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.
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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
Will Chinese Tariffs Further Fuel Fakes?
If you've been watching national news lately, you know the president is pushing for tariffs on items imported from China. This has a major impact on local and state governments in America, who rely on Chinese companies for some of their infrastructure items like railcars, for example. Certainly we support domestic jobs and manufacturing, but the reality is, much has moved overseas. These are the cards dealt.
Imposing these tariffs could really hit closer to home--literally, if clothing and beauty items are swept into the list. The likelihood is there. Not only would items like synthetic and human hair be included, but lipstick, shampoos, and other essentials. Consumers will really flock to small business if that becomes the case (which we support!). The tariffs could also have an impact on the creative industry, in further flourishing the counterfeit market. Like the now-shifting market in Iran, the love for high fashion, but barriers to enter the market can call for desperate measures.
Counterfeit luxury items are sold openly in Iran. It's almost a market necessity, as the global economy was long cut off because of international sanctions. Importers have struggled to bring good into the country. Consumers haven't let their wants struggle. Neither have knockoff merchants. As many sanctions have been relaxed over the last couple years, the market is sliding toward change, but not easily. Despite super conservative leadership in Iran, counterfeiters found ways to get consumers what they wanted--even if it meant taking on detested Western ways of loving luxury.
The proposed Chinese tariffs in America could make for a similar situation. Sure, there's already a counterfeit market here, and it's unlikely there won't always be one. But, if brands are cut off in such a way to create burdens consumers aren't used to, counterfeiters will definitely find a way to meet demand--whatever it takes. When it comes to counterfeits in the health and beauty industry, it's more than just bags with questionable logos. Formulas and chemical compounds are at stake. Health is a whole different ballgame.
As hearings continue on this issue in D.C., it is worth keeping an eye on. Will counterfeits be king?
If you've been watching national news lately, you know the president is pushing for tariffs on items imported from China. This has a major impact on local and state governments in America, who rely on Chinese companies for some of their infrastructure items like railcars, for example. Certainly we support domestic jobs and manufacturing, but the reality is, much has moved overseas. These are the cards dealt.
Imposing these tariffs could really hit closer to home--literally, if clothing and beauty items are swept into the list. The likelihood is there. Not only would items like synthetic and human hair be included, but lipstick, shampoos, and other essentials. Consumers will really flock to small business if that becomes the case (which we support!). The tariffs could also have an impact on the creative industry, in further flourishing the counterfeit market. Like the now-shifting market in Iran, the love for high fashion, but barriers to enter the market can call for desperate measures.
Counterfeit luxury items are sold openly in Iran. It's almost a market necessity, as the global economy was long cut off because of international sanctions. Importers have struggled to bring good into the country. Consumers haven't let their wants struggle. Neither have knockoff merchants. As many sanctions have been relaxed over the last couple years, the market is sliding toward change, but not easily. Despite super conservative leadership in Iran, counterfeiters found ways to get consumers what they wanted--even if it meant taking on detested Western ways of loving luxury.
The proposed Chinese tariffs in America could make for a similar situation. Sure, there's already a counterfeit market here, and it's unlikely there won't always be one. But, if brands are cut off in such a way to create burdens consumers aren't used to, counterfeiters will definitely find a way to meet demand--whatever it takes. When it comes to counterfeits in the health and beauty industry, it's more than just bags with questionable logos. Formulas and chemical compounds are at stake. Health is a whole different ballgame.
As hearings continue on this issue in D.C., it is worth keeping an eye on. Will counterfeits be king?
B.A.F.F.L.E.D. Fashion Law
Business and Legal Tips for the Emerging Designer--
Just this past Friday, I got the magnificent opportunity to sit on a fashion law panel, hosted by the Fashion Law Society at John Marshall Law School in Chicago. It was a great event, and now the 3rd time I've presented at one of their Symposiums. Always a great time.
As I, and the 3 other attorneys on the panel took questions, we were asked everything from the best way to set up a fashion business, to the means for protecting a brand once it's up and running. We gave many tips and cautions, but it reminded me of the information right here to share with designers and brand managers for protecting what's rightfully yours.
Here are some of the tips we've shared in the past. Take a look, and let us know what else you'd like to see.
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B.A.F.F.L.E.D. Fashion Law
France Continues Lead in Positive Body Imaging--
In late 2015, France took a stand against negative body images continuing to rule the fashion industry. The nation began requiring fashion models to provide a doctor's approval, certifying they were healthy enough to walk the runway. As a cornerstone in the age old fashion industry, France's moves are always seen with deference. The U.S. has made attempts to address child labor laws, but are still working on achieving something similar for adults. The American Journal of Public Health praised what France did in '15.
This time, France is requiring publishers and photographers to include a warning label, "Photographie Retouchee'", on any picture with retouched or photoshopped models. Major fines will be assessed if the warning is not included. The hook is to warn consumers when they are seeing an image of a model altered to look skinnier than they actually are---further "skinny praising", less natural body praising in general.
