DOCSLIB.ORG

The Rise of Non-Traditional Trademarks in the Fashion Industry

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Rise of Non-Traditional Trademarks in the Fashion Industry 10/2/2019 PARIS FASHION LAW AND INNOVATION CONFERENCE The Five Sense: The Rise of Non-Traditional Trademarks in the Fashion Industry Céline Bondard, Principal, Cabinet Bondard (Moderator) Nathalie Dreyfus, CEO & Founder, Dreyfus Olivera Medenica, Partner, Dunnington, Bartholow & Miller LLP Maria Vathis, Of Counsel, Bryan Cave Leighton Paisner Access Materials – www.fedbar.org/ParisFashion19-materials #FBA #FABA 1 Any word, slogan, scent design, or combination thereof, that identifies the symbol source of your goods and services and distinguishes them color from the goods and services of another product design party. word WHAT IS A TRADEMARK? TM® #fashionlaw #teamdunnington 2 1 10/2/2019 WHAT IS A TRADE DRESS? Trade dress is not defined in e.g. the Lanham Act. The Supreme Court has found that: (1)Trade dress constitutes a symbol or device within the Trade dress protection can serve an important function in fashion Lanham Act definition of a design. trademark. and (2)A symbol or device means almost anything that can carry meaning. Trade dress is the total image of a product, which may include features such as size, shape, color or color combinations, textures, or graphics. 3 DISTINCTIVENESS NOT FUNCTIONAL In order to obtain trade dress Feature is functional if it “is protection, the trade dress must be: essential to the use or purpose of the article or [the feature] affects the • Inherently distinctive; or cost or quality of the article.” • Have gained secondary meaning over time. Standards for Trade Dress Protection 4 2 10/2/2019 Secondary meaning occurs when the particular TM transcends public awareness such that people, in Secondary general, do not associate it with the product Meaning category, but rather with the specific company/brand. Factors to consider: • Amount and manner of advertising; • Volume of sales; • Duration of use; • Consumer surveys. #FASHI ONLAW 5 TWO PESOS, INC. V. TACO CABANA, CA 505 U.S. 763, 112 S.CT. 2753 (1992) SE #fashionlaw #trademark infringement 6 3 10/2/2019 QUALITEX CO. V. JACOBSON PRODUCTS CO., INC., CA 514 U.S. 159 (1995) SE #fashionlaw #trademark infringement 7 WAL‐MART STORES, INC. V. SAMARA BROS., CA 529 U.S. 205(2000) SE #fashionlaw #trademark infringement 8 4 10/2/2019 PRODUCT PACKAGING e.g. 9 PRODUCT DESIGN e.g. 10 5 10/2/2019 #FASHI ONLAW FUNCTIONALITY & AESTHETIC FUNCTIONALITY Madden's Shipper bag (left) & Cult Gaia's Ark bag (right) 11 Trade Dress PRODUCT PACKAGING & Functional‐ PRODUCT DESIGN No Registration Non‐Functional Product Product Design Packaging Secondary Meaning Inherently Secondary Distinctive Meaning 12 6 10/2/2019 France & Fashion Law The center of haute couture 2019 Fashion week’s figures 1,2 billion € of benefits for the Paris fashion industry per year 400 shows per year, 50% of which being foreign brands 27 trade fairs welcoming 14 000 exhibitors 300 manufacturing workshops 100 000 individual visitors per year to fashion shows 13 Protecting fashion by trademark Art 15(1) TRIPS Agreement “Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark”. Directive (EU) 2015/2436, December 16, 2015 : extends the protection to non traditional trademarks. Article L711-1 of the IP French Code : “Signs may include: (a) denominations in all forms, such as: words, combination of words, surnames and geographical representations, pseudonyms, letters, numerals, abbreviations; (b) audible signs such as: sounds, musical phrases; (c) figurative signs such as: (…) shapes, particularly those of a product or its packaging, or those that identify a service; arrangements, combinations or shades of colour.” February 22, 2019 : suppression of the graphical representation requirement (“Loi PACTE”) L’Oréal v Bellure, ECJ, June 18, 2009 (C- 487/07) Iron & Smith v Unilever, ECJ, September 3, 2015 (C-125/14) 14 7 10/2/2019 Protecting fashion by trademark ECJ, Arsenal Football Club Plc Guarantee of indication v Matthew Reed, C-206/01, of origin November 12, 2012. Guarantee of quality Paris Court of Appeals, n° 13/02902 September 16, 2014. Paris Court of Appeal, Sté Shanghai Ylangting, December 21, 2012, n° 12/07836 15 Abandon of the graphical representation requirement “clear, precise, self-contained, easily accessible, intelligible, durable and objective” Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 A sign should be able to be represented with generally available representation methods rather then necessarily in a graphical way. Opens the door to non traditional trademarks. Now possible to represent the mark in MP3, MP4, GIF But still difficult for scent trademarks, as there is no technical or technological ways to represent scent marks. 