B.A.F.F.L.E.D. Fashion Law
International Production: Fashion's Trip Around the World--
Over the last few weeks, there have been numerous reports about the conditions of textile factories. These establishments have had subpar working conditions and are havens for unruly demands upon the workforce. The impact on the labor force is major. Workers in Zara's Argentinean factory were working 16 hours with no break, in dimly lit spaces. Children worked there, too. Moving production is definitely now a consideration. A Bangladesh factory, riddled with code violations and poor working conditions collapsed in late April. A worker was found in the wreckage a few weeks later.
The impact on the fashion industry is major, too. Factories are shifting production to other countries because of rising wages and labor shortages in China. China has long been an international capital of clothing production, but a shift appears to be afoot. Lever Style, founded in Hong Kong, produces attire for a number of American apparel companies. Their employee count has dropped by 1/3 in the last 2 years. Like other garment manufacturers and designer brands, other locations for production are catching their eye.
Coach is shifting production to other countries, reducing reliance on China. Nordstrom is moving to India. They have 450 factories on 40 countries. China is the world's largest recipient of foreign direct investment, although growth is starting to decrease. U.S. retailers profit margins average 1-2% according to National Retail Federation.
Production location is less important to retailers, while quality is paramount. Uniqlo is the largest apparel chain in Asia. It makes 70% of its clothing in China.
So why not have more production here? American citizens simply live in a different world with different expectations. The conditions laborers accept overseas would hardly fly here. Many countries just don't have the employment law standards and practices so common here. Is this any reason to keep production out of the States? Is this system just part of the globalization scene, letting each nation do what they do best?
What do you think? Should we have more clothing production here, or keep things as they are?
Over the last few weeks, there have been numerous reports about the conditions of textile factories. These establishments have had subpar working conditions and are havens for unruly demands upon the workforce. The impact on the labor force is major. Workers in Zara's Argentinean factory were working 16 hours with no break, in dimly lit spaces. Children worked there, too. Moving production is definitely now a consideration. A Bangladesh factory, riddled with code violations and poor working conditions collapsed in late April. A worker was found in the wreckage a few weeks later.
The impact on the fashion industry is major, too. Factories are shifting production to other countries because of rising wages and labor shortages in China. China has long been an international capital of clothing production, but a shift appears to be afoot. Lever Style, founded in Hong Kong, produces attire for a number of American apparel companies. Their employee count has dropped by 1/3 in the last 2 years. Like other garment manufacturers and designer brands, other locations for production are catching their eye. Coach is shifting production to other countries, reducing reliance on China. Nordstrom is moving to India. They have 450 factories on 40 countries. China is the world's largest recipient of foreign direct investment, although growth is starting to decrease. U.S. retailers profit margins average 1-2% according to National Retail Federation.
Production location is less important to retailers, while quality is paramount. Uniqlo is the largest apparel chain in Asia. It makes 70% of its clothing in China.
So why not have more production here? American citizens simply live in a different world with different expectations. The conditions laborers accept overseas would hardly fly here. Many countries just don't have the employment law standards and practices so common here. Is this any reason to keep production out of the States? Is this system just part of the globalization scene, letting each nation do what they do best?
What do you think? Should we have more clothing production here, or keep things as they are?
B.A.F.F.L.E.D. Fashion Law
The Battle of Counterfeits in Big Cities, Part 2--
Last week we talked about the fight big cities are having against counterfeits. Places like Chicago, New York, and Atlanta--largely because of their transportation centers--are consistently working to keep the counterfeit market in check within their borders. Today, we're going to talk about how the counterfeit chain begins.
How do counterfeits come to the market in the first place?
Counterfeits are considered products purporting to be part of a popular designer brand, but sold in what we'll call a shady way. Designer items are sold directly from their source, or through licensing agreements permitting items to be sold in other outlets. An example of such licensing would be Christian Louboutin shoes being sold at Bloomingdale's. Bloomingdale's has an agreement with Louboutin allowing them to sell their shoes in the store.
What happens in the counterfeit market is contrary to direct sales or licensing agreements. Items which look a lot like the real deal show up in places the designer has not authorized, and the price is always far less than the true value or market price of the item. Often, counterfeits circulate through the market innocently, when consumers buy them from sources they trust, like friends having "purse parties" or donations to charitable organizations. However, the source to these innocent consumers is far from innocent. They may start at a place like Canal St. in NYC or boutiques claiming to have deals on designer items. The items come in in droves. Here's how the chain starts.
Gray Market Production
We know the black market is where items are sold illegally. Well, the gray market is somewhat similar. The gray market is created when factories licensed to produce designer goods under certain terms and conditions step outside those boundaries and create their own, infringing items.
As an example, a factory is licensed to produce Chanel bags under the protocol provided by Chanel. Bags are to be made from 9am local time to 5pm, using specific materials and methods. At 5:30, the production continues, but the items are 1) unauthorized by Chanel, and 2) produced in such a way to make consumers believe the goods are Chanel, but protect the infringing bag-maker from a quick infringement, contracting, and licensing lawsuit. The goods get shipped, and in the best cases, they're stopped at customs to protect designers and consumers from infringing products. No worries, the lawsuit does come later.
This gray market method is one of the largest sources of counterfeit goods and is the baseline of a billion-dollar market. To curb the negative effects of this market, a myriad of things must be done: legislation, brand vigilance, accurate contracting, policing, and more.
Share with us how you feel about counterfeits, fakes, and knockoffs. Let's keep the conversation going.
Stay tuned for more on international production and fashion labor.
*Designer goods is a fairly loose term when used in this article. It does not describe high priced goods only, it includes items at any price point, but specifically those protected by a trademark or brand recognition in some way. Price is not a factor.
Last week we talked about the fight big cities are having against counterfeits. Places like Chicago, New York, and Atlanta--largely because of their transportation centers--are consistently working to keep the counterfeit market in check within their borders. Today, we're going to talk about how the counterfeit chain begins.
How do counterfeits come to the market in the first place?
Counterfeits are considered products purporting to be part of a popular designer brand, but sold in what we'll call a shady way. Designer items are sold directly from their source, or through licensing agreements permitting items to be sold in other outlets. An example of such licensing would be Christian Louboutin shoes being sold at Bloomingdale's. Bloomingdale's has an agreement with Louboutin allowing them to sell their shoes in the store.
What happens in the counterfeit market is contrary to direct sales or licensing agreements. Items which look a lot like the real deal show up in places the designer has not authorized, and the price is always far less than the true value or market price of the item. Often, counterfeits circulate through the market innocently, when consumers buy them from sources they trust, like friends having "purse parties" or donations to charitable organizations. However, the source to these innocent consumers is far from innocent. They may start at a place like Canal St. in NYC or boutiques claiming to have deals on designer items. The items come in in droves. Here's how the chain starts.
Gray Market Production
We know the black market is where items are sold illegally. Well, the gray market is somewhat similar. The gray market is created when factories licensed to produce designer goods under certain terms and conditions step outside those boundaries and create their own, infringing items.
