fashion law
TRANSCRIPT
Table of Contents
INTRODUCTION 3
ABSTRACT 3FASHION LAW: AN OVERVIEW OF THE NEW LEGAL DISCIPLINE
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WHAT IS FASHION LAW? 5
The Cheltenham Ladies’ College
Fashion Law Unmasked
28/03/2014
Karen Ebubechukwu Emodi
EXTENDED PROJECT QUALIFICATION
DEFINING FASHION LAW 5THE NEED FOR FASHION LAW 5
EXPANSION: FASHION LAW IN AMERICA 6
TYPES OF FASHION LAWYERS 8
TYPES OF FASHION LAWYERS IN THE BUSINESS 8
ROLE OF LAWYERS WITHIN THE FASHION INDUSTRY 8
HOW CAN A LAW STUDENT BECOME A FASHION LAWYER? 9
EXISTING LAW FIRMS THAT PRACTICE FASHION LAW 11
THE ELEMENTS OF FASHION LAW 13
THE REALTY OF INFRINGEMENT AND COUNTERFEITING 13
TRADEMARKS, COPYRIGHTS AND PATENTS 15
EMPLOYMENT LAW ISSUES IN FASHION 20
DISCRIMINATION 20 FASHION MODELLING LAW 22
GLOBALIZATION OF FASHION LAW 27
INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY 27
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INTERNATIONAL EXPANSION AND DISTRIBUTION 31 CUSTOMS AND IMPORTATION 33 CONCLUSION 35
BIBLIOGRAPHY, APPENDIXES 36
INTRODUCTION
Abstract
My chosen area of research encompasses the various characteristics of Fashion law. It highlights
the many overlaps between this infinitesimal field and more popular branches of the law, such
as intellectual property law, company commercial law and other aspects of business law.
Designers now require the very best legal counsel: the era of fashion law has arrived.
Fashion Law: An Overview of the New Legal Discipline
Fashion law is a newly defined, niche segment of law. It embraces the legal substance of style
and works as a sub-specialty to combine several disciplines of the law for the sake of protecting
fashion professionals and their designs in an increasingly competitive global market.
However, legal professionals are required for this branch of knowledge to be useful and
meaningful in practice. It could easily have remained an unattainable expedient in theory, that
designers were desperate for in order to gain constitutional support against illegitimate
activities surrounding their production processes in fashion houses.
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The different types of fashion lawyers that exist are often faced with various legal challenges on
a day-to-day basis and this project will provide a comprehensive understanding of these issues
and the specific jobs they do. More to this project is establishing the significance of this complex
field in the many aspects of business, economics and public sector affairs, and how some of
their activities may affect us as consumers.
Fashion trademarks have become increasingly pivotal and important in the fashion business as
a result of a rise in counterfeiting in the global market; therefore it is important to have a strong
trademark. Fashion lawyers aim to protect the unique pieces and patterns of fashion houses
through the enforcement of Intellectual property rights, trademarking and copyrighting. In this
way, the law serves as a major tool in the prevention of the production of forged goods on an
international level.
Lawyers also deal with less negative activities in the Fashion Industry such as fashion mergers
and brand collaborations, and the subsequent legal contracts and documentations that
accompany such activities. Fashion lawyers also prevent the exploitation and models in this
field. Thus, the victimization or ill treatment of any model by a fashion company as a result of
their race, gender or religious inclination is illicit, and this form of discrimination is usually
penalized.
For people who are interested in law at higher level, I will mention some institutions that offer
this course as on of many modules. This project will introduce readers to the legal aspect of
style and the importance of the role played by lawyers in this field as a whole and I hope to
draw adequate attention to the legal and business issues that currently affect the global fashion
industry.
I created the questionnaire and gave this to a few people to fill in. This helped me discover what
most people know about intellectual property and what they do not. Most of the recipients knew
what a trademark was, and understood why it was illegal to copy another person’s designs.
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However, not many people knew what exactly copyright and trademark laws could protect and I
used these results to determine the purview of my written project, so as to provide adequate
information for anyone who reads it.
WHAT IS FASHION LAW?
Defining Fashion Law
One might not have expected the most popular feature in contemporary fashion to originate
from a law school: ‘Fashion law is a burgeoning niche practice in New York and Los Angeles,
both hubs of approximately $200 billion of the U.S apparel market, with their legal firms and
design houses now hiring specialist attorneys’ (Geiger Smith, Fashion Circles).
‘Fashion law is a specialized area of law that deals with intellectual property such as copyright
and trademark law, including brand licensing, domestic and international business transactions,
textiles, advertisement, merchandising, employment and labour concerns, customs and
government regulations’ (Henderson). ‘Fashion law embraces the legal substance of style,
including all of the issues that may arise throughout the life of a garment, starting with the
designer’s original idea and continuing all the way to the consumer’s closet’ (Fashion Law
Institute). The modern fashion industry is ever changing due to the relationship that exists
between clothing and culture, coupled with the legal issues arising as a result of the
internationalization of fashion design.