The law was first filed in 2009, but hasn't come to fruition until now. Over the years, there's been praise and opposition for it. Some see it as necessary to reversing the many years of trends in skinny overruling all other sizes. Others see it as unnecessary--"we know ads are made to sell dreams and make-believe".
How do you think this will work? Is it necessary? Should other countries require it, too?
In late 2015, France took a stand against negative body images continuing to rule the fashion industry. The nation began requiring fashion models to provide a doctor's approval, certifying they were healthy enough to walk the runway. As a cornerstone in the age old fashion industry, France's moves are always seen with deference. The U.S. has made attempts to address child labor laws, but are still working on achieving something similar for adults. The American Journal of Public Health praised what France did in '15. This time, France is requiring publishers and photographers to include a warning label, "Photographie Retouchee'", on any picture with retouched or photoshopped models. Major fines will be assessed if the warning is not included. The hook is to warn consumers when they are seeing an image of a model altered to look skinnier than they actually are---further "skinny praising", less natural body praising in general.
The law was first filed in 2009, but hasn't come to fruition until now. Over the years, there's been praise and opposition for it. Some see it as necessary to reversing the many years of trends in skinny overruling all other sizes. Others see it as unnecessary--"we know ads are made to sell dreams and make-believe".
How do you think this will work? Is it necessary? Should other countries require it, too?
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| This photo shows a body chain made by B.A.F.F.L.E.D. fave, Ready to Stare - a body positive brand. |
B.A.F.F.L.E.D. Fashion Law
Technology One-Ups Counterfeits--
Just when the counterfeit market thought it was gaining, particularly with retail experiencing a stumbling block, technology has stepped in to do what it does best--change the game. To fight back against fakes in the market, the folks at Entrupy created a scanner to determine the real from the fake.
Obviously you can train a machine to do almost anything these days. Now, this machine-learning system can scan an item and with up to 98.5% accuracy, determine whether it's the real deal or just another really good copy. As you know, goods are in the market in 4 different classes. This device will be able to separate the 1s from the 2s with almost complete certainty. Because of its advanced technology, it will also be improving its accuracy with every use.
Entrupy won't be marketed to the individual consumer, but primarily geared toward retailers looking to ensure they are selling genuine products, and not gray market goods--those made in legit factories, but outside contracted terms. This device will also put gray marketers on the defense, forcing them to find ways to defeat the system. The goal of the scanner is to ensure trust in what consumers are purchasing.
"We built Entrupy as a scalable and versatile platform in response to the rapidly growing counterfeiting issue and need for trust when it comes to product transactions." Vidyuth Srinivasan, Entrupy's co-founder told Digital Trends.
This device will most certainly give the gray market a run for its money. It may press legislators to act on further protecting designs as well.
For more on gray market goods, click here.
Just when the counterfeit market thought it was gaining, particularly with retail experiencing a stumbling block, technology has stepped in to do what it does best--change the game. To fight back against fakes in the market, the folks at Entrupy created a scanner to determine the real from the fake.Obviously you can train a machine to do almost anything these days. Now, this machine-learning system can scan an item and with up to 98.5% accuracy, determine whether it's the real deal or just another really good copy. As you know, goods are in the market in 4 different classes. This device will be able to separate the 1s from the 2s with almost complete certainty. Because of its advanced technology, it will also be improving its accuracy with every use.
Entrupy won't be marketed to the individual consumer, but primarily geared toward retailers looking to ensure they are selling genuine products, and not gray market goods--those made in legit factories, but outside contracted terms. This device will also put gray marketers on the defense, forcing them to find ways to defeat the system. The goal of the scanner is to ensure trust in what consumers are purchasing.
"We built Entrupy as a scalable and versatile platform in response to the rapidly growing counterfeiting issue and need for trust when it comes to product transactions." Vidyuth Srinivasan, Entrupy's co-founder told Digital Trends.
This device will most certainly give the gray market a run for its money. It may press legislators to act on further protecting designs as well.
For more on gray market goods, click here.
B.A.F.F.L.E.D. Fashion Law
SCOTUS Changes Fashion Law Forever--
Until now, no case hailing from the niche of fashion law had stepped onto the U.S. Supreme Court stage. A decision this week has changed that.
The Star Athletica v. Varsity Brand case has become a trailblazer for copyright in the fashion industry. Just yesterday, the SCOTUS found decorative items--specifically those common on cheerleading uniforms--to be protectable under copyright law. This ruling is contrary to years of cases in lower courts, where opinions have continuously determined decorative elements of clothing were inseparable from the garments themselves.
In the only apparel-related case to ever come across the docket, the Supreme Court made a determination which could change the fashion industry forever. Law360 noted, "The question before the justices was how courts should decide when such “separability” exists, an issue that has split lower courts. Fashion companies pushed for a looser approach that would allow them to protect more apparel with copyrights; consumer advocates called for a tighter approach, meaning less protection and more competition."
The fashion companies won.