As an example, a factory is licensed to produce Chanel bags under the protocol provided by Chanel. Bags are to be made from 9am local time to 5pm, using specific materials and methods. At 5:30, the production continues, but the items are 1) unauthorized by Chanel, and 2) produced in such a way to make consumers believe the goods are Chanel, but protect the infringing bag-maker from a quick infringement, contracting, and licensing lawsuit. The goods get shipped, and in the best cases, they're stopped at customs to protect designers and consumers from infringing products. No worries, the lawsuit does come later.
This gray market method is one of the largest sources of counterfeit goods and is the baseline of a billion-dollar market. To curb the negative effects of this market, a myriad of things must be done: legislation, brand vigilance, accurate contracting, policing, and more.
Share with us how you feel about counterfeits, fakes, and knockoffs. Let's keep the conversation going.
Stay tuned for more on international production and fashion labor.
*Designer goods is a fairly loose term when used in this article. It does not describe high priced goods only, it includes items at any price point, but specifically those protected by a trademark or brand recognition in some way. Price is not a factor.
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
The Fashion Law Symposium- By Guest Editor, Shelley Whitehead, Esq.
First, I just want to sincerely thank V for allowing me this platform as a guest writer on her blog. V and I were introduced by a mutual friend back in August 2012 when I first moved back to Chicago and she quickly became one of my dearest and most supportive friends. She was the inspiration for me to hit the ground running in helping to put Chicago fashion law on the map and was one of my biggest cheerleaders when I decided to recently launch my blog The Legal BombSHELL. Both V and I were afforded the tremendous honor in being a panelist/presenter at the 1st Annual John Marshall Law School (“JMLS”) Fashion and Design Law Symposium held on Friday, April 12, 2013. Hopefully if you are in Chicago, you got a chance to check it out. If not, here’s a recap of this historic event.
For the panelists, our experience actually started Thursday evening when JMLS’s Fashion Law Society hosted a dinner for us at Pazzo’s, an Italian eatery. I swore off bread and pasta for the month of April, so it was quite the struggle as I watched the bread and olive oil being passed around and all of the pasta dishes being sampled. Nevertheless, I stayed strong and my grilled salmon dinner was divine. I will definitely be dining there again come May. But I digress. There were panelists who flew in from literally all over North America to take part in this momentous occasion. It was truly a pleasure being able to network with so many of the movers and shakers in fashion law. By the time I got home, I was riddled with anticipation for the day to come and had my clothes laid out like it was the first day of school.
My Friday began by arriving to JMLS relatively early as I was part of the very first panel. Once the symposium commenced, my über fabulous co-panelist Shara Harris, Esq. of WFML, P.C., and I presented on “Legal Issues in the Fashion Industry: Creating and Protecting Your Intellectual Property”. Our presentation pretty much laid the foundation for the panels to come by giving an overview of the business and legal aspects of the fashion industry— a fashion law 101 if you will. The following panel featured your amazing blog host V and two other panelists, Ashlee Froese from Toronto, Canada and Roberto Frias from Mexico City, Mexico. Their presentation compared the similarities and differences as to how fashion law and intellectual property is regulated in each country’s jurisdiction. You should be super proud of V. Since you follow her, you already know what a fashion law guru she is and she definitely showcased her vast knowledge on Friday. During the lunch intermission, all of the morning panelists took pictures with the symposium’s photographer, with State Street as the backdrop.
After lunch, there was a panel featuring Washington, D.C. attorney Mariessa Terrell and Chicago attorney Aleksandra Volk who sat with Chicago-based designers Anastasia Chatzka and Lara Miller to discuss the impact trademarks and marketing had on their brands. One of the highlights of the panel was Lara Miller wowing the audience with her demonstration of one of her “flip sweaters”. This sweater can be worn multiple ways — once as a cardigan and then by just flipping it upside down, it can be worn as a shrug. While I can honestly say I enjoyed every single panel, I must say this panel was particularly refreshing because we got to hear a designer’s perspective. As attorneys, we can talk all day long about the law, but it’s nice to hear from the proverbial horses’ mouth how those laws actually positively or negatively affect the designers.
The following panel was conducted by New York attorney Frances Hadfield, Esq. and Chicago attorney Michael Hode, Esq. who gave us a tremendous overview of some of the more overlooked aspects of fashion law: importing and exporting goods, taxes and even the tags in our clothes. The last panel was with Philadelphia attorney and Wilhelmina model Tracy Agyemang, Esq., California based attorney Kanika Corley, Esq., and Wilhelmina Model’s General Counsel Ali Grace Marquart, Esq. who gave an insightful and entertaining presentation on labor issues in the modeling industry and rights of publicity. Overall, the symposium had something for everyone. Even if you thought you knew everything there was to know about fashion law, you certainly left out of there feeling like you learned something new. To learn more about the incredible panelists that presented, please check out the Chicago Fashion Law Update.
After the symposium, there was a cocktail reception for the attendees which included hors d’oeuvres, a wine bar and fashion show. The designers represented included Suzanne Opara of 828 Collection, LaTonya Williams of Elizabeth Smith Fashions, and hats from the Goorin Brothers. The models were actually law students from the Loyola University Chicago School of Law, which was a nice and unexpected touch.
This symposium was everything I could have dreamed of and more. Natalie Laczek, Michon Stuttley and the lovely ladies of the John Marshall Fashion Law Society put together a phenomenal event. I was truly impressed with how well-organized and well-planned the event turned out. Every “i” was dotted and every “t” was crossed. The marketing and publicity for the event was incredible, as the symposium was sold out and people were actually begging for tickets (my dad being one) and even asking to be put on a waitlist. As you know Chicago is often overlooked in just about everything fashion-related, despite it being a huge and thriving metropolis. The astounding interest and success of the symposium is a testament that there is a market for fashion here and all that was needed was the proper platform. That platform was definitely showcased on Friday. Therefore, I believe it is safe to say there will be a 2nd Annual JMLS Fashion and Design Law Symposium next year.
Thanks again for having me V! I truly enjoyed sharing with your readers!
Shelley
B.A.F.F.L.E.D. Fashion Law
Is there a Place for Fashion Law in the
Caribbean?
By Contributing Editor, Sonya Stewart
Fashion Law’s place within the legal
field cannot be denied. As Entertainment Law came into its own by way of a
compilation of several legal disciplines; so too has Fashion Law as the
cultural and economic importance of the fashion industry increases on a daily
basis. Now classified as a movement in the legal arena, Fashion Law has been gracing
law firms, court rooms and fashion houses with its presence in the United
States, Canada, Europe, South America... but what about the Caribbean?
Susan Scafidi, the first professor to
ever offer a course in Fashion Law tells us that -as long as there have been
people making clothes, there have been occasions to consult lawyers[1]-
then there is no denying that as the fashion and apparel industry accounts for
4% of the Global GDP (a sum in excess of 1 trillion per year)[2];
an industry of this size would undoubtedly engender reoccurring legal problems
and concerns.
So the next step would be to examine
the Caribbean’s fashion industry. Is there a fashion industry in the Caribbean?