16 8 10/2/2019 Non traditional trademarks in fashion “Non traditional marks” generally covers Position Motion Trademark marks, other than word, figurative or Trademarks complex marks, that are used to identify products or services. 2 categories : • visible signs (colors, motions, shape) and • non-visible signs which relate to all of the five senses (sounds, smells scents, Colour Pattern tastes and textures). Trademark Trademark Only around 1,400 out of nearly 300,000 applications filed as EU trademark since October 1st, 2017 are non-traditional trademarks !! 17 French Case Law TGI of Paris, 3rd chamber, 2nd section, May 16, 2014, n°13/00860 - Wrangler 18 9 10/2/2019 French Case Law Tribunal of grande instance of Paris, 3rd chamber 4th section, March 15, 2012, n°11/06508 - Burberry “the consumer in front of a pair of Charentaises, quite usually decorated with a Scottish decoration, will perceive it as a whole without distinguishing structure and combination of colours and will therefore not be led to consider that because of the particular layout of the lines, the product presented to him has as its origin the company Burberry ltd” 19 French Case Law • French High Court, May 30, 2012, • French Court of Appeals Paris, May 15, n°11-20724 - Louboutin v. Zara 2018, n°17/07124, SAS Kesslord Paris c/ SAS Christian Louboutin Christian Louboutin registered trademark representing a "red sole of a shoe" in 2001 The French Supreme Court held that the Louboutin’s trademark registration was invalid and rejected the argument of confusion. 20 10 10/2/2019 European Union Case Law 3D TRADEMARK ECJ, Christian Louboutin v van Haren Schoenen BV , C-163/16, June 12, 2018 This was not only a question of a shape combined with a color, but it was more a question of protecting the application of a color to a specific part of a product. “a sign consisting of a colour applied to the sole of a high-heeled shoe, such as that at issue in the main proceedings, does not consist exclusively of a ‘shape” ECJ, Textilis Ltd v Svenskt Tenn AB, C-21/18, March 14, 2019 If a motif is applicable to a form, it does not mean that it is imposed by the form of this product. 21 European Union Case Law POSITION TRADEMARKS ECJ, Deichmann SE c. EUIPO and Munich SL, June 6, 2019 (C-223/18) : the black cross. TUE, Adidas AG and Marques c. EUIPO and Shoe Branding Europe BVBA, June 19, 2019 (T-307/17) : the three stripes trademark. 22 11 10/2/2019 No trade dress in France Trade dress is a type of trademark law that extends to the configuration (design and shape) of a product itself. It “may include features such as size, shape, color or color combinations, texture, graphics or even particular sales techniques.” (Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 765 (1992)) Conditions : 1- The trade dress does not serve a "functional" purpose 2- It is "distinctive" Alternative to trade dress in France ? Copyright 3D trademarks Design 23 Interpretation of the European Court of Justice ECJ, Colloseum Holding AG v Levi Strauss & Co, C-12/12, April 18, 2013 Preliminary ruling Mark n°3 Mark n°6 24 12 10/2/2019 LITIGATION: A PERSPECTIVE FROM THE UNITED STATES 25 SAMPLE LITIGATION BUDGET 1. Pleadings/Motions $25,000 - $50,000 2. Injunctive Relief $50,000 - $100,000 3. Written Discovery $25,000 - $100,000 4. Oral Discovery $25,000 - $75,000 5. Expert Discovery $25,000 - $125,000 6. Summary Judgment $25,000 - $50,000 7. Trial $100,000 - $1 million+ 8. Post-Trial Motions $25,000 - $50,000 9. Appeals $25,000 - $75,000 Range: $325,000 - $1,625,000+ 26 13 10/2/2019 FACTORS THAT IMPACT THE TOTAL COST OF LITIGATION -Size of Case -Number of Experts -Size of Company -Opposing Counsel -Number of Motions -Court Rules -Amount of Discovery -Court Schedule -Electronic Discovery -Length of Trial -Number of Depositions -Appeal 27 THE LANHAM ACT Monetary Damages Recoverable Under the Lanham Act: • Lost Profits • Actual Damages • Treble Damages • Statutory Damages Plaintiff Can Recover: • Defendant’s Profits • Any Damages Sustained By Plaintiff • Costs of the Action The court has a great deal of discretion to fashion relief based on the totality of the circumstances. In assessing damages, the court may enter damages for any sum above the amount found as actual damages, not exceeding three times that amount. The court may award reasonable attorney fees to the prevailing party. The plaintiff can also elect to recover statutory damages instead of actual damages in an amount not less than $1,000 or more than $200,000 per counterfeit mark per type of goods or services sold or as the court considers just; or (2) if there was willful useof a counterfeit mark, not more than $2,000,000 per counterfeit mark per type of goods or services sold, offered for sale or distributed.
