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.

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 Fix
What's Happening With Handbags?!
Over the last 2 years, the handbag market has seen its share of struggles. Brands like Coach and Michael Kors have opened new store after new store, more outlet shops, and even lowered some of their prices. This sounds good. Having the numbers to grow your brick and mortar presence is always a good thing. Or is it?
Alone, growing in brick and mortar is good, but the handbag market suffered a bit last year, growing just around 2%. Sure, that's hard to see as a struggle in a $9.3billion industry, but best believe, the brands are feeling it. Some of the reason for the shift is discounting and brand saturation. Other contributors are the trends toward specialty bags--whether it be a collaboration between Kerry Washington and Aquatalia, or a cause-focused bag focused on an important social issue. Consumers are increasingly enjoying putting their money behind a cause, and getting style as an added bonus.

It's hard to think handbags would go out of style. It really is quite unlikely. But, like everything else, there are industry ups and downs. With the rise in e-commerce, retail is experiencing a shift away from traditional shopping. Marketplaces like Amazon and Etsy are providing challenging circumstances for shopping mall staples like Macy's, Wet Seal, and The Limited. Now they've had some real struggles!
Surely in readjusting their prices, and being conscious about bag placement, luxury designers will rebound from this slump they've seen recently. The question is, how will e-commerce and the "app age" play into their future success? Marketing gurus certainly have a challenge on their hands. Retail execs, too.
Over the last 2 years, the handbag market has seen its share of struggles. Brands like Coach and Michael Kors have opened new store after new store, more outlet shops, and even lowered some of their prices. This sounds good. Having the numbers to grow your brick and mortar presence is always a good thing. Or is it?
Alone, growing in brick and mortar is good, but the handbag market suffered a bit last year, growing just around 2%. Sure, that's hard to see as a struggle in a $9.3billion industry, but best believe, the brands are feeling it. Some of the reason for the shift is discounting and brand saturation. Other contributors are the trends toward specialty bags--whether it be a collaboration between Kerry Washington and Aquatalia, or a cause-focused bag focused on an important social issue. Consumers are increasingly enjoying putting their money behind a cause, and getting style as an added bonus.

It's hard to think handbags would go out of style. It really is quite unlikely. But, like everything else, there are industry ups and downs. With the rise in e-commerce, retail is experiencing a shift away from traditional shopping. Marketplaces like Amazon and Etsy are providing challenging circumstances for shopping mall staples like Macy's, Wet Seal, and The Limited. Now they've had some real struggles!
Surely in readjusting their prices, and being conscious about bag placement, luxury designers will rebound from this slump they've seen recently. The question is, how will e-commerce and the "app age" play into their future success? Marketing gurus certainly have a challenge on their hands. Retail execs, too.
B.A.F.F.L.E.D. Fashion Law
Cultural Appropriation & Fashion Law--
One of the first cases making waves in this new year is Navajo Nation's lawsuit against Urban Outfitters. It began in 2012 when Navajo Nation sued the retailer for using "Navajo" to describe a variety of items--including underwear and flasks.
Last week, the judge on the case ruled the Nation has standing to protect use of the term "Navajo", keeping it from being used, particularly when the usage is inappropriate, unauthorized, and undesirable. Clearly these items are not genuine Navajo. The Indian Arts and Craft Act gives Native American tribes the tools necessary to protect their culture and how it is uses in the marketplace. Urban Outfitters claims the term "Navajo" is a generic term, simply used to describe. Members of Navajo Nation obviously disagree. This case will likely go to trial, as Navajo Nation is seeking damages--now for an undisclosed amount.
This case could provide the landmark decision on cultural appropriation. But, where are the lines? Many celebrities have been accused of cultural misappropriation lately, and a case like this could absolutely provide a pathway for the handling of cultural mishandlings. In a letter from a Member of the Navajo Nation to Urban Outfitters CEO, the writer expressed complete disgust over their "blatant racism and perverted cultural approbation".

We've seen Urban Outfitters with such fashion faux pas before--like "Obama Black" Holocaust Shirt". What are they not getting?!? In the past, they explained themselves saying it was a careless error in how they edited their website. Apparently there was also an "Obama Blue" shirt. Emm. Ok. They seem to get this wrong quite a bit...
To what degree do we own our cultural practices? What cultural practices mean the most to you? Why?
Discuss!

Last week, the judge on the case ruled the Nation has standing to protect use of the term "Navajo", keeping it from being used, particularly when the usage is inappropriate, unauthorized, and undesirable. Clearly these items are not genuine Navajo. The Indian Arts and Craft Act gives Native American tribes the tools necessary to protect their culture and how it is uses in the marketplace. Urban Outfitters claims the term "Navajo" is a generic term, simply used to describe. Members of Navajo Nation obviously disagree. This case will likely go to trial, as Navajo Nation is seeking damages--now for an undisclosed amount.
This case could provide the landmark decision on cultural appropriation. But, where are the lines? Many celebrities have been accused of cultural misappropriation lately, and a case like this could absolutely provide a pathway for the handling of cultural mishandlings. In a letter from a Member of the Navajo Nation to Urban Outfitters CEO, the writer expressed complete disgust over their "blatant racism and perverted cultural approbation".

We've seen Urban Outfitters with such fashion faux pas before--like "Obama Black" Holocaust Shirt". What are they not getting?!? In the past, they explained themselves saying it was a careless error in how they edited their website. Apparently there was also an "Obama Blue" shirt. Emm. Ok. They seem to get this wrong quite a bit...
To what degree do we own our cultural practices? What cultural practices mean the most to you? Why?
Discuss!
B.A.F.F.L.E.D. Fashion Law
Fast Fashion Has In-Fighting Over Copies--
Retailer H&M is suing its fellow fast fashion colleague, Forever 21 over copyright infringement. H&M claims Forever 21 is selling a "Beach Please" bag, distinctly made for H&M, which was also registered for a copyright this past June. The sales have continued even after cease and desist letters.

It will be interesting to see how this one plays out. Forever 21 is known for settling their infringement suits under the table. Maybe this will be no different. There are many arguments on both sides for protection of fashion designs expanding past prints and patterns. Usually, the fight is between a luxury retailer and fast fashion giant...or even a boutique designer and established retailer. How will 2 common infringers settle it? Nevertheless, there's something more to be hammered out here.
For more on fashion law and infringement's damage, check out these posts!