Is this industry such that would propel the need for a legal discipline in its
own right to combat the peculiar challenges of fashion entities-these entities being
fashion houses, designers, modeling agencies, models, department stores and
anyone working within the apparel and accessories industry?
Suffice it to say, the Caribbean does
have a fashion industry, where "according
to rough estimates, the Caribbean Fashion Industry — English, French, Spanish
and Dutch — is conservatively worth J$10 billion ($111.1million USD) per year.
Given the relative infancy and underdevelopment of the regional industry, one
could assume a value of 10 times this amount, once fully developed[3]”
as noted by Kingsley Cooper, Chairman of the Caribbean Fashion Industry
Association, CEO of Pulse Models and mastermind behind Caribbean Fashion Week.
In 2007, deputy Prime
Minister of Barbados Mia Motley spoke of the importance of the fashion industry
to Barbados’ development: “I am confident that fashion could provide an export
base for Barbados…we have the wisdom of investing in Intellectual Property and
the rewards it offers”[4].
With such an achievement and promising
future, there is no doubt that there are and will be many legal issues
surrounding Caribbean fashion. In fact, there are a myriad of examples of
intellectual property issues in Caribbean fashion (of which I’ll give an
example) which a learned fashion law student, fashion blogger and fashion
lawyer knows is only one of the basic pillars of fashion law. To the fashion
law virgin, the discipline also entails business and finance [advertising law, commercial
sales, real estate law (or real property/land law as classified in the
Caribbean)] international trade and government regulations (customs, employment
law, safety and sustainability) and customer culture and civil rights[5].
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Take for example, in 2011 when
Caribbean International Fashion Week appropriated Pulse’s Caribbean Fashion
Week’s logo in advertisements for the event to be held the same week as the
Caribbean event and even started off using the name “Caribbean Fashion Week”[6].
Luckily CFW’s creator, Kingsley Cooper, an attorney at law; quickly got an
injunction from a court to stop the misappropriation of the Caribbean event.
The popularity of Pulse’s yearly
staging of CFW cannot be disputed as well. In June 2012, a total of 51 collections from 50 designers took to the
runway in Kingston (Jamaica), the fashion capital of the Caribbean over a four
day period. Designers came from Barbados, Haiti, Turks and Caicos, Trinidad
& Tobago, Belize, Suriname, The Dominican Republic as well as from the UK
and US.
Within the fashion apparel academic
sphere as well, we have seen the emergence of the importance of legal knowledge
related to the business of fashion. The Caribbean Academy of Fashion and Design
(CAFD) at the University of Trinidad & Tobago’s (which offers a Bachelor of
Fine Arts Degree in Fashion Design) co-program leader and fashion management
coordinator Lisa Sinanan exclaims that “it’s a billion-dollar industry and it
can be dog-eat-dog as well. You have to be able to know how to ensure that your
designs are not stolen, how to protect yourself. That is why we have taught the
students about business law, intellectual property rights and copyrights”[7].
An extrapolation of the figures related
to the Caribbean fashion industry illustrates that there is more than a place
for Fashion Law in the Caribbean. I say the practice of Fashion Law already
exists in the Caribbean by an extension of legal representation for fashion
clients; but its recognition as a distinctive field in Commonwealth Caribbean law
does not exist, at least not yet (but that’s just my opinion).
There has to be acceptance by the Commonwealth
Caribbean legal fraternity for lawyers in the region to consider themselves
“fashion lawyers”. As beautifully stated by author and Professor at the Fashion
Institute of Technology, Guillermo Jimenez “tens or even hundreds of millions
of dollars…can turn on the interpretation of the wording in a fashion contract;
lawyers, judges, and juries now need to understand what fashion is and how the
industry operates. Fashion companies now require the very finest legal counsel”[8].
With that we can accept that as the
Caribbean fashion industry grows, so too will the need for Commonwealth
Caribbean judges, juries and lawyers to understand the uniqueness of Caribbean
fashion. It is fair to accept that fashion law has a place in the Caribbean.
The region must now develop legal tools to facilitate the Caribbean fashion
industry as every business needs legal support so why not the business of
Caribbean fashion?
[1] Fashion Law
http://intro.counterfeitchic.com/
[2] Michael
Flanagan How Retailers Source Apparel,
Just-Style. Jan 2005
[4] Jamaica
Gleaner. Bajan Invasion http://jamaica-gleaner.com/gleaner/20070615/social/social1.html
[5] Susan
Scafidi Flat Fashion Law! The Launch of a
Label-And a New Branch of Law. Jan 2012
[6] Carolyn Cooper Follow Fashion Monkey http://jamaica-gleaner.com/gleaner/20110612/cleisure/cleisure3.html
[7] Panache
Jamaica Magazine. Revolutionizing T &
T’s fashion industry http://www.panachejamagazine.com/index.php?option=com_k2&view=item&id=734:revolutionising-tt%E2%80%99s-fashion-industry&Itemid=58
[8] Jimenez
& Kolsun. Fashion Law: A Guide for Designers, Fashion Executives and
Attorneys Fashion Law: Overview of a New
Legal Discipline
B.A.F.F.L.E.D. Fashion Law
Models Face Labor Concerns, Too--
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Keep up with her journey and follow Yomi on Twitter!
To learn more about Stand Up For Fashion, click here!
Niches in the fashion industry--you've obviously come to the right place! Model Yomi Abiola has created an amazing segment of fashion, often dismissed by the world at large. Typically, the labor issues in the fashion industry have to do with sweatshops and jobs outsourced from American companies. Those issues are of critical importance--they hedge on human rights and proper wages. However, the models face their own issues as well.
Yomi launched Stand Up for Fashion (STUFF) to promote fair labor practices in the industry. Her initiative opposes the use of underage models, promotes diversity, and improves working conditions.
In their own words:
STUFF stands for change in the industry
STUFF encourages diversity, equality, inclusion
STUFF transforms our society through the power of fashion
Yomi is a Nigerian model and contributor to Vogue Italia. Her experience is greater than modeling--she also works on cultural issues with the UN. Yomi is not only using her beauty to bring people together, but her brain and dynamic energy as well.
“The only time that people from fashion come together is at fashion shows or fashion parties, but in terms of having a real dialog about the business of fashion … it is not something that has been done at all,” Abiola said.
Labor issues in fashion are sometimes ignored because of the glam and glitz we see on the runway. Surely there can't be problems. Wrong! Underaged models are not paid as they should be, child labor laws are broken, good health is not encouraged for many models of all ages, and diversity in ethnicity, size, and appearance in general are far from prevalent. It's time the industry and its supporters take a stand to make things as fab on the inside as they appear on the outside.
“Every industry comes together” to talk about pressing issues, “but the fashion industry never stands for anything beyond fashion,” said Shauna Mei, founder and CEO AHAlife, a high-end gift website supporting STUFF.
As she works to make this issue known across the world, Yomi has made the promotion of "true beauty" a priority, particularly with young women. Often, we find beauty ads showing less of the product's ability, and more editing and Photoshop savvy. This is not the message young women need, especially with bullying so rampant. Yomi is working as a fashion model, model citizen, and role model.