Load more

Recommended publications
  • Unlocking the Reuse Revolution for Fashion: a Canadian Case Study
    Unlocking the Reuse Revolution for Fashion: A Canadian Case Study by Laura Robbins Submitted to OCAD University in partial fulfillment of the requirements for the degree of Master of Design in Strategic Foresight & Innovation Toronto, Ontario, Canada, 2019 Copyright Notice This document is licensed under the Creative Commons Attribution-NonCommercial- ShareAlike 4.0 International (CC BY-NC-SA 4.0). https://creativecommons.org/licenses/by-nc- sa/4.0/ You are free to: • Share — copy and redistribute the material in any medium or format • Adapt — remix, transform, and build upon the material Under the following conditions: • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. • NonCommercial — You may not use the material for commercial purposes. • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original. ii ABSTRACT This research aims to explore the potential of clothing reuse as a stepping stone towards a more circular economy for fashion. A systems approach to problem finding, framing, and solving is applied to explore how we might increase fashion reuse behaviours amongst consumers and industry alike. This research includes an analysis of the key barriers that prevent higher rates of participation in fashion reuse despite the potential economic, environmental, and social benefits of doing so (Part 2), and identifies areas of opportunity to focus innovation (Part 3). Research methodology included more than 30 one-on-one consumer interviews, 20 interviews with industry professionals along the fashion value chain, and an extensive environmental scan with a particular focus on the Canadian market.
    [Show full text]
  • Protecting Moral Rights Without Disturbing the Fashion Dynamic
    Note The Sartorial Dilemma of Knockoffs: Protecting Moral Rights without Disturbing the Fashion Dynamic Margaret E. Wade In the months leading up to the wedding of Prince William and Catherine Middleton‘s wedding, the future Duke and Duchess of Cambridge kept Catherine‘s gown a secret. But as soon as she stepped out to reveal Sarah Burton‘s Alexander McQueen creation to the world, copycat designers began work- ing on knockoffs available for a fraction of the price.1 A similar phenomenon occurs every year during awards season, when film and television stars parade in couture gowns on the red carpet and copycat designers immediately manufacture repli- cas.2 Beyond the glitz of high couture, an emerging designer‘s worst nightmare is to discover copies of her original designs in ―fast fashion‖ stores like H&M, Zara, and Forever 21.3 In a typ- J.D. Candidate 2012, University of Minnesota Law School; B.A. 2008, St. Olaf College. Copyright © 2011 by Margaret E. Wade, J.D. Candidate 2012, University of Minnesota Law School; B.A. 2008, St. Olaf College. Many thanks to Professor William McGeveran for helpful advice and mentorship, and to the Editors and Staff of the Minnesota Law Review, notably Laura Arneson and Sharon Grawe for their helpful suggestions and thoughtful edits. Special thanks to Miriam Carlson for fashion design inspiration. Finally, deepest thanks to Marti Wade, Ann-Charlotte Wade, and David Sayre for their con- stant love and support. Copyright © 2011 by Margaret E. Wade. 1. See Cheryl Wischhover, The First Kate Middleton Knockoff Wedding Gowns and Accessories Hit Stores; Here Are the Good, the Bad and the Ugly, FASHIONISTA (May 2, 2011, 12:10 PM), http://fashionista.com/2011/05/check-out -the-first-kate-middleton-knockoff-wedding-gowns-and-accessories/; see also Now You Can Own a Kate Middleton Knockoff Ring, GAWKER (Nov.