With this ruling, designers now have a gateway to protecting the artistic elements of their designs, and drawing a long-awaited distinction between their unique work, and a useful item (clothing). Surely this case will set the stage for more litigation, as designers will have firm ground to stand on when exercising their vigilance in protecting their work. It may also set the stage for shocking the conscious of the counterfeit market.
This has been quite the fight for those of us knee-deep in the fashion law industry. What will fashion law conquer next?
Until now, no case hailing from the niche of fashion law had stepped onto the U.S. Supreme Court stage. A decision this week has changed that.
The Star Athletica v. Varsity Brand case has become a trailblazer for copyright in the fashion industry. Just yesterday, the SCOTUS found decorative items--specifically those common on cheerleading uniforms--to be protectable under copyright law. This ruling is contrary to years of cases in lower courts, where opinions have continuously determined decorative elements of clothing were inseparable from the garments themselves.
In the only apparel-related case to ever come across the docket, the Supreme Court made a determination which could change the fashion industry forever. Law360 noted, "The question before the justices was how courts should decide when such “separability” exists, an issue that has split lower courts. Fashion companies pushed for a looser approach that would allow them to protect more apparel with copyrights; consumer advocates called for a tighter approach, meaning less protection and more competition."
The fashion companies won.
With this ruling, designers now have a gateway to protecting the artistic elements of their designs, and drawing a long-awaited distinction between their unique work, and a useful item (clothing). Surely this case will set the stage for more litigation, as designers will have firm ground to stand on when exercising their vigilance in protecting their work. It may also set the stage for shocking the conscious of the counterfeit market.
This has been quite the fight for those of us knee-deep in the fashion law industry. What will fashion law conquer next?
B.A.F.F.L.E.D. Fashion Law
Beverly Hills Fashion Law Symposium 1/12!
Fashion Forward: Wearable Technology, Design Patents, Privacy, and the latest Fashion Law Cases--
It's time again for some fab fashion law symposiums! Well, it's actually always time, but the next one is fast approaching. The fashionable folks at the Beverly Hills Bar Association are hosting a wonderful panel discussion this coming Thursday! Some fashion law faves will be presenting, so we know it's sure to be a good time.
Check out the details below and register NOW!!
Fashion Forward: Wearable Technology, Design Patents, Privacy, and the latest Fashion Law Cases--
It's time again for some fab fashion law symposiums! Well, it's actually always time, but the next one is fast approaching. The fashionable folks at the Beverly Hills Bar Association are hosting a wonderful panel discussion this coming Thursday! Some fashion law faves will be presenting, so we know it's sure to be a good time.
Check out the details below and register NOW!!
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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
Burberry Trailblazes "See Now, Buy Now"; Skirts Fakes
With smartphones being more commonplace than almost
any other item in our daily lives, they've had both positive and harmful affects on the fashion industry. The "Runway to Rack" model has created its own lane in fashion, and unfortunately hurt designers. This is the business model allowing a photo of a runway design to immediately hit a manufacturing table, and in as little as 2 weeks--a fast fashion rack. Luxury, and even startup brands have struggled with this quite a bit in the last decade or so. Technology, talent, and sales all cut both ways.
any other item in our daily lives, they've had both positive and harmful affects on the fashion industry. The "Runway to Rack" model has created its own lane in fashion, and unfortunately hurt designers. This is the business model allowing a photo of a runway design to immediately hit a manufacturing table, and in as little as 2 weeks--a fast fashion rack. Luxury, and even startup brands have struggled with this quite a bit in the last decade or so. Technology, talent, and sales all cut both ways.
"See Now, Buy Now"
Burberry is changing the tide. Starting in September, the iconic British luxury brand will start hosting only 2 runway shows a year, and make the looks seen on the runway immediately available for purchase. Versus Versace has endeavored on something similar. This will certainly help in circumventing how the "Runway to Rack" method has cramped high fashion's brand protection.
More Changes Coming?
This new approach will continue Burberry's show of leadership in digital marketing, as well as complement the CFDA's review of the traditional fashion calendar. Social media is clearly showing it is here to stay. Burberry is showing its longevity is, too.
Thanks to Fashionista.com for this tip!
B.A.F.F.L.E.D. Fashion Law
Same Shirt, Different Name--Zara Sued (Again) for Copying--
Zara was just sued by the socially-conscious brand, Reformation for infringing on their model-moniker-bearing sweatshirt design. Reformation previously sold a plain grey sweatshirt with model Cindy Crawford's name across the chest. Zara is now selling a similarly styled shirt--but bearing the model Elle Macpherson's name.
Zara still has the shirt up for sale on their site, though a cease and desist letter has to be in transit as we speak. There are clearly some trademark and even publicity rights issues on hand here as well. Who knows if Elle approved of the shirt. Reformation actually got permission from Cindy Crawford for the sweatshirt bearing her name. She posed for promos.
This will be interesting...yet familiar territory for Zara. They've been sued in the past for copying, namely by Christian Louboutin. Tom Ford has expressed frustration in being copied by Zara--Dior, Celine, and Kenzo have been aggravated as well.
Here they go again.