We are excited about STUFF and the awareness Yomi is working to promote. You will find more of their projects here, as we all should take part in improving these conditions.
In their own words:
STUFF stands for change in the industry
STUFF encourages diversity, equality, inclusion
STUFF transforms our society through the power of fashion
Yomi is a Nigerian model and contributor to Vogue Italia. Her experience is greater than modeling--she also works on cultural issues with the UN. Yomi is not only using her beauty to bring people together, but her brain and dynamic energy as well.
“The only time that people from fashion come together is at fashion shows or fashion parties, but in terms of having a real dialog about the business of fashion … it is not something that has been done at all,” Abiola said.
Labor issues in fashion are sometimes ignored because of the glam and glitz we see on the runway. Surely there can't be problems. Wrong! Underaged models are not paid as they should be, child labor laws are broken, good health is not encouraged for many models of all ages, and diversity in ethnicity, size, and appearance in general are far from prevalent. It's time the industry and its supporters take a stand to make things as fab on the inside as they appear on the outside.
“Every industry comes together” to talk about pressing issues, “but the fashion industry never stands for anything beyond fashion,” said Shauna Mei, founder and CEO AHAlife, a high-end gift website supporting STUFF.
As she works to make this issue known across the world, Yomi has made the promotion of "true beauty" a priority, particularly with young women. Often, we find beauty ads showing less of the product's ability, and more editing and Photoshop savvy. This is not the message young women need, especially with bullying so rampant. Yomi is working as a fashion model, model citizen, and role model.
We are excited about STUFF and the awareness Yomi is working to promote. You will find more of their projects here, as we all should take part in improving these conditions.
Keep up with her journey and follow Yomi on Twitter!
To learn more about Stand Up For Fashion, click here!
B.A.F.F.L.E.D. Fashion Law
The
Ladies of Fashion Law!
Fashion law is a growing niche in the legal industry and nothing short of fun and
exciting. In addition to the fun
and excitement, this niche has some serious issues, landmark cases, and is
making its stiletto print on Capitol Hill.
Fashion
law is supported by so many, and we found it important to shed light on our colleagues also making
the business their passion. We’ve
noted the gents, now for the ladies.
Although this list is by no means all-inclusive, we were grateful enough to get some major contributors. We have some names and faces you should
know when it comes to legal matters in the fashion industry.
Here
they are in their own words. See
how major they are!
The
Trailblazer
Susan Scafidi is the first
professor ever to offer a course in Fashion Law. She founded and directs
the Fashion Law Institute, an independent nonprofit based at Fordham Law School
and the world's first center dedicated to legal and business issues involving
the fashion industry, and she is internationally recognized for her expertise
and her leadership in establishing the field. Professor Scafidi has testified
regarding the proposed extension of U.S. legal protection to fashion designs
and continues to work actively with members of Congress and the fashion
industry on the proposed Innovative Design Protection Act and other issues.
Prior to establishing the Fashion Law Institute with the
assistance of the Council of Fashion Designers of America and its president,
Diane von Furstenberg, Professor Scafidi was a tenured member of both the law
and history faculties at SMU and also taught at a number of other law schools,
including Yale and Georgetown. After attending Duke University and the Yale Law
School, she pursued graduate study in legal history at Berkeley and the
University of Chicago and clerked for Judge Morris S. Arnold of the Eighth
Circuit Court of Appeals.
Professor Scafidi is the author of the book Who Owns Culture?Appropriation and Authenticity in American Law, as well as numerous articles in
the areas of intellectual property, cultural property, and of course fashion
law. She also established the first website on fashion law, Counterfeit Chic,
which played a seminal role in defining the field and has been recognized as
one of the ABA's top 100 legal blogs.
Why I love Fashion Law: When I set out to define a field of "fashion law"
-- despite great skepticism -- it was with the goal of sharing information on
legal and business issues with the industry and training a community of lawyers
to serve fashion clients. Whether it's hearing from an attorney in
Shanghai, Sao Paulo, Sydney, or Chicago who's inspired by our work, learning
about another law student who's starting a blog, or recruiting a volunteer to
help a creative emerging designer, I love the feeling that together we're
changing the world, one well-tailored piece of advice at a time.
Keeping the
Niche Going
Washingtonian,
intellectual property attorney and writer, Mariessa
Terrell, is the founder of SBC Law Group,
a boutique brand management and intellectual property law firm located in
Washington, DC. Through her firm, Mariessa provides docketing, marketing,
licensing and intellectual property law (trademark, copyright) services to a
variety of clients including Lockheed Martin Corporation; Gloria Gelfand
Fashion Marketing Company; Soapy Love cosmetics and other creatives throughout
the US and abroad.
In 2011 Mariessa
launched an interactive website to
provide discounted IP legal services to emerging fashion designers, artists and
beauty professionals. In 2000, Prior to starting her own firm, Ms.
Terrell worked at the US Patent and Trademark Office as a Trademark Examining
Attorney and helped register trademarks for the leaders in the fashion and
beauty industries, including Estee Lauder, Balenciaga, Revlon, Dooney &
Burke, Johnson and Johnson and many others.
In 2012, Mariessa
founded the Fashion Law and Policy Center,
a non-profit organization whose mission is to provide fashion law education and
research services to creatives, attorneys, and law students.
An expert in the
field of marketing and intellectual property, Mariessa has lectured on branding
and trademark law at Howard University, the Arts Institute of Washington, DC
and the Smithsonian Institute; has taught a MBA graduate studies Advanced
Marketing Management course at Southeastern University; and currently teaches
Fashion Trend Forecasting at the Community College of the District of Columbia.
In April 2007,
Mariessa drafted legislation (Bill 17-173) to create a Commission on Fashion
Arts and Events in DC. Mayor Adrian Fenty signed the bill into law in April
2008. Mariessa is a graduate of Howard University School of Law and writes a
fashion law and lifestyle blog entitled, Yoo Hoo Darling.
Why
I love Fashion Law: I love fashion
law because it combines two of my favorite pursuits; unique fashion
and legal principles that protect creativity. I define fashion as
innovation in any arena. Fashion is not only a perfectly tailored
Givenchy frock but it is the sleek functionality of the latest mobile device,
the lightness of a apricot soufflé and the colored soles of a five inch
stiletto.
It wasn’t
until my last semester of my third year of law school that I actually fell in
love with the law. It took a course that combined marketing, branding
strategies and legal analysis to inspire me to pursue a career in soft
IP. After graduating from Howard Law, I went on to work in Law Office 106
of the US Patent and Trademark Office. There I reviewed trademark
applications for leaders in the fashion industry, including, Revlon, Dooney and
Bourke, and Chanel.
To me there is nothing better than helping an
emerging designer protect their creativity from the beginning. Innovation
is what becomes of our imagination when combined with a few rules. I
enjoy helping to clarify and demystify the rules of (fashion) law.