    [Show full text]
  • Fashion Frustrated: Why the Innovative Design Protection Act Is a Necessary Step in the Right Direction, but Not Quite Enough Casey E
    Brooklyn Journal of Corporate, Financial & Commercial Law Volume 7 | Issue 1 Article 9 2012 Fashion Frustrated: Why the Innovative Design Protection Act is a Necessary Step in the Right Direction, But Not Quite Enough Casey E. Callahan Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjcfcl Recommended Citation Casey E. Callahan, Fashion Frustrated: Why the Innovative Design Protection Act is a Necessary Step in the Right Direction, But Not Quite Enough, 7 Brook. J. Corp. Fin. & Com. L. (2012). Available at: https://brooklynworks.brooklaw.edu/bjcfcl/vol7/iss1/9 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of Corporate, Financial & Commercial Law by an authorized editor of BrooklynWorks. FASHION FRUSTRATED: WHY THE INNOVATIVE DESIGN PROTECTION ACT IS A NECESSARY STEP IN THE RIGHT DIRECTION, BUT NOT QUITE ENOUGH INTRODUCTION In 2007, Proenza Schouler, headed by designers Jack McCullough and Lazaro Hernandez, released a capsule collection with Target through the store’s Go International Designer Collective.1 In 2011, Target re-released some of the items from the collection,2 an action that can certainly be attributed to the prior success of the collection itself, but also one that can be attributed to the explosive success Proenza Schouler has seen within the last several years.3 Much of this success is thanks to the PS1, a shoulder bag retailing for between $1,695 and $9,250 in its mid-range size4 that became the “It” bag of the fashion world immediately upon its release in 2008 and has yet to see any hint of a decline.5 However, in the same year, Target released a $34.99 messenger bag that looked alarmingly similar to the PS1—so similar, in fact, that it was brought to the attention of the PS1 designers, who were not very happy about it.6 Shirley Cook, CEO of Proenza Schouler, voiced their frustration by saying, “So our product is in Target right now, and then this bag comes out .
    [Show full text]
  • Native American Fashion: Inspiration, Appropriation, and Cultural Identity
    NativeAmerican Fashion: Inspiration, Appropriation, and Cultural Identity Saturday, April 22, 2017 • 10:30 a.m. to 5:00 p.m. Diker Pavilion, National Museum of the American Indian Alexander Hamilton U.S. Custom House One Bowling Green • New York City Cosponsored by the Fashion Institute of Technology, State University of New York, Native/American Fashion: Inspiration, Appropriation, and Cultural Identity explores fashion as a creative endeavor and an expression of cultural identity, the history of Native fashion, issues of problematic cultural appropriation in the field, and examples of creative collaborations and best practices between Native designers and fashion brands. The program features distinguished scholars, fashion designers, and editors, including Anna Blume, Daniel James Cole, Joe Horse Capture, Adrienne Keene, Karen Kramer, Jessica Metcalfe, Douglas Miles, Lynette Nylander, Virgil Ortiz, Sherry Farrell Racette, Susan Scafidi, and Timothy Shannon. Moderated by Kathleen Ash-Milby, Eileen Karp, and Amy Werbel. Reception in the Rotunda, directly after the symposium. Live webcast at: AmericanIndian.si.edu/multimedia/webcasts Smithsonian National Museum of the American Indian NativeAmerican Inspiration, Appropriation, Fashion: and Cultural Identity PROGRAM 10:30 a.m. Welcome Kevin Gover, National Museum of the American Indian Ronald Milon, Fashion Institute of Technology, State University of New York 10:35 a.m. Opening Remarks Kathleen Ash-Milby, National Museum of the American Indian 10:45 a.m. MOBILITY AND CULTURAL IDENTITY THROUGH
