B.A.F.F.L.E.D. Fashion Law
The Latest in Fashion Law: News & Updates--
A lot has been going on in fashion law lately, so we want to make sure you're up to speed. Here's the latest:
Ralph Lauren forced to destroy knockoffs
In October, Converse sued a bunch of designers who infringed on their famous Chuck Taylor shoe. Now, as part of their settlement, RL has decided to destroy their 36 infringing styles, along with all molds and materials used to make them. Trademark protection is everything. Even big brands get caught up in it.
Seahawks are protecting their fans
Just in time for the Super Bowl, the Seattle Seahawks are working to trademark the number "12" and "boom". After successfully registering "Legion of Boom", efforts to secure "12th man"and just the number "12" in jersey font have proven a bit more difficult because of marks already in use. The Seahawks aren't giving up, though. They're working to find as much specificity as possible to protect what's pushed them to their 2nd Super Bowl in 2 years. Good luck!
Federal Agents Seize Super Bowl Fakes
While Seattle is trying to protect their brand, the NFL is working to do the same for theirs. Just this past weekend, near Phoenix, about $1million in knockoff NFL merchandise was seized by the feds. Merchandise included watches, other jewelry, and even flasks. Yikes.
"Faking It" exhibit continues at FIT
New York's Fashion Institute of Technology recently launched an exhibit in their museum examining the history of copying, both authorized and unauthorized, as the $600billion counterfeit industry continues to threaten designers. Faking It: Originals, Copies and Counterfeits displays genuine and copied items from designers like Louis Vuitton and Coco Chanel--2 designers who have actually stood on opposite sides of the issue. Following Charles Fredrick Worth's debut of a label in his designs in 1903, brands like Louis Vuitton have worked tirelessly to protect themselves against fakes. Meanwhile Madam Chanel once said "One should not bother to protect that which dies the minute it is born". Is she right?
Patrons of the exhibit get to check out bags, suits, dresses and more, all while comparing the real to the fake. A little fashion law history is laid out as well. The exhibit lasts until April 25th.
Louis Vuitton and Google partner to fight fakes
Continuing their quest to forever protect their well-known brand, LVMH is now working with Google to keep the conglomerate safe on the internet. After filing many lawsuits against Google for harboring ads and sales of infringing merchandise, the 2 major brands have signed a cooperation agreement, promising to end their legal dispute. The deal provides for each side to combine their resources to keep counterfeit LV items from being marketed and sold via the internet giant.
Is this the start of stronger crackdowns? Let's keep watching.
A lot has been going on in fashion law lately, so we want to make sure you're up to speed. Here's the latest:
Ralph Lauren forced to destroy knockoffs
In October, Converse sued a bunch of designers who infringed on their famous Chuck Taylor shoe. Now, as part of their settlement, RL has decided to destroy their 36 infringing styles, along with all molds and materials used to make them. Trademark protection is everything. Even big brands get caught up in it.
Seahawks are protecting their fans
Just in time for the Super Bowl, the Seattle Seahawks are working to trademark the number "12" and "boom". After successfully registering "Legion of Boom", efforts to secure "12th man"and just the number "12" in jersey font have proven a bit more difficult because of marks already in use. The Seahawks aren't giving up, though. They're working to find as much specificity as possible to protect what's pushed them to their 2nd Super Bowl in 2 years. Good luck!
Federal Agents Seize Super Bowl Fakes
While Seattle is trying to protect their brand, the NFL is working to do the same for theirs. Just this past weekend, near Phoenix, about $1million in knockoff NFL merchandise was seized by the feds. Merchandise included watches, other jewelry, and even flasks. Yikes.
"Faking It" exhibit continues at FIT
New York's Fashion Institute of Technology recently launched an exhibit in their museum examining the history of copying, both authorized and unauthorized, as the $600billion counterfeit industry continues to threaten designers. Faking It: Originals, Copies and Counterfeits displays genuine and copied items from designers like Louis Vuitton and Coco Chanel--2 designers who have actually stood on opposite sides of the issue. Following Charles Fredrick Worth's debut of a label in his designs in 1903, brands like Louis Vuitton have worked tirelessly to protect themselves against fakes. Meanwhile Madam Chanel once said "One should not bother to protect that which dies the minute it is born". Is she right?