~~~
Kenya Wiley is an attorney and entrepreneur with more than 15 years of combined experience in government, law, politics and fashion design. Ms. Wiley is the Founder and Editor-in-Chief of Fashion Cloture, a blog portal connecting the fashion industry with Washington policy and politics. Since the launch of Fashion Cloture in January 2011, Ms. Wiley has worked with fashion executives in New York and Washington, DC on intellectual property, manufacturing, small business, and other public policy issues impacting the business of fashion. Ms. Wiley has also served as a panelist expert for Fashion Law Week DC and Howard University’s IP law seminar on copyright protection for fashion design.
Ms. Wiley received a B.A. in Psychology from Stanford University and a J.D. from the Georgetown University Law Center. Ms. Wiley is also the recipient of the Howard University School of Law 2012 Intelligent Design Award.
Why I love Fashion Law: My love for fashion law can be summed up in two words - "passion" and "people". Through my work in fashion law, I have had an opportunity to not only combine my love for fashion and politics; but I have also been able to meet and work with an amazing group of designers, professors, and other fashion law attorneys.
~~~
Kenya Wiley is an attorney and entrepreneur with more than 15 years of combined experience in government, law, politics and fashion design. Ms. Wiley is the Founder and Editor-in-Chief of Fashion Cloture, a blog portal connecting the fashion industry with Washington policy and politics. Since the launch of Fashion Cloture in January 2011, Ms. Wiley has worked with fashion executives in New York and Washington, DC on intellectual property, manufacturing, small business, and other public policy issues impacting the business of fashion. Ms. Wiley has also served as a panelist expert for Fashion Law Week DC and Howard University’s IP law seminar on copyright protection for fashion design.Ms. Wiley received a B.A. in Psychology from Stanford University and a J.D. from the Georgetown University Law Center. Ms. Wiley is also the recipient of the Howard University School of Law 2012 Intelligent Design Award.
Why I love Fashion Law: My love for fashion law can be summed up in two words - "passion" and "people". Through my work in fashion law, I have had an opportunity to not only combine my love for fashion and politics; but I have also been able to meet and work with an amazing group of designers, professors, and other fashion law attorneys.
~~~
 |
| Photo courtesy of HeadshotsCanada.ca, J R BERNSTEIN MEDIA INC.,www.JRBERNSTEIN.com |
Ashlee Froese is a lawyer and
trade-mark agent at Gilbert’s LLP whose practice encompasses trade-marks,
branding, social media and domain name laws. Ashlee brings a breadth of
experience assisting a wide variety of clients in a multitude of industries
with respect to managing and protecting their brands both domestically and
internationally. As a board member
of the Fashion Group International, Ashlee has a keen interest in assisting
fashion designers protect their creative ingenuity and maintains the website Canada Fashion Law.
She is an active member of the intellectual property law community,
participating as an Executive Member of the Toronto Intellectual Property Group
and as a member of several committees with the Intellectual Property Institute
of Canada and the International Trademarks Association. Ashlee is a frequent guest lecturer at
colleges, universities, and trade associations on brand protection.
Why I love Fashion Law: First and foremost, I strongly believe that if you are able to combine
your hobby with your career, your job becomes a delight. I’ve always had
an affinity for fashion and my move toward fashion law has been an
evolution. My scope of practice is trade-marks, copyright and social
media laws – basically I help protect and enforce companies’ brands. Over
the past couple of years I have immersed myself into Canada’s fashion industry
and have a greater understanding of the nuances of the business and also the
challenges that face fashion designers. I have a great amount of respect
for fashion designers and I made a conscious decision to shape my practice to
be able to assist them create successful businesses. Fashion law is more
developed niche in America than it is here in Canada. To a certain
extent, the fundamentals of trade-mark law are applicable to every industry.
The law is the law, irrespective of the industry. However, there are certain
nuances within each industry that may change your application of the law to the
business or alter ever present “business considerations” that govern clients’
decision-making. As a lawyer,
understanding those nuances can be of great assistance to your client. I hope to bring these insights to the
fashion industry. Such specialization is not uncommon in the intellectual
property field. For example, you
oftentimes come across patent lawyers that focus on the pharmaceutical
industry. I believe this can be
applied to the fashion industry
~~~
Ms. Kolsun co-conceived, co-edited, and co-authored with FIT professor Guillermo Jimenez “Fashion Law – A Guide for Designers, Fashion Executives, and Attorneys” (Fairchild Books), the first textbook on Fashion Law. Ms. Kolsun has devoted significant time and effort to the cause of enforcement of intellectual property, serving as Chairman of the Board of the International AntiCounterfeiting Coalition (IACC). She has also spoken and published widely on the topic of counterfeiting and trademark infringement in the United States, Asia, and Europe, and has been herself the subject of stories in numerous publications (ranging from The New York Times to Women’s Wear Daily) due to her pioneering work in the anticounterfeiting field.
Ms. Kolsun is an Adjunct Professor of Fashion Law at New York University and Benjamin N. Cardozo Schools of Law and was an Adjunct Professor at Fordham Law School from 1986-88 and 2011. She has guest taught and lectured at law schools and business schools around the country, including the University of Chicago Law School. In 2002 and 2004, Ms. Kolsun was a consultant on intellectual property in Vietnam as part of STAR-Vietnam, a USAID program.
She received her J.D. from Benjamin N. Cardozo School of Law in 1982 and her undergraduate degree from Sarah Lawrence College in 1971. Her experience as a professional singer and actress (1970-1979) continues to motivate her fierce efforts to protect artists’ and designers’ intellectual property rights.
Why I love Fashion Law: It is a trillion dollar industry globally. The issues are diverse and always evolving. I love working with creative people and my boss Stuart Weitzman is not only a talented and brilliant shoemaker, but the smartest person I have ever worked for.
~~~
Fashion Blawger is a 20-something West Coaster who recently graduated from a top ten
U.S. law school. This upcoming school year I will be studying intellectual
property in France. I have been an anonymous blogger since summer 2011 (2L
summer). My interest in fashion law is the main reason I started blogging; my
law school friends did not share my love of fashion law and I wanted to connect
to a community of people who do so I initially turned to the internet. I now
have learned how to spark my friends’ interests in fashion law by just drawing
from their interests. I love showing people how fashion law touches on their
own legal interests whether their legal passions lie in human rights, labor, or
real estate law.
Through clinic
work while I was in law school, I helped new start-ups get incorporated and
counseled them on how to promote their businesses while protecting their
intellectual property and I find this type of work both stimulating and
relaxing. The prospect of
litigating fashion law in a courtroom is amazing to me.
Why I love Fashion Law: With trademarks, copyrights, patents, and trade secrets all around us
I feel motivated to go into the IP field. I particularly love fashion and as an
artist myself, I like the idea of protecting things like trademarks and designs
because it is protecting the rights of artists. Protecting intellectual
property motivates businesses to build a good reputation. To build that
reputation those businesses will strive to make the consumer a happier one, so
everyone is a winner.
~~~
Patricia
Adams-Haywood is a Barrister and
Solicitor who has worked on four continents. She has experience working in
common law and civil law jurisdictions. As a fashion lawyer she guides fashion
designers and other players in the fashion industry in Asia. When not
working, she enjoys diving and snorkelling. Patricia lives in Indonesia with
her husband, who is also a lawyer.