    [Show full text]
  • The New Frontiers of Fashion Law Fashion of Frontiers New the • Rossella Esther Cerchia and Barbara Pozzo Barbara and Cerchia Esther • Rossella
    The New Frontiers of Fashion Law • Rossella Esther Cerchia and Barbara Pozzo The New Frontiers of Fashion Law Edited by Rossella Esther Cerchia and Barbara Pozzo Printed Edition of the Special Issue Published in Laws www.mdpi.com/journal/laws The New Frontiers of Fashion Law Editors Rossella Esther Cerchia Barbara Pozzo MDPI Basel Beijing Wuhan Barcelona Belgrade Manchester Tokyo Cluj Tianjin • • • • • • • • • Editors Rossella Esther Cerchia BarbaraPozzo University of Milan Universit`adegliStudidell’Insubria Italy Italy Editorial Office MDPI St. Alban-Anlage 66 4052 Basel, Switzerland This is a reprint of articles from the Special Issue published online in the open access journal Laws (ISSN 2075-471X) (available at: https://www.mdpi.com/journal/laws/special issues/fashion law). For citation purposes, cite each article independently as indicated on the article page online and as indicated below: LastName, A.A.; LastName, B.B.; LastName, C.C. Article Title. Journal Name Year, Article Number, Page Range. ISBN 978-3-03943-707-8 (Hbk) ISBN 978-3-03943-708-5 (PDF) Cover image courtesy of Nicolo` Lamberti. c 2020 by the authors. Articles in this book are Open Access and distributed under the Creative ! Commons Attribution (CC BY) license, which allows users to download, copy and build upon published articles, as long as the author and publisher are properly credited, which ensures maximum dissemination and a wider impact of our publications. The book as a whole is distributed by MDPI under the terms and conditions of the Creative Commons license CC BY-NC-ND. Contents About the Editors .............................................. vii Preface to ”The New Frontiers of Fashion Law” ...........................
    [Show full text]
  • Fashion's Destruction of Unsold Goods: Responsible Solutions for an Environmentally Conscious Future
    Fordham Intellectual Property, Media and Entertainment Law Journal Volume 30 XXX Number 2 Article 5 2020 Fashion's Destruction of Unsold Goods: Responsible Solutions for an Environmentally Conscious Future Ariele Elia Fordham University School of Law, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons Recommended Citation Ariele Elia, Fashion's Destruction of Unsold Goods: Responsible Solutions for an Environmentally Conscious Future, 30 Fordham Intell. Prop. Media & Ent. L.J. 539 (2020). Available at: https://ir.lawnet.fordham.edu/iplj/vol30/iss2/5 This Note is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Fashion's Destruction of Unsold Goods: Responsible Solutions for an Environmentally Conscious Future Cover Page Footnote M.S.L., Fashion Law, 2019, Fordham University School of Law; M.A., 2011, Fashion and Textiles: History, Theory, Museum Practice; B.A. Art History, 2008, Saint Mary’s College of California; Assistant Director, Fashion Law Institute. This Note is dedicated to my parents Stephanie Meyer and Allen Elia. I am grateful to Professor Trexler for inspiring the topic of this capstone paper. The first day of your ethics course you challenged me to look beyond the headline of H&M burning their products and to find a solution.