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| Afternoon Dress by Charles Fredrick Worth (1903) |
Patrons of the exhibit get to check out bags, suits, dresses and more, all while comparing the real to the fake. A little fashion law history is laid out as well. The exhibit lasts until April 25th.
Louis Vuitton and Google partner to fight fakes
Continuing their quest to forever protect their well-known brand, LVMH is now working with Google to keep the conglomerate safe on the internet. After filing many lawsuits against Google for harboring ads and sales of infringing merchandise, the 2 major brands have signed a cooperation agreement, promising to end their legal dispute. The deal provides for each side to combine their resources to keep counterfeit LV items from being marketed and sold via the internet giant.
Is this the start of stronger crackdowns? Let's keep watching.
B.A.F.F.L.E.D. Fashion Law
Victoria's Secret Loses Its Pink--
In a recent London-based lawsuit, the famous lingerie line lost their ability to use the "Pink" trademark. Victoria's Secret, an L Brands line, was sued by Thomas Pink, an English brand specializing in dressing men for work and formal events. While you can find Thomas Pink items in America at various retail stores like Macy's, the brand thought VS's use of "Pink" brought confusion to the market.
A trademark is a symbol used in the market to signal the source, and often quality, of goods. Popular trademarks are often registered with their respective nation's trademark office, and provide protection to the brand. Thomas Pink accused Victoria's Secret of infringement based on confusion, claiming the separation of brands may not be distinct enough to shoppers seeking ties and dress shirts--not hoodies and panties.
The men's line was delighted to find a judge agree the trademarks were too similar for comfort in this global market. “We are delighted with the outcome of this case, and will continue to protect the considerable investment that has been made into building Thomas Pink into a leading luxury clothing brand,” Jonathan Heilbron, the company’s chief executive officer said.
This outcome could set the pace for stricter regulation of trademarks. Brands are taking advantage of both vertical and horizontal integration, so the selection and use of names in a global market largely dependent on internet and social media is increasingly difficult. Of course Victoria's Secret believes the clear distinction in customer base alleviates any confusion between the 2, but for now, they'll have to figure out some other mark for their varsity line. Any ideas?
In a recent London-based lawsuit, the famous lingerie line lost their ability to use the "Pink" trademark. Victoria's Secret, an L Brands line, was sued by Thomas Pink, an English brand specializing in dressing men for work and formal events. While you can find Thomas Pink items in America at various retail stores like Macy's, the brand thought VS's use of "Pink" brought confusion to the market.A trademark is a symbol used in the market to signal the source, and often quality, of goods. Popular trademarks are often registered with their respective nation's trademark office, and provide protection to the brand. Thomas Pink accused Victoria's Secret of infringement based on confusion, claiming the separation of brands may not be distinct enough to shoppers seeking ties and dress shirts--not hoodies and panties.
The men's line was delighted to find a judge agree the trademarks were too similar for comfort in this global market. “We are delighted with the outcome of this case, and will continue to protect the considerable investment that has been made into building Thomas Pink into a leading luxury clothing brand,” Jonathan Heilbron, the company’s chief executive officer said. This outcome could set the pace for stricter regulation of trademarks. Brands are taking advantage of both vertical and horizontal integration, so the selection and use of names in a global market largely dependent on internet and social media is increasingly difficult. Of course Victoria's Secret believes the clear distinction in customer base alleviates any confusion between the 2, but for now, they'll have to figure out some other mark for their varsity line. Any ideas?
B.A.F.F.L.E.D. Fashion Law
How to Spot Fake Merchandise--
This topic has been visited a few times--on this site through various posts, and by some of our fashion law friends. However, a reminder is always good, especially as e-commerce continues to dominate. We want to make sure you're fully aware of what you're buying, and why you shouldn't be buying items not properly sourced to the right designer.Here's some guidance on purchasing the right pieces:
It's improperly placed
If it's not in an approved retailer, is positioned in a mall kiosk, or is sold on a street corner or out of a trunk--it's fake!
