Saved By The Trinkets
Hello loves,
Are any of you an aspiring luxury handbag designer? Recently, I had to do some extensive research on, how a designer goes about acquiring protection for their original designs. As many of you may already know, you are not able to gain protection for any feature of your design that is “functional”. Function, meaning that in order to make the object what it is, certain aspects are needed. An example of a functional aspect is the standard buttons on a coat. However, if a designer goes as far as to 1) create a sculptured button that is an original idea, 2) that can stand alone as a piece of art if separated from the coat; those decorative/ornamental, buttons can be gain copyright protection.
How does this apply to handbags? Before law school I often wondered how despicable individuals, were able to take a handbag and create look alike knockoffs. Well, know that I am completely judging anyone who would take someone else’s idea and try to pass it off as their own. Even in the fashion industry this is still considered stealing!
First, if you are a designer of handbags, you are able to copyright and or trademark all parts of your handbag that is NOT functional, but conveys information. Therefore, all elaborate designs that are your original creation such as graphics, embroidery, unique designs in fabric and very unique jacquard weaving, can be federally protected.Brand logos are protectable, too,
Second, high end handbags have trinkets on them that are removable. If you take a closer look, these trinkets usually resemble the designer’s federally protected trademark in a three dimensional form. Some bags also have a silk lining that reflect the designer’s trademark.
As a designer, you have a right for your customer to not be confused as to the source and quality of their merchandise. Therefore, although someone can disrespectfully create a look alike of your work, they are not able to use an exact replica of your original designs without your permission. If you successfully obtain federal protection of your marks, and or graphics design, you are on your way to gaining notoriety in the fashion industry. Notoriety is your trade dress, which is the image are you recognized by and the way it is displayed in the market.
Third, get to work. Go forth and be creative. Put your designs out for the public to purchase.
Until next time…
SPOT THE FAKE...
Beverly Hills Fashion Law Symposium 1/12!
Fashion Forward: Wearable Technology, Design Patents, Privacy, and the latest Fashion Law Cases--
It's time again for some fab fashion law symposiums! Well, it's actually always time, but the next one is fast approaching. The fashionable folks at the Beverly Hills Bar Association are hosting a wonderful panel discussion this coming Thursday! Some fashion law faves will be presenting, so we know it's sure to be a good time.
Check out the details below and register NOW!!
IP, Internet & New Media Sections
Present
Fashion Forward: Wearable Tech, Design Patents, Privacy, and the latest Fashion Law Cases!
Learn the latest in fashion law innovations: Wearable technology and where it is headed, how to use design patents as protection, privacy issues in the fashion industry (who is monitoring you!), what you need to know about FTC issues regarding sponsored products in fashion blogs, plus the Varsity case which is on deck to be heard by the Supreme Court in 2017!
Speakers:
Victoria Burke, Esq. Director of Business Development, Raw Science TV
Craig Gelfound, Esq. Partner, Head of Arent Fox's Intellectual Property Group (LA office) and Adjunct Professor at Southwestern Law School
Danielle Garno, Esq. Shareholder, Greenberg Traurig LLP- Fashion Law Practice
Hillary Kane, Esq. Professor of Fashion Law at Southwestern Law School, of Counsel at altView Law Group, and Founder of Raising Kane Consulting
When:Thursday, January 12, 2017, 12:00 pm to 2:00 pm(Program at 12:30pm)
Where: Lawry's the Prime Rib (Directions, Free Underground Parking)
$0 - Members of The Order of Distinguished Attorneys
$45- BHBA Members who pay in advance*
$245 - Non-BHBA Members who pay in advance*
Interested in Membership?Try it Free, No Commitment, for 30 days
Azita Mirzaian, Esq. & Michael Lovitz, Esq - Section Co-Chairs
Martin Keleti, Esq. - Vice Chair | Victoria Burke, Esq. - Program Chair
* Advanced registration closes 24 hours prior to event time. Registrations received thereafter include a $25 additional fee. Full refund with 48 hours notice. Raincheck with 24 hours notice.
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.5 Hours of Participatory Creditand the Beverly Hills Bar Association certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.
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B.A.F.F.L.E.D. Fashion Law
While a change in the models we see strutting down the catwalk may be a fashion week or 2 away, a new French law could be just what effects the change. This past December, France passed a law ultimately protecting the health of fashion models, requiring medical professional clearance to work. The requirements are for both print and runway models.
