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
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
France Takes A Stand Against Unhealthy Modeling--
Just as U.S. Congresswoman Meng (D-NY) is working to address child labor issues in the United States, France is working to improve the culture of fashion modeling in one of the industry's oldest markets.
To ensure the reforms are real, France is requiring doctors' approval for models to participate in shows, proving they are not too thin, and healthy enough to take the catwalk. This is a major step in an industry that's been fighting labor health and image issues for so long. The bill passed by the French National Assembly also requires photos which have edited a model's appearance to note what edit was made.
Similar to the laws already in place in Italy, Spain, and Israel, France's law includes fines for modeling agencies and advertisers in non-compliance. While there is no law of this kind in America, we hope this is the start of a trend to promote not only healthy bodies in the modeling industry--of all sizes, but positive body images and high self-esteem, too.
Cheers to France on this move.
Just as U.S. Congresswoman Meng (D-NY) is working to address child labor issues in the United States, France is working to improve the culture of fashion modeling in one of the industry's oldest markets.
To ensure the reforms are real, France is requiring doctors' approval for models to participate in shows, proving they are not too thin, and healthy enough to take the catwalk. This is a major step in an industry that's been fighting labor health and image issues for so long. The bill passed by the French National Assembly also requires photos which have edited a model's appearance to note what edit was made.
Similar to the laws already in place in Italy, Spain, and Israel, France's law includes fines for modeling agencies and advertisers in non-compliance. While there is no law of this kind in America, we hope this is the start of a trend to promote not only healthy bodies in the modeling industry--of all sizes, but positive body images and high self-esteem, too.
Cheers to France on this move.
B.A.F.F.L.E.D. Fashion Law
Fashion Law and the Local Economy--
Fashion law is in fact taking over the globe. But, its impact is local in nature, too. Despite there being an ongoing battle for protection of fashion designs at the national level in the U.S., many large cities, are doing their part to protect brands as well as their local economies.
While fashion trends change almost faster than the seasons, brands are made to last forever. Creators set out to achieve longevity. In recent years, there have been a number of efforts to curb harm to brands. Whether it be through the sale of fakes, thereby infringing on trademarks, or even penalizing the consumers of fakes, local governments are taking no prisoners in preserving the integrity of fashion.
What's been happening?!
What's set to happen next?
Local governments are pressed to keep up the services they've been able to provide. We need smooth streets and snow plowed, right? Losing out on tax revenue is no help. Locales with counterfeit districts, like Canal St. in NYC are watching for dealers who skimp residents of their service money and are issuing penalties left and right. Cities with flea markets are heavily watching the products coming through their borders, too. Many large flea markets have been the scene of busts when local or federal authorities uncover fakes sold by vendors.
Surely fashion industry leaders like Susan Scafidi and Diane von Furstenberg will continue working with the CFDA on federal legislation as well.
We'll continue watching the counterfeit scene. You should do the same. Fakes are never in fashion.
Fashion law is in fact taking over the globe. But, its impact is local in nature, too. Despite there being an ongoing battle for protection of fashion designs at the national level in the U.S., many large cities, are doing their part to protect brands as well as their local economies.
While fashion trends change almost faster than the seasons, brands are made to last forever. Creators set out to achieve longevity. In recent years, there have been a number of efforts to curb harm to brands. Whether it be through the sale of fakes, thereby infringing on trademarks, or even penalizing the consumers of fakes, local governments are taking no prisoners in preserving the integrity of fashion.
What's been happening?!
- Both coasts are equipped with amazing fashion law programs to help train upcoming lawyers in this billion-dollar industry. The Fashion Law Institute at Fordham and the Fashion Law Project at Loyola dig deeply into fashion law issues. Being in the garment districts of the nation's 2 largest cities doesn't hurt either.
- In 2011, the New York City Bar Association established a fashion law committee. Many bar associations across the country have held symposiums on the topic since then.
- In 2013, NY Councilwoman Margaret Chin introduced an ordinance to penalize counterfeit purchasers. It's not far-fetched--Italy, France, and England all penalize consumers for purchasing fakes. The NYC measure didn't pass, but it definitely got the attention of counterfeiters and the impact tax avoidance has on the local economy. She introduces a subsequent effort to prohibit the storage or sale of fake goods in any NYC building. She's not giving up on this.
