likely to be fakes out there. Christian isn't the only one protecting his brand with every design protection option possible. Jimmy Choo, YSL (a former Louboutin opponent in court), and Celine are just a few others also taking the protection to the next level.
With the counterfeit market grossing in the billions, no chances can be taken!
For more on Intellectual Property Basics, click here. And for a plethora of fashion law news and tips, click here!
Fab shoemaker Christian Louboutin is always working to protect his brand. His latest attempt has been obtaining a design patent for his spiked toe design. He's already overcome the red sole battle, and is now continuing on in making sure there's no confusion as to what belongs to him and only him.
In addition to the spiked toe patent, CL has about 10 others. His design patents include some of his lace-up boots and stuffed flats...surely more are to come. Be careful doing your fall and winter shopping. There's likely to be fakes out there. Christian isn't the only one protecting his brand with every design protection option possible. Jimmy Choo, YSL (a former Louboutin opponent in court), and Celine are just a few others also taking the protection to the next level.With the counterfeit market grossing in the billions, no chances can be taken!