    [Show full text]
  • Overall Insight Into the Streetwear Fashion Business in the Past Decade
    Saimaa University of Applied Sciences Faculty of Business Administration, Lappeenranta Degree Programme in International Business Natalia Shukurova Overall Insight into the Streetwear Fashion Business in the Past Decade Thesis 2018 Abstract Natalia Shukurova Overall insight into the Fashion Business into the Last Decade, 73 pages, 2 appendices Saimaa University of Applied Sciences Faculty of Business Administration, Lappeenranta Degree Programme in International Business Thesis 2018 Instructors: Mr Jaani Väisänen Lecturer, Saimaa University of Applied Sciences The purpose of the thesis was to identify key aspects for establishing a successful fashion brand. The theoretical part concentrates on studying the general concept of fashion, consumer behavior and marketing methods. The first step of the empirical part of the study focuses on the analysis of fashion brands as examples of successful fashion brands. Which, it was followed by a survey implementation. A questionnaire was answered by 93 respondents and enough data to analyze was gathered. Enough empirical data was collected. As a result of this thesis, a set of suggestions and conclusions concerning aspects which needed to be highlighted in process of establishing fashion brand was created. It is supposed that having implemented outlined recommendations an imaginary creator of a fashion brand will eventually build a successful fashion brand. Keywords: fashion, consumer behavior, subculture, segmentation, brand, marketing, brand awareness, attitude 2 Table of contents Acknowledgements
    [Show full text]
  • It's Time for the Fashion Industry
    FASHION 2.0: IT’S TIME FOR THE FASHION INDUSTRY TO GET BETTER-SUITED, CUSTOM-TAILORED LEGAL PROTECTION Denisse F. García* “If you want to be original, be ready to be copied.” – Coco Chanel ABSTRACT In the United States, fashion designs are not protectible under any of the traditional forms of intellectual property—namely patents, copyrights, or trademarks. Fashion designs are creative works of art and as such are worthy of the same protection as musical recordings, films, books, software programs, or paintings. However, because Congress has consistently neglected addressing the piracy problem in the fashion industry, fast-fashion brands and retailers have been rampantly copying fashion designs almost without consequence. This unethical behavior hurts emerging designers and smaller brands the most. This is why the legal system should stop turning a blind eye and provide designers with a solution that allows for the protection of their designs without interfering with the unique pace of the fashion industry’s creative process. * J.D., 2018, Drexel University Thomas R. Kline School of Law; Associate, Technology and Data Privacy Group, Baer Crossey McDemus LLC. I would like to thank my husband for his constant support and encouragement, and my mom for being the most amazing woman I know and the person I admire most. I also want to thank everyone at the Drexel Law Review, without whose commitment none of this would be possible. Finally, I want to dedicate this Note to all the designers who have ever been blindsided by a company that decided to borrow a little too much inspiration from one of their pieces.
    [Show full text]
  • Fashion Industry in Brazil: Productive and Spatial Profile and the Emergence of Fashion Law
    Available online at http://www.journalijdr.com International Journal of Development Research ISSN: 2230-9926 Vol. 11, Issue, 06, pp. 48027-48032, June, 2021 https://doi.org/10.37118/ijdr.22169.06.2021 RESEARCH ARTICLE OPEN ACCESS FASHION INDUSTRY IN BRAZIL: PRODUCTIVE AND SPATIAL PROFILE AND THE EMERGENCE OF FASHION LAW *Sérgio Duarte de Castro and Sidelcy Ludovico Alves Martins Pontifícia Universidade Católica de Goiás (PUC-GO) ARTICLE INFO ABSTRACT Article History: This article addresses the Brazilian fashion industry's productive and spatial profile. The study Received 20th March, 2021 demonstrates its importance and the need to move forward in constructing a new legal discipline Received in revised form with its own body of rules that regiment the complex relationships involving the creative process 06th April, 2021 and its trade products. Therefore, we outline the Brazilian fashion industry profile and show the Accepted 08th May, 2021 th advances in several countries to define this new law's boundaries. Compared with the Brazilian Published online 30 June, 2021 case, we have concluded that despite the progress, the country is falling behind and in need of Key Words: more firm actions to guarantee the legal security crucial to this industry's continued development. Fashion Industry; Fashion Law; Fashion, Legal Security, Autonomy. *Corresponding author: Sérgio Duarte de Castro Copyright © 2021, Sérgio Duarte de Castro and Sidelcy Ludovico Alves Martins. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. Citation: Sérgio Duarte de Castro and Sidelcy Ludovico Alves Martins.