Why I love Fashion Law: I am happy to be apart of
this new and exciting niche. I have been blessed to work with some of the most
creative people. The number of lawyers practising fashion law is small compared
to other areas of specialisation. I therefore feel like I am apart of a family,
all helping to build each other up. Just check out Twitter and see how
supportive of each other we are.
I also love
working with creative people. Having worked in corporate/commercial law firms
and international organisations, I can safely say that the clients I had then
and now are very different. I find
that everyday I am inspired to try something new and I have a new outlook on
life.
Lastly, I am able
to use my years of experience and legal expertise in this niche. I don't think
many people appreciate the complexity of fashion law, but fashion law requires
an all rounder; someone who appreciates numerous legal concepts and topics. My
experience for example in international trade, tax, employment, banking, and
general corporate law comes in very handy.
I knew I made the
right decision to enter this niche, when waking up in the morning to go to work
no longer felt like a chore.
~~~
With a passion for
law and fashion, extensive experience as a trial lawyer litigating a wide variety
of issues in both civil and criminal law; and almost two decades of first hand
knowledge and experiences that are as diverse as they are deep in the fashion
and entertainment industries (modeling, fashion retail, fashion production,
public relations, journalism, and publishing), Uduak Oduok is an attorney who “gets it” when it comes to resolving legal issues for the fashion and entertainment industries.
She has counseled
a range of clients from musicians, models, actors and actresses to designers on
numerous areas of the law including contracts, business law, fashion and
entertainment law, copyright, trademark and intellectual property law.
Uduak earned her
B.A. in Speech Communications, with honors, from San Jose State University,
with a minor in philosophy. She attended both Georgetown and UC Hastings School
of law, obtaining her Juris Doctorate in 2001 from UC Hastings College
of the Law.
She is also the founder and publisher of Ladybrille Magazine, the first ever publication focused on bringing African fashion and
entertainment to the Western masses, Ladybrille. In 2008, her effort was
recognized with a feature in the prestigious American Bar Journal. In 2010
Uduak was nominated for the Africa Fashion International Africa Fashion Awards
for her, “Outstanding Contribution to Fashion Communications.” This 2012 Uduak
has been nominated as 'Media Personality of the Year' at the 7th Annual Nigeria
Entertainment Awards to be held Aug 31-Sept 2 in New York.
Why I love Fashion Law: It is hard for me to put
it in words. I am passionate about fashion because I think it is something
innate in me just as much as law is. I have been told my maternal grandfather
was a tailor in addition to his role as an educator and a choir master. So that
may be where it comes from?
Officially in terms of my love for fashion, I began
modeling at 15 and became hooked. Ever since, I live, breathe and eat fashion.
(Laughs) I love fashion and I never get tired of talking fashion within and
outside the industry.
~~~
In fashion, it's
all about the fit. Attorney Shara Danielle Harris has the
experience, innovation and creativity to create a perfect fit with your
business.
For the past nine
years, Attorney Harris has specialized in the area of real estate law working
with high net worth individuals, REITS, syndicates, and investors. Her passion
has always been in the area of fashion working with fashion designers, models,
manufacturers, retailers, importers, exporters, and entertainers. Her
background as a business advisor, real estate professional and former fashion
industry executive adds immediate value to her clients because she has been in
their shoes and understands their businesses. She is where fashion meets law.
Attorney Harris
has successfully closed over 2,000 business and real estate transactions in
nine years of practice. She is a regular contributor to the American Bar
Association’s Young Lawyers Journal and is an active member of the Forum on
Entertainment & Sports Industries.
Attorney Harris
holds a Juris Doctor degree from The John Marshall Law School in Chicago,
Illinois with a concentration on international business and real estate; and, a
Bachelor of Arts degree in Business & Entertainment Management from
Columbia College Chicago in Chicago, Illinois.
Her motto is "Don’t dream it. Live it.”
Why I love Fashion Law: I couldn't
imagine a life without some connection to fashion. Every since I was as child,
I've been intrigued by the way that fashion makes you feel…empowered and
beautiful. From modeling, to teaching modeling, to producing fashion
shows, to retail sales, management, visual merchandising and buying…I can truly
say that I have a well-rounded perspective of the business. While fashion
law is not my sole area of practice, I must say it is the most fun. To be
able to marry my passion with so many areas of law such as real estate,
business, intellectual property, international business, advertising and
employment…I couldn't ask for a better career! I am so excited to see this area
of practice develop to serve such an exciting industry.
~~~
Maria Daatio is fairly a newcomer in the legal
world, recently graduating from Southwestern Law School in the fashion law
capital of the west coast, Los Angeles. Not only is fashion law the perfect
intersection of her top five passions in life – branding, apparel, business,
intellectual property, and law – but what she loves most about this practice
area are the varied and multiple ways one can carve a path to becoming what pop
culture is coming to know as a fashion law attorney. As such, she has been
forging her own way, keeping in mind what she and others should know about the
business of fashion and how to get there. Fordham’s Fashion Law Institute and
the strong headway big industry players have already made in this practice area
have truly inspired her. She is
currently collaborating with other lawyers in the west coast to create a
practical skills course program tailored for fashion law in one of the top
entertainment law schools in the nation.
Why I love Fashion Law: She believes
that fashion law is a booming niche and that this specialization in the law
practice will very soon become as big as entertainment law has become
throughout the years.
~~~
Stephanie
Figueroa, Esq.
is native New Yorker whose academic interest in intellectual property law and
personal passion for style, fashion, and all things creative led her to write
about the legal elements that impact the fashion industry on
Inalegalfashion.com and share fashion law news on Twitter (@Inalegalfashion).
Stephanie
is admitted to practice law in the state of New York. She earned her JD from
New York Law School, where she was a Research Fellow with the Institute for
Information Law & Policy and helped create New York Law School's first
student run fashion law blog, Caseclothesed.com. Stephanie earned her B.A. in
Political Science from Binghamton University.
Why I love
Fashion Law:
I love fashion law because it builds upon the fundamentals of Intellectual
Property law to answer questions about the bags I buy and the shoes I fawn
over. How we chose to dress ourselves speaks volumes about our personalities
and professions, but it is also the living, breathing result of companies
engaging in litigation to make sure their brand reputations are what we want to
buy into. I see it whenever I go shopping. As I search for high end looks on a smaller budget, I can't
help but notice knock-offs, trademark infringement and potential design patent
copies everywhere I look. Being
able to identify the legal issues in my shopping cart is more satisfying than
the sale itself. Moreover, knowing
how companies protect their intellectual property helps me give advice to up
and coming designers and artists when they're trying to get themselves on the
consumer radar.