The U.S. has taken a step to address child labor laws at the national level, but is also being pressed to do the same for adult models hitting runways, commercials, and print ads. With Paris being considered a fashion capital to many, this landmark change happening on their turf 1st is likely to force a tide change in other fashionable cities and countries as well. The American Journal of Public Health applauded the French law and encouraged something similar to pass in America. It is highly unlikely a designer would show looks on certain models in 1 city, without keeping those looks pretty similar in another.
On the heels of our race in fashion post, it is important to know diversity in fashion calls for both cultural and physical integration. As many French designers faced backlash for resisting the change and pressure to "infringe on their creative control", the same would be the case here if the battle got too hot. With many designers already responding to calls for more diversity in fashion--working to address both racial and physical inequalities in the industry, we are hopeful this trend will be as long-standing as denim in every closet.
International Business Times delved a bit deeper into this trend change. Check our more here.
...See, we told you fashion law was intellectual property and more!
B.A.F.F.L.E.D. Fashion Law
any other item in our daily lives, they've had both positive and harmful affects on the fashion industry. The "Runway to Rack" model has created its own lane in fashion, and unfortunately hurt designers. This is the business model allowing a photo of a runway design to immediately hit a manufacturing table, and in as little as 2 weeks--a fast fashion rack. Luxury, and even startup brands have struggled with this quite a bit in the last decade or so. Technology, talent, and sales all cut both ways.
B.A.F.F.L.E.D. Fashion Law
Zara was just sued by the socially-conscious brand, Reformation for infringing on their model-moniker-bearing sweatshirt design. Reformation previously sold a plain grey sweatshirt with model Cindy Crawford's name across the chest. Zara is now selling a similarly styled shirt--but bearing the model Elle Macpherson's name. B.A.F.F.L.E.D. Fashion Law
One of the first cases making waves in this new year is Navajo Nation's lawsuit against Urban Outfitters. It began in 2012 when Navajo Nation sued the retailer for using "Navajo" to describe a variety of items--including underwear and flasks.Last week, the judge on the case ruled the Nation has standing to protect use of the term "Navajo", keeping it from being used, particularly when the usage is inappropriate, unauthorized, and undesirable. Clearly these items are not genuine Navajo. The Indian Arts and Craft Act gives Native American tribes the tools necessary to protect their culture and how it is uses in the marketplace. Urban Outfitters claims the term "Navajo" is a generic term, simply used to describe. Members of Navajo Nation obviously disagree. This case will likely go to trial, as Navajo Nation is seeking damages--now for an undisclosed amount.
This case could provide the landmark decision on cultural appropriation. But, where are the lines? Many celebrities have been accused of cultural misappropriation lately, and a case like this could absolutely provide a pathway for the handling of cultural mishandlings. In a letter from a Member of the Navajo Nation to Urban Outfitters CEO, the writer expressed complete disgust over their "blatant racism and perverted cultural approbation".
We've seen Urban Outfitters with such fashion faux pas before--like "Obama Black" Holocaust Shirt". What are they not getting?!? In the past, they explained themselves saying it was a careless error in how they edited their website. Apparently there was also an "Obama Blue" shirt. Emm. Ok. They seem to get this wrong quite a bit...
To what degree do we own our cultural practices? What cultural practices mean the most to you? Why?
Discuss!
B.A.F.F.L.E.D. Fashion Law
B.A.F.F.L.E.D. Fashion Law
Just as U.S. Congresswoman Meng (D-NY) is working to address child labor issues in the United States, France is working to improve the culture of fashion modeling in one of the industry's oldest markets.
To ensure the reforms are real, France is requiring doctors' approval for models to participate in shows, proving they are not too thin, and healthy enough to take the catwalk. This is a major step in an industry that's been fighting labor health and image issues for so long. The bill passed by the French National Assembly also requires photos which have edited a model's appearance to note what edit was made.
Similar to the laws already in place in Italy, Spain, and Israel, France's law includes fines for modeling agencies and advertisers in non-compliance. While there is no law of this kind in America, we hope this is the start of a trend to promote not only healthy bodies in the modeling industry--of all sizes, but positive body images and high self-esteem, too.
Cheers to France on this move.
B.A.F.F.L.E.D. Fashion Law
B.A.F.F.L.E.D. Fashion Law
Counterfeiting is about 2% of world trade--equating to about $1trillion, according to the International Chamber of Commerce. Make no mistake, many purchasers of counterfeits were never going to purchase the real thing anyways. But, some were, and got bamboozled. Whether they were looking for the real thing or just something to pass at a quick glance, the harm done by fakes doesn't change. There's a cost far greater than the black market price.