    [Show full text]
  • Curbing Cultural Appropriation in the Fashion Industry
    CIGI Papers No. 213 — April 2019 Curbing Cultural Appropriation in the Fashion Industry Brigitte Vézina CIGI Papers No. 213 — April 2019 Curbing Cultural Appropriation in the Fashion Industry Brigitte Vézina CIGI Masthead Executive President Rohinton P. Medhora Deputy Director, International Intellectual Property Law and Innovation Bassem Awad Chief Financial Officer and Director of Operations Shelley Boettger Director of the Global Economy Program Robert Fay Director of the International Law Research Program Oonagh Fitzgerald Director of the Global Security & Politics Program Fen Osler Hampson Director of Human Resources Laura Kacur Deputy Director, International Environmental Law Silvia Maciunas Deputy Director, International Economic Law Hugo Perezcano Díaz Director, Evaluation and Partnerships Erica Shaw Managing Director and General Counsel Aaron Shull Director of Communications and Digital Media Spencer Tripp Publications Publisher Carol Bonnett Senior Publications Editor Jennifer Goyder Senior Publications Editor Nicole Langlois Publications Editor Susan Bubak Publications Editor Patricia Holmes Publications Editor Lynn Schellenberg Graphic Designer Melodie Wakefield For publications enquiries, please contact [email protected]. Communications For media enquiries, please contact [email protected]. @cigionline Copyright © 2019 by the Centre for International Governance Innovation The opinions expressed in this publication are those of the author and do not necessarily reflect the views of the Centre for International Governance Innovation or its Board of Directors. This work is licensed under a Creative Commons Attribution — Non-commercial — No Derivatives License. To view this license, visit (www.creativecommons.org/licenses/by-nc-nd/3.0/). For re-use or distribution, please include this copyright notice. Printed in Canada on paper containing 100% post-consumer fibre and certified by the Forest Stewardship Council® and the Sustainable Forestry Initiative.
    [Show full text]
  • Fashion Law VOLUME 256—NO
    WWW. NYLJ.COM Fashion Law VOLUME 256—NO. 50 MONDAY, SEPTEMBER 12, 2016 In Luxury Fashion, The United States Is a Pirate BY HARLEY LEWIN AND JAMES DONOIAN uxury fashion is all about design. After design, come quality mate- L rials and workmanship, execu- tion, branding, marketing and sales. But it starts and ends with the creative vision—the design—the protection of which is the lifeblood of the industry. China, for years the epicenter of fakes and copies of fashion products— especially luxury products—is not alone. Because of a huge, unclosed gap in domestic intellectual property laws, the United States is itself a pirate nation. Contrary to public perception, most designers are constantly on the edge iSTOCK of failure. First, they seek money to get their initial collections up and run- at least some money from their initial Internet and other technology have ning, Then, they need money to get efforts to keep the lights on. It is often removed time from the equation. Within the goods made (factories live on this touch and go. weeks of the original appearing on a basis). Having passed these barriers, Making the process, and achieving fashion week runway or other product more established designers immedi- success, more difficult, the fashion launch, fast fashion will have a copy on ately start working on next season’s world is remarkably fast-paced and the shelves. Bear in mind, we are not collection and, they hope, have earned seasonal. Trends and designs rapidly talking about counterfeits, but what are evolve. Designers have little time to pro- known as knock-offs, “red carpet copy- tect themselves or build a brand.
    [Show full text]
  • Programme Sustainable Fashion for All 24 February 2021
    Sustainable Fashion for All Examining the Industry through the Lens of Social Justice VIRTUAL FASHION SHOW + PANEL 24 FEB 2021 9.30-11.30 A M E S T Please join the Unitarian Universalist Association Office at the United Nations, the United Nations Department of Global Communications, Fordham University, Fashion Revolution, and the United Nations Association of New York for our sustainable fashion show and panel event. The goal of the fashion event is to ignite discussion on the importance of sustainable fashion and showcase sustainable fashion designers at the forefront of sustainable and culturally diverse clothing and ethical consumerism. Panel members will highlight the different ways to systematically change the processing and supply chain management of the fashion industry as well as their experience in promoting sustainable fashion around the world. The panel will discuss the harmful practices and human rights violations of the fast-fashion industry, which hurts millions of people and has been justly criticized for perpetuating poverty in developing countries and perpetuating unsuitable manufacturing methods. Fast fashion is unsustainable for many reasons, including over-extraction of natural resources, CO2 emissions, and environmental degradation. We will also discuss the labor exploitation of people forced to work in dangerous and unhealthy conditions. This virtual sustainable fashion show and panel event will take place on Zoom on Wednesday, February 24, 2021, from 9:30- 11.30am EST. Click here to register in advance! Sustainable Fashion for All Examining the Industry through the Lens of Social Justice Hyejune Park Professor, Oklahoma State University PANELISTS Specialist in Sustainable Fashion Consumption Ayesha Barenblat Hyejune Park, Ph.D.
    [Show full text]