The price is too good to be true
Real luxury goods come at a cost. When you enter their stores, they'll tell you you're making and investment, not a purchase. If the price is way beyond right, it's not real. No hardworking designer--established or rising--is short selling their work.
It doesn't look quite right
Does the design look just a tad bit off? Are the letters skewed? Are the letters wrong?! If anything about the item is not right--it's fake. Artists are perfectionists, and they don't let imperfect products hit the market. If an item looks off, don't buy it.
The signs are obvious
This is when logos are incorrect. Trademarks are terribly infringed, and real artistry is compromised. You know you are dealing with a fake when all of the 3 above are present. You can also be sure when the seller can barely give you facts about the brand. Frequenting designer shops--even department stores--you'll find knowledgeable sales associates who know about what their selling. When you can't get a straight story on what you're buying, keep your money.
It's produced in the gray market
Gray market goods skirt the line of infringement. Their crafty, shifty ways to make goods seem legit. They're not. Gray market goods are produced at legitimate factories, but under illegitimate terms. These goods are categorically fake. Don't support them. They're made contrary to the factory's terms with the designer, skim designers of their rightful money, and impair brand quality in the market. How would you want your hard work treated? As Fashion Law Trailblazer Susan Scafidi points out in this news spot on Superfakes, these items often fund organized crime and terrorism.
The Rating System
(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. We still discourage purchase of these.
(4) A terrible fake. Sellers and buyers should know and do better. Smh.
Be careful when shopping and make sure your purchases are legit on all levels. For more, check out our 3-part series on The Battle Against Counterfeits.
B.A.F.F.L.E.D. Fashion Law
The Movement Continues!
It wasn't all that long ago our Fashion Law Friend Staci Riordan wrote about The Movement that is Fashion Law. She noted how the niche is growing and something to be taken quite seriously. Literally following in the heels of Susan Scafidi, who is beyond major in putting our niche on the map, the reality of fashion law is continuing to make waves.
At the hands of Staci, Loyola Law School in California will be launching the Fashion Law Project--a department in the law school dedicated to this stylishly growing field of law. We are so excited for Staci, and the many law students who will get the chance to study Fashion Law at Loyola.
The Fashion Law Project, like its big sister in NYC, the Fashion Law Institute, will include classes like Fashion Law Business Transactions, Fashion Modeling Law, and even a Fashion Law Clinic.
As you all know, Fashion Law is really the reason this blog exists. Seeing this niche grow the way it has and continues to, will keep us bringing you all the Fashion Law news, updates, and runway shows you need to stay in the know.
Can't wait to see where the next Fashion Law program will pop up!!
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
Happy Birthday Fordham Fashion Law Institute!!
Not too long ago, fashion law was a twinkle in our eye. And now the Fashion Law Institute, a landmark fixture in the industry, is turning 2 years old! We are so excited about this feat. For those of us who love fashion law, we know how important this is.
Our fashionable trailblazer in fashion law, Susan Scafidi, set out to make this Institute her baby, and has taken it all the way down the catwalk. I got the privilege of visiting and was beyond amazed at what she has put her stiletto print into. Glamorous kudos to her!
In addition to being the author of Counterfeit Chic, she is also the brains and fashionable attorney/Academic Director behind the Fashion Law Institute at Fordham Law School. For years, so many of us just wanted a class on fashion in law school--now, we have an entire Institute. The Institute offers a clinic, bootcamp, and help to the fashion district, and seminars for practicing attorneys living and loving the field. It also happens to be located right in the Fashion District. How perfect!
Happy Birthday!!
Not too long ago, fashion law was a twinkle in our eye. And now the Fashion Law Institute, a landmark fixture in the industry, is turning 2 years old! We are so excited about this feat. For those of us who love fashion law, we know how important this is.