- Chicago makes necessary use of its Trademark Violation Ordinance, which revokes the business licenses of retailers possessing and selling counterfeits. O'Hare Airport, recently named the busiest in the U.S. has uncovered millions in fakes at their international gates as well.
- North Carolina isn't playing any games either. The Secretary of State's office led police throughout NC on Operation Faux Pas, seizing more than $12million in fakes across the state.
What's set to happen next?
Local governments are pressed to keep up the services they've been able to provide. We need smooth streets and snow plowed, right? Losing out on tax revenue is no help. Locales with counterfeit districts, like Canal St. in NYC are watching for dealers who skimp residents of their service money and are issuing penalties left and right. Cities with flea markets are heavily watching the products coming through their borders, too. Many large flea markets have been the scene of busts when local or federal authorities uncover fakes sold by vendors.
Surely fashion industry leaders like Susan Scafidi and Diane von Furstenberg will continue working with the CFDA on federal legislation as well.
We'll continue watching the counterfeit scene. You should do the same. Fakes are never in fashion.
B.A.F.F.L.E.D. Fashion Law
Will Phone Check be the New Coat Check?
We've talked a number of times about the ease of infringement at fashion shows. With New York Fashion Week closing today, it's a good time to think about how NYFW and fashion weeks across the States could be changing. Unlike in Europe, America has no federal protection for fashion designs. The utility argument continues. This brings up the question of how and what designers will do to protect their precious works of art.
New technology as a threat
With technology improving every day, and camera phones being so commonplace, designers could be expected to ban these devices from their shows. Instead of checking your coat, you'll have to check your phone at the door. Press would be allowed in, but forced to sign strict agreements on distribution of the photos they take. It sounds outrageous, but is not far-fetched. Infringement lawsuits are getting filed left and right these days. With the quickness and ease of social media, designs are always in harms way.
Everyone knows attendees quickly take photos of their favorite styles, send them to manufacturers and have them on the racks at places like Forever 21 faster than the original designer can make another for their own collection. We've heard this line so many times before.
Still not having federal legislation to protect fashion designs under copyright--only prints and patterns have this security--designers are constantly looking for something to protect themselves. Otherwise, trademark and design patents are pretty much the only options.
Should cities offer protection? What can they do?
Many say there is no real harm to the lower-priced copies. The shoppers at one price point are not the shoppers at another. This debate will continue. Should fashion week host cities come up with their own solutions? Would you surrender your phone at the door of a fashion show?
What are your thoughts?
B.A.F.F.L.E.D. Fashion Law
The Battle of Counterfeits in Big Cities: Part 1--
Is your city struggling with the counterfeit market? Mine is. Chicago, like many other cities is doing its best to protect the intellectual property of fashion designers. Because the counterfeit industry is a billion-dollar market, both the federal and local governments must stay on their toes in this battle.
The Legislature and Fashion Law: Partners Against Crime
Just recently, NYC Councilwoman Margaret Chin again filed an ordinance to punish purchasers of counterfeit goods. Canal Street in New York, as well as various other locations are widely known for their stock of counterfeit goods. Many put this shopping spot on their itinerary when heading to the Big Apple. Will this legislation deter tourists from heading to NYC?
Although her legislation has not reached the point of passing, she's quite adamant about the need. Designers surely agree. Concerns have come up about the reason for punishing the consumer, but the sale of counterfeits is already a punishable offense. And to be honest, consumers know when they're buying a fake. There are so many signs. Chin said. “If you go into a back room, basement or van, you probably know what you’re doing is not legal.” Well put Councilwoman.
As we've noted before, designer products are in the market in 4 classes:
(1) The real thing
(2) The real thing....but the designer finds something about it imperfect for sale
(3) A great fake; looks real, but it's not. This item is a counterfeit.
(4) A terrible fake. Sellers and buyers should know and do better. These are knockoffs, when Coach "C"s become Gs, Gucci "G"s look like Cs, and maybe this bag is sold at a mall kiosk. Tell tale signs are evident it's not real.
This diagram from our friends at Fox Rothschild helps determine a fake Louis Vuitton. We'll share more tips as this series continues.