~~~
...And me! Victoria Watkins is a legislative attorney for the City of Chicago, specializing in state government issues. While spending time protecting the interests of the city she loves, Victoria makes certain to stay up on all things legislative, and all things fashion law. She is totally invigorated by this growing niche, and couldn't be more excited it's here. After being less than impressed with 1L courses, her introduction to property, and intellectual property gave her a new outlook on where this J.D. could take her. She created B.A.F.F.L.E.D. shortly after being admitted to the Illinois Bar, as a way to ensure her place in fashion law and channel her passions not used 9 to 5. These days, she splits her time between legislative law, fashion law, and sharing her love of Chicago with anyone who will listen.
Victoria is a graduate of the University of Illinois at Urbana-Champaign, with a Bachelors in Consumer Economics & Finance, and earned her J.D. at DePaul University College of Law.
Why I love Fashion Law: Fashion law has been a breath of fresh air for me. I realized 2 of the things I love most, law and fashion, are more connected than I ever knew. I also find this industry warm and welcoming, especially as we all continue to work together to solidify its place in the profession. Fashion law is more than just a blog topic, it's part of what keeps me motivated as a lawyer. I enjoy teaching others about it and opening their eyes to something new and fun. I can't wait to see how fashion law continues to flourish and do my part to help.
...And me! Victoria Watkins is a legislative attorney for the City of Chicago, specializing in state government issues. While spending time protecting the interests of the city she loves, Victoria makes certain to stay up on all things legislative, and all things fashion law. She is totally invigorated by this growing niche, and couldn't be more excited it's here. After being less than impressed with 1L courses, her introduction to property, and intellectual property gave her a new outlook on where this J.D. could take her. She created B.A.F.F.L.E.D. shortly after being admitted to the Illinois Bar, as a way to ensure her place in fashion law and channel her passions not used 9 to 5. These days, she splits her time between legislative law, fashion law, and sharing her love of Chicago with anyone who will listen.
Victoria is a graduate of the University of Illinois at Urbana-Champaign, with a Bachelors in Consumer Economics & Finance, and earned her J.D. at DePaul University College of Law.
Why I love Fashion Law: Fashion law has been a breath of fresh air for me. I realized 2 of the things I love most, law and fashion, are more connected than I ever knew. I also find this industry warm and welcoming, especially as we all continue to work together to solidify its place in the profession. Fashion law is more than just a blog topic, it's part of what keeps me motivated as a lawyer. I enjoy teaching others about it and opening their eyes to something new and fun. I can't wait to see how fashion law continues to flourish and do my part to help.
The Fashion Law Students
Julie Zerbo is a third year law student and the editor-in-chief of The Fashion Law. Her work has been featured in New York Magazine, the Huffington Post, the Los Angeles Times, and Vogue UK, among other publications. She has worked extensively on behalf of the Council of Fashion Designers of America in lobbying for the passage of the Innovative Design Protection and Piracy Prevention Act. She was recently profiled by the Wall Street Journal.
Why I love Fashion Law: I really appreciate the opportunities fashion law has given me to assist emerging designers in building and protecting their brands, as well as being able to have a real effect on whether certain knockoffs are sold or not. In addition to law, I have an economics and international business background and so, first and foremost, I identify with and love these things. For me, the fashion aspect is just an added bonus.
~~~
Virdina M. Gibbs is the
creator of The Sole PurseSuit: A Capsule Collection Between Fashion and the
Law. She attended undergraduate at Duke University and majored in
History and minored in French and Political Science. While in undergrad
Virdina served on the Presidential Committee on Black Affairs where she was
selected to represent the interests of the approximately 600 member Black
community at Duke to top-level administrators.
After undergrad, Virdina
worked at a patent law firm as a Design Patent Prosecution Specialist for two
years where she coordinated design patent filings for multi-national
corporations. She coordinated filing efforts in Europe where she was able
to use her French fluency skills. In law school Virdina has interned with
the United States Patent and Trademark Office in their Office of External
Affairs and was also a Student Attorney with PTO Law School Clinical Program.
She has also worked with a leading trademark attorney and written replies
to Office Actions from the PTO. Virdina also serves as a co-chair of
Fashion Law Week, the first and only nationwide fashion law week.
Virdina hopes to practice
intellectual property law after she graduates from law school.
Why I love Fashion Law: Fashion law allows me to coalesce my love of fashion with my love of intellectual property. Despite the stereotype that people, especially lawyers, who enjoy fashion are vapid and shallow, fashion law is a unique niche within IP law that is vitally important due to the rapid globalization of the fashion industry. I love helping individuals figure out how to best protect their present and future assets.
~~~
Hailing from Las Vegas, Nevada by way of Dayton Ohio, Whitney McGuire, the daughter of a jazz singer, found her creative niche early in life. Since then, she has strutted through the musings, short-comings and beauty of life with grace and style. Fashion is less of a hobby and more of a lifestyle for Whitney. She believes in being one hundred percent comfortable with who one is and with how one chooses to portray themselves externally. From studying the law of fashion to providing personal styling and interior decorating consulting to the public, she has acted upon this belief and in turn, she has gained an altruistic outlook on fashion. She also has a passion for helping others and knew that her advocacy skills would be enhanced in law school, hence her decision to become an attorney. She is currently a third year law student at The Catholic University of America – Columbus School of Law. A law student by day and a stylist by night, Whitney has devoted her “free” time to blogging about her first love: fashion and her second love: the law. The two combine quite nicely with the advent of “Fashion Law.”
Why I love Fashion Law: Short answer: Fashion Law saved me. I know that sounds a bit dramatic, but for all intents and purposes of conveying how passionate I am about this field, drama will suffice.
Long Answer: My love for Fashion Law was born out of hatred – for law school. After struggling for 2 years to get into law school, I knew it was something to appreciate, which presently, I definitely do, I just don’t love it. Fashion Law was a beacon of hope (dramatic, I know) that lit my journey down a once dark, uncertain path. Fashion Law allowed me to appreciate the equally dominant creative aspect of my personality, while simultaneously satisfying my insatiable Type-A nerdy appetite. It gave me a foundation upon which to proudly marry my two passions: fashion and advocacy/law. As an emerging field that has gained significant headway over the past four to five years, my proclamations that I was pursuing Fashion Law were often met with confused gazes and blank stares. “What is Fashion Law?” Initially, my responses, were an oil and water combination of excitement and embarrassment. In the blue suit, white shirt, red tie legal field, a Vintage Dior turban wearing, black girl may not fit the traditional “lawyer” image. I felt judged and categorized as someone who was not very serious about the law. “Oh, it’s just Intellectual Property,” I’d reply to add more legal “umph” to my perceived frivolous career path. Now, months later and many Fashion Law credits under my belt, I confidently answer: “Fashion is an industry. There are laws that control it. That’s Fashion Law.” This is an example of why I love this field. I have grown into a more secure version of myself. I love knowing that the concepts I learn in class can easily be applied to an aspect of the Fashion Industry. I also love the fact that all of the experiences I’ve gained during my somewhat crooked path to law school have and will continue to contribute to my prospective success as a fashion lawyer. Two words became the key, which unlocked an unlimited amount of possibilities, all of which are sartorially splendid! I look forward to seeing what I make of it and hope to continue to inspire others to follow their dreams…even in law school.