Our fashionable trailblazer in fashion law, Susan Scafidi, set out to make this Institute her baby, and has taken it all the way down the catwalk. I got the privilege of visiting and was beyond amazed at what she has put her stiletto print into. Glamorous kudos to her! In addition to being the author of Counterfeit Chic, she is also the brains and fashionable attorney/Academic Director behind the Fashion Law Institute at Fordham Law School. For years, so many of us just wanted a class on fashion in law school--now, we have an entire Institute. The Institute offers a clinic, bootcamp, and help to the fashion district, and seminars for practicing attorneys living and loving the field. It also happens to be located right in the Fashion District. How perfect!
Happy Birthday!!
B.A.F.F.L.E.D. Fashion Law
The Root of Fashion Week...is Fashion Law--
Clearly, questioning the validity of fashion law is fading. There was a time when "fashion law" got blank stares and/or a series of questions. That response is escaping, as it should be. Today, with fashion being such a major focal point in our economy and everyday lives, people understand what it is and why it's needed.
The root of fashion law goes back to the start of fashion in general--likely the times when Sir Charles Fredrick Worth began putting tags with his name on it in the dresses he designed. As we continue in excitement about New York Fashion Week, we can point to fashion law as its source. We mentioned Dressing Constitutionally as a new must-read for legal fashionistas. Now, Intellectual Property at the Edge: The Contested Contours of IP, a book edited by professor Jane C. Ginsburg of Columbia Law School, is due out this year.
The new book includes a chapter by Columbia Professor C. Scott Hemphill. He discusses the start of the Fashion Originators' Guild of America--a union of designers working together to keep their designs protected. They agreed not to work with entities who infringed on the designs of members, thereby supporting the counterfeit and knockoff market. You can even see some of their authorized labels here. In 1941, the U.S. Supreme Court denied their attempts at protecting themselves as violations of antitrust law.
Despite the ruling of the Court, the Guild's seasonal shows of their original work strolled on. This was not only their way of showing their stuff, but letting everyone know it belonged to them. It was also the mother of the modern-day New York Fashion Week.
“The Fashion Originators’ Guild of America: Self-Help at the Edge of IP and Antitrust,”, Professor Hemphill's chapter in the book takes a deeper look into the court case, antitrust issues, and where protection of fashion designs currently lies. See, fashion law is not only real, but more established than you'd think.
Can't wait to read this one!
B.A.F.F.L.E.D. Fashion Law
The Next Must-Read: Dressing Constitutionally--
The Fashion Law Family is continuously supportive of its members. Today, we want to point you to the interview our friend at Law of Fashion Blog, Charles Colman uncovered on the collision between Fashion and Law. The interview was done by Ruthann Robson, author of Dressing Constitutionally: Hierarchy, Sexuality, and Democracy from Our Hairstyles to Our Shoes. Clearly we can't wait to read this one. It recounts historical perspectives on laws regarding dress, nudity, and things you wouldn't imagine having a connection.
Ruthann is a professor at the City University of New York School of Law. Her previous books include Lesbian (Out)Law and Sappho Goes to Law School. We are excited about this feature as it continues to put the pairing of fashion and law on the front-burner.
You can listen to the interview here. Congrats to Ruthann on tapping into yet another great niche in fashion and law.
Definitely adding this to the reading list!
The Fashion Law Family is continuously supportive of its members. Today, we want to point you to the interview our friend at Law of Fashion Blog, Charles Colman uncovered on the collision between Fashion and Law. The interview was done by Ruthann Robson, author of Dressing Constitutionally: Hierarchy, Sexuality, and Democracy from Our Hairstyles to Our Shoes. Clearly we can't wait to read this one. It recounts historical perspectives on laws regarding dress, nudity, and things you wouldn't imagine having a connection.
Ruthann is a professor at the City University of New York School of Law. Her previous books include Lesbian (Out)Law and Sappho Goes to Law School. We are excited about this feature as it continues to put the pairing of fashion and law on the front-burner.
You can listen to the interview here. Congrats to Ruthann on tapping into yet another great niche in fashion and law.