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Law Enforcement Does Their Part: My beloved Chicago is also fighting the battle against fakes. From September 2011 through the same time in 2012, Chicago saw more than 100,000 fakes seized, totaling to more than $5million. In conjunction with the U.S. Immigration and Customs Enforcement's Office of Homeland Security Investigations, the Cook County Sheriff has worked to follow the trail of the counterfeit, often leading them to flea markets and even purse parties. They are then often able to follow the trail back to the source.
The trail of the counterfeit is what makes this phenomenon so interesting. The route is quite interesting and includes pieces like contracts, licensing, and labor agreements.
Stay tuned for next week's Part 2 on counterfeits in big cities, where we'll trace the trail of counterfeits to their source.
The Legislature and Fashion Law: Partners Against Crime
Just recently, NYC Councilwoman Margaret Chin again filed an ordinance to punish purchasers of counterfeit goods. Canal Street in New York, as well as various other locations are widely known for their stock of counterfeit goods. Many put this shopping spot on their itinerary when heading to the Big Apple. Will this legislation deter tourists from heading to NYC?
Although her legislation has not reached the point of passing, she's quite adamant about the need. Designers surely agree. Concerns have come up about the reason for punishing the consumer, but the sale of counterfeits is already a punishable offense. And to be honest, consumers know when they're buying a fake. There are so many signs. Chin said. “If you go into a back room, basement or van, you probably know what you’re doing is not legal.” Well put Councilwoman.
As we've noted before, designer products are in the market in 4 classes:
(1) The real thing
(2) The real thing....but the designer finds something about it imperfect for sale
(3) A great fake; looks real, but it's not. This item is a counterfeit.
(4) A terrible fake. Sellers and buyers should know and do better. These are knockoffs, when Coach "C"s become Gs, Gucci "G"s look like Cs, and maybe this bag is sold at a mall kiosk. Tell tale signs are evident it's not real.
This diagram from our friends at Fox Rothschild helps determine a fake Louis Vuitton. We'll share more tips as this series continues.
.jpeg)
Law Enforcement Does Their Part: My beloved Chicago is also fighting the battle against fakes. From September 2011 through the same time in 2012, Chicago saw more than 100,000 fakes seized, totaling to more than $5million. In conjunction with the U.S. Immigration and Customs Enforcement's Office of Homeland Security Investigations, the Cook County Sheriff has worked to follow the trail of the counterfeit, often leading them to flea markets and even purse parties. They are then often able to follow the trail back to the source.
The trail of the counterfeit is what makes this phenomenon so interesting. The route is quite interesting and includes pieces like contracts, licensing, and labor agreements.
Stay tuned for next week's Part 2 on counterfeits in big cities, where we'll trace the trail of counterfeits to their source.
B.A.F.F.L.E.D. Fashion Law
Federal Legislation is Back!
It's been a busy week in fashion law. Protection for fashion designs has been a battle on Capitol Hill for sometime now. Just yesterday, Senator Schumer filed S. 3523, as the latest attempt to protect what designers hold dear.
Here are the details:Filed Monday, September 10, 2012 by Senator Schumer
-Protection for fashion designs are provided for apparel bearing a unique, distinguishable, non-trivial and non-utilitarian variation over prior designs for similar types of articles. Apparel is to include men's women's, children's clothing, handbags, eyewear, and belts.
-Infringing designs are those deemed to be "substantially identical" to a protected design. Substantially identical means an article of apparel which is similar in appearance as to be likely too be mistaken for the protected design, and contains only those differences in construction or design which are merely trivial.
-Designs not subject to protection include: designs made public by the designer or owner before the date of enactment of this law, or more than 3 years before the date protection of the design is provided.
-Designs will be protected for a term of 3 years.
-If an owner spots infringement: The owner of the design shall provide written notice of the design protection to any person they reasonable believe has violated or will violate their protection.
-Infringers will only be liable for damages and profits accrued after the date the action for infringement begins.
Infringing article is any article the design of which has been copied from a design protected under the IDPA or from an image thereof, without the consent of the owner of the protected design. An infringing article is not an illustration or picture of a protected design in a advertisement, book, periodical, newspaper, photo, broadcast, movie or similar medium.
Home sewn articles for personal use and not for sale of trade are not considered infringing articles.
-Protection begins: when the design is made public and the 21-day period for review has run. Penalties for infringement will range from $5,000 - $10,000
The Senate will mark this one up on Thursday. Stay tuned!
*Tuesday Tops will return next week