~~~
~~~
Shana Scott is a second year
law student at Loyola University Chicago School of Law. She is a current
Health Law Fellow in the Beazley Institute for Health Law and Policy and
passionate about all areas fashion, science, and law. She has an undergraduate
degree in Biology from Morgan State University and a Masters Degree in Public
Health from Armstrong Atlantic State University. Before entering law school,
she worked as a Policy Consultant for the Centers for Disease Control and
Prevention in Atlanta, GA.
Why I love Fashion Law: Shana's style is forever changing and
growing. I wear what I feel comfortable in and what looks good on
me. I enjoy clothes and I enjoy looking good. As a law student I am
still learning about the various areas of law and how to "break-into"
fashion. I am not yet an expert on fashion law, fashion, or even law for
that matter but I know a good look when I see it. I am new to the law of
fashion but I am a firm believer in the Coco Chanel quote, "fashion is not
something that exists in dresses only. Fashion is in the sky, in the street,
fashion has to do with ideas, the way we live, what is happening".
~~~
We
would be remiss if we didn’t include honorable mentions of these equally busy
legal fashionistas:
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
B.A.F.F.L.E.D. Fashion Law
The Battle At Red Sole: A Win-Win, Ultimately--
Just yesterday, the U.S. Court of Appeals for the 2nd District ruled on the Louboutin v. Yves Saint Laurent (now Saint Laurent Paris) case in regards to the ever popular red soled shoe.
Here is a review of what happened:
Just yesterday, the U.S. Court of Appeals for the 2nd District ruled on the Louboutin v. Yves Saint Laurent (now Saint Laurent Paris) case in regards to the ever popular red soled shoe.
- The Appellate Court affirmed in part and reversed in part the ruling of the District Court.
- The Court affirmed the ruling which denied Louboutin a preliminary injunction to stop YSL from selling their monochromatic shoes--covered in red on top and bottom.
- The Court reversed the finding of Louboutin's trademark to be invalid by the District Court--saying a color can, in fact, serve as a trademark in the fashion industry.
- The Affirmation
- Both the District Court and Appellate Court denied Louboutin an injunction to stop YSL from selling their all red shoes. The reason being, on the District Court level was largely because a color couldn't be used as a trademark-- so Louboutin couldn't stop YSL from selling their shoe. On the Appellate level, the injunction denial was affirmed because the trademark approved for Louboutin is one for red soles contrasting the "upper" of the shoe. The YSL shoe did not have a contrasting sole and upper.
- The Reversal
- This helps explain the affirmation a bit. The Appellate Court reversed the lower court's ruling, finding the Red Sole Mark invalid. This was reversed because of the "secondary meaning" developed by the Louboutin red sole in the market. As the Appellate Court noted from precedent: Secondary meaning is acquired when, in the minds of the public, the primary significance of a product feature...is to identify the source of the product rather than the product itself. Ultimately, consumers have been trained through marketing and promotion to associate red soles contrasting their uppers as high-fashion Louboutin shoes. With a modified understanding of the mark, Louboutin prevailed.
- The Steps Ahead
- In a nutshell, both sides can be seen as winners. Louboutin has protected their contrasting red sole as a valid trademark in the fashion industry. It is used to identify their brand, as required for trademark registration, but does not limit competition in the market. YSL can continue marketing their monochromatic shoe. The red sole trademark is not infringed when used in a way contrary to a red sole contrasting a non-red upper.
- The Court reminded us about some of the main principles of trademark law, providing:
- By placing the color red in a context that seems unusual and deliberately tying that color to his product, Louboutin has created an identifying mark firmly associated with his brand which, to "those in the know" instantly denotes his shoes' source, Louboutin.
- It is the first principle of trademark law, that an owner may not use the mark as a means of excluding competitors from a market.
- Allowing red soles in all circumstances to be the trademark possession would limit shoe marketing. Modifying the mark to apply only in a specific manner promotes competition--a primary crux in trademark law.
- The fashion industry, like other industries, has special concerns in the operation of trademark law.
- Although there is no copyright protection in the fashion industry generally, trademark is essential to the industry and cases like this are major for this creative market.
As promised, we've been watching this one for some time now. If you've missed out on how we got to this point, check out these Flashbacks to get up to speed:
For more on what's going on in fashion law...and there's quite a bit, consult the Fashion Law Files!
B.A.F.F.L.E.D. Fashion Law
So You Want to Get Into Fashion Law?
As an attorney passionate about law and proud of the "Esq." behind my name, I get excited about meeting other lawyers eager to pair the profession with the field of fashion. Over the years, I've connected with law students and attorneys, and we've all found different ways to make our place in the industry.
With the nice growing and making its validity clear, many often inquire about what to do to "get into" fashion law. Past the absolute musts of going to law school, taking Copyrights and Trademarks, Entertainment Law, Medial Law (all of which I loved!) and any similar courses, one should definitely take these points into consideration:
-Immerse yourself in the field.
Read all you can, follow fashion law blogs, and if you're on Twitter, follow fashion lawyers, law students, and the Fashion Law Institute. They are all sharing info and news on the field and love to chat fashion law.
-Write!
This field of law is so new, there's room for everyone. Like the fashion industry itself, fashion law is flexible and creative. By writing, you build credibility in the niche and keep yourself sharp on what's going on. Whether it's for your own site or you contribute to other publications, write about what you find--any length is fine.
-Connect
While immersing yourself in fashion law, be sure to talk fashion, law, and fashion law with others. The niche is built on legal cornerstones like contracts, employment, taxation, intellectual property, business, and so much more. The more you talk about it and share ideas, the more expertise you'll create.
-Educate
With the Fashion Law Institute stitching tightly at Fordham, and local bar associations in NY, Chicago, and DC offering seminars on fashion law, there are plenty of ways to stay up to speed on the topic. D.C. even has Fashion Law Week, sponsored by Howard University Law School. This not only keeps you informed on new issues and cases, but gives you the chance to meet others with the same interest. If you're not in one of those cities, many seminars will send you the materials, offer webinars, or teleconferences. Surely more are to come and Fashion Weeks (September for NY and October for Chicago) are a great time.
Fashion Law Friend Charles Colman has also included some ideas on his blawg, Law of Fashion. Take a look!
Also, don't forget to peruse our favorite Fashion Law Blawgs:
Simone Butterfly
Never Fakes
Counterfeit Chic
Fashion Law Institute at Fordham Law
Canada Fashion Law
Fox & Rothschild, LLP - Fashion Law Blog
Law of Fashion
Case Clothesed
Fashion Blawger
In a Legal Fashion
Whitney Wears
The Fashion Law
Asian Fashion Law
Uduak Law
The Sole Purse Suit
Never Fakes
Counterfeit Chic
Fashion Law Institute at Fordham Law
Canada Fashion Law
Fox & Rothschild, LLP - Fashion Law Blog
Law of Fashion
Case Clothesed
Fashion Blawger
In a Legal Fashion
Whitney Wears
The Fashion Law
Asian Fashion Law
Uduak Law
The Sole Purse Suit