Definitely adding this to the reading list!
B.A.F.F.L.E.D. Fashion Law
Legal Prodigy Wants to Study Fashion Law--
Didn't we tell you it was real? 18 year old Gabrielle Turnquest has passed the Bar of England and Wales, nearly 10 years earlier than most--and she wants to practice Fashion Law!
This Florida native is planning to return to the States to take the bar, begin working as a fashion law specialist and continue her work in the apparel industry. This is not Gabrielle's first major achievement. She also graduated from Liberty University in Virginia at the age of 16.
Gabrielle plans to use her talents in the Bahamas, native home to her parents. Certainly she'll make a great impact there, and a wonderful stiletto print for fashion law.
For so long, many of us fashion lawyers have gotten the side eye, or "oh...ok" when saying we want to, or do practice fashion law. This is quickly changing. With people like these fabulous Ladies of Fashion Law--and the gents, too--this niche is becoming the best looking option for lawyers who think outside the box.
Congrats to Gabrielle! We wish her all the best.
Welcome to the family!
B.A.F.F.L.E.D. Fashion Law
The Battle of Counterfeits in Big Cities, Part 3--
Not too long ago, we started talking about the fight large American cities have against counterfeits in their markets. We discussed how they get to the market, and what legislatures and law enforcement are doing to counter the problem. Today, we're taking things a little bit further. Here are 3 additional points about the counterfeit market.
Counterfeits v. Employment
The Cost Hits Local Governments, Too
It doesn't get the news coverage it may deserve to help alleviate it, but the fake trade has been linked to drug trafficking, child labor, and even terrorism. Counterfeiting often feeds drug rings and are literally accessories in human trafficking. Further, children are frequently used to produce illegal items. The Zara factory in Argentina was investigated and shut down earlier this year because of poor working conditions, no breaks for adult workers, and consistent use of children in their labor force. The investigation also included a search into whether or not unauthorized products were made. The gray market is heavily sustained by child labor.
Not too long ago, we started talking about the fight large American cities have against counterfeits in their markets. We discussed how they get to the market, and what legislatures and law enforcement are doing to counter the problem. Today, we're taking things a little bit further. Here are 3 additional points about the counterfeit market.
Counterfeits v. Employment
Counterfeits are directly responsible for the loss of over 750,000 American jobs. As we mentioned before, having particular global locations be responsible for certain pieces in the economic cycle is not a bad idea. it works well in many ways. However, having local jobs is necessary in every nation. It may be more efficient for a nation or city to produce certain products because of their climate or other unique settings. But, moving jobs overseas to keep profits sky high is not helpful to the overall economy. It is also a detriment to the receiving nations, where they often work for wages and in conditions Americans would never accept. We also can't forget how much counterfeits cost the actual brands. This starts a chain reaction as well. International copyright piracy has cost U.S. companies $9billion in trade losses.
The Cost Hits Local Governments, Too
In NYC alone, counterfeit sales cost residents about $1billion in lost sales tax. This is doing the same in places like Chicago, Atlanta, LA and other areas with large fashion constituencies. Local governments are already struggling to keep services and necessities available. Missing additional tax revenue is not helpful. Sure, some tourists make it a point to visit the counterfeit markets when traveling, but this takes away from the money used for local infrastructure and contributes to the financial hardships in which many cities have found themselves.
There is a Social Cost
There is a Social Cost
It doesn't get the news coverage it may deserve to help alleviate it, but the fake trade has been linked to drug trafficking, child labor, and even terrorism. Counterfeiting often feeds drug rings and are literally accessories in human trafficking. Further, children are frequently used to produce illegal items. The Zara factory in Argentina was investigated and shut down earlier this year because of poor working conditions, no breaks for adult workers, and consistent use of children in their labor force. The investigation also included a search into whether or not unauthorized products were made. The gray market is heavily sustained by child labor.
Harper's Bazaar has been extremely active in the battle against counterfeits in their Fakes are Never in Fashion campaign. Check them out and see what you can do to help keep fakes out of the market.