Saved By The Trinkets
Hello loves,
Are any of you an aspiring luxury handbag designer? Recently, I had to do some extensive research on, how a designer goes about acquiring protection for their original designs. As many of you may already know, you are not able to gain protection for any feature of your design that is “functional”. Function, meaning that in order to make the object what it is, certain aspects are needed. An example of a functional aspect is the standard buttons on a coat. However, if a designer goes as far as to 1) create a sculptured button that is an original idea, 2) that can stand alone as a piece of art if separated from the coat; those decorative/ornamental, buttons can be gain copyright protection.
How does this apply to handbags? Before law school I often wondered how despicable individuals, were able to take a handbag and create look alike knockoffs. Well, know that I am completely judging anyone who would take someone else’s idea and try to pass it off as their own. Even in the fashion industry this is still considered stealing!
First, if you are a designer of handbags, you are able to copyright and or trademark all parts of your handbag that is NOT functional, but conveys information. Therefore, all elaborate designs that are your original creation such as graphics, embroidery, unique designs in fabric and very unique jacquard weaving, can be federally protected.Brand logos are protectable, too,
Second, high end handbags have trinkets on them that are removable. If you take a closer look, these trinkets usually resemble the designer’s federally protected trademark in a three dimensional form. Some bags also have a silk lining that reflect the designer’s trademark.
As a designer, you have a right for your customer to not be confused as to the source and quality of their merchandise. Therefore, although someone can disrespectfully create a look alike of your work, they are not able to use an exact replica of your original designs without your permission. If you successfully obtain federal protection of your marks, and or graphics design, you are on your way to gaining notoriety in the fashion industry. Notoriety is your trade dress, which is the image are you recognized by and the way it is displayed in the market.
Third, get to work. Go forth and be creative. Put your designs out for the public to purchase.
Until next time…
SPOT THE FAKE...
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!!
IP, Internet & New Media Sections
Present
Fashion Forward: Wearable Tech, Design Patents, Privacy, and the latest Fashion Law Cases!
Learn the latest in fashion law innovations: Wearable technology and where it is headed, how to use design patents as protection, privacy issues in the fashion industry (who is monitoring you!), what you need to know about FTC issues regarding sponsored products in fashion blogs, plus the Varsity case which is on deck to be heard by the Supreme Court in 2017!
Speakers:
Victoria Burke, Esq. Director of Business Development, Raw Science TV
Craig Gelfound, Esq. Partner, Head of Arent Fox's Intellectual Property Group (LA office) and Adjunct Professor at Southwestern Law School
Danielle Garno, Esq. Shareholder, Greenberg Traurig LLP- Fashion Law Practice
Hillary Kane, Esq. Professor of Fashion Law at Southwestern Law School, of Counsel at altView Law Group, and Founder of Raising Kane Consulting
When:Thursday, January 12, 2017, 12:00 pm to 2:00 pm(Program at 12:30pm)
Where: Lawry's the Prime Rib (Directions, Free Underground Parking)
$0 - Members of The Order of Distinguished Attorneys
$45- BHBA Members who pay in advance*
$245 - Non-BHBA Members who pay in advance*
Interested in Membership?Try it Free, No Commitment, for 30 days
Azita Mirzaian, Esq. & Michael Lovitz, Esq - Section Co-Chairs
Martin Keleti, Esq. - Vice Chair | Victoria Burke, Esq. - Program Chair
* Advanced registration closes 24 hours prior to event time. Registrations received thereafter include a $25 additional fee. Full refund with 48 hours notice. Raincheck with 24 hours notice.
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.5 Hours of Participatory Creditand the Beverly Hills Bar Association certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.
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