The Need for Fashion Law
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Fashion law is involved with the everyday legal issues faced by fashion designers and specialist
lawyers are usually aware of how to resolve such matters. As a recently developed sub-specialty
of business law, it combines several different legal disciplines in favour of fashion industry
professionals:
“We didn't create a field of fashion law for lawyers, we created
it for designers— we have that spirit of helping designers to
reap what they sew.” (Scafidi)
Expansion: Fashion Law in America
‘Fashion law has become a quickly growing legal specialty and several American law and design
schools have dedicated clinics and courses to its study’ (Geiger Smith, Fashion Circles). In a
2008 article, Susan Scafidi, ‘arguably the first U.S. law professor ever to offer a course in fashion
law and later Director of the Fashion Law Institute at Fordham Law School wrote that it was only
then starting to be recognized as a distinct field’ (Fashion Law). Since then, many other
institutions in the United States of America have offered courses in the area of fashion law.
‘In 2013, Loyola Law School in Los Angeles, California launched its own Fashion Law Institute,’
(Geiger Smith, Fashionista) which consists of various curricular offerings: a new JD sub-
concentration in fashion law, an annual symposium, and a ‘Fashion Law Intensive Summer
Program’ (Loyola Law School Los Angeles). The Law Dean at Loyola Law School, Victor Gold,
stated that he was initially reluctant to introduce the fashion law program but eventually
changed his mind as a result of increasing student demand, the size of the retail market and the
fashion industry’s increasingly global appeal. The New York University of Law and Benjamin N.
Cardozo School of Law have also included such classes into their curriculum. ‘The recent
emergence of the discipline is also evident from the fact that in America’s fashion capital, New
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York City, the New York City Bar Association, did not have a dedicated Fashion Law Committee
until June 2011’ (Fashion Law).
Barbara Kolsun, who has plenty experience from working in-house with major fashion houses,
wrote the very first textbook on fashion law in 2010 alongside Guillermo Jimenez. Several of the
courses and programmes mentioned above make use of the book which is entitled: ‘Fashion
Law: A Guide for Designers, Fashion Executives and Attorneys’. The collaboration with Kolsun
and Jimenez has been groundbreaking and it remains one of the few books written in English
language that addresses fashion law and focuses on knockoffs, emerging brands and analysis of
industry-related litigation. Another important read is ‘Navigating Fashion Law: Leading Lawyers
on Exploring the Trends, Cases and Strategies of Fashion Law’ which was released in December
2011. Since then, some other detailed and in-depth texts have been published.
The concept of fashion law is even becoming increasingly popular outside the United States of
America. In Brazil, the economy is growing continuously and has recently experienced a boom,
so the country has become a major fashion central, and rather unsurprisingly, this new legal
discipline has followed a similar trend.
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TYPES OF FASHION LAWYERS
Types of Fashion Lawyers in the Business
Fashion houses and individual accessory designers both face challenges that are unique to their
industry. Therefore, they require specialist attorneys that have a vast comprehension of these
issues and the pros and cons of the different types of intellectual property protection laws
designed to protect them. ‘Some fashion lawyers work within the company, and others work
outside the company for law firms’ (Fashion Law). Lawyers can either act as in-house counsel
and adviser for a fashion company or represent fashion clients at a law firm, and these clients
could either be individual customers or an entire business.
Roles of Lawyers Within the Fashion Industry
Fashion attorneys participate in a variety of legal activities and negotiate deals for their clients.
They deal with a wide range of clients that vary from large retail chains, haute couture labels,
high fashion models and even local, small-scale designers at the starting point of their career. ‘If
and when the situation arises, a fashion attorney will litigate for his or her clients in court.
Another responsibility of a fashion lawyer is to negotiate real estate deals, advise on mergers
and acquisitions, deal with employment disputes and, in some of the high-profile work, litigate
copyright claims’ (Geiger Smith, Fashion Circles). Those claims can be crucial and are usually
taken very seriously by most fashion labels. For example in 2012, the French designer of
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footwear, Christian Louboutin, endured a legal battle against Yves Saint Laurent a few weeks
before the New York Fashion Week.
The day-to-day responsibilities of an in-house counsel are divided into two major categories:
They deal with intellectual property (IP) and this includes fashion trademarks, copyrights
and in some cases patterns of designs. An important subsection of IP law includes the
actual enforcement of Intellectual Property rights, due to the issue of counterfeiting
arising as a result of the globalization of fashion. As we might know, counterfeiting is a
major issue in the fashion industry, especially in major fashion cities like New York and
London. The job of a fashion lawyer is to coordinate with law enforcement officers and
protect the intellectual property of the fashion company. This would ensure that
infringers are pressed with charges and taken to court.
The second major duty of an in-house counsel is to drafting legal contracts. This is
largely paperwork based, and involves a large amount of reading, writing and
negotiating; it is the more tedious aspect of fashion law. With fashion, as with any other
industry, it is a business and in businesses, owners have to ensure that they and their
business interests are well protected. You cannot rely on words of mouth if partaking in a
merger with another company, so an attorney is hired to deal with the contracts that
verify the collaboration. An example would include Paris-based designer Maison Martin
Margiela’s team up with H&M.
How Can a Law Student Become a Fashion Lawyer?
Some law students wish to break into fashion law, and there are ways to achieve this. Just like
any other course, it can be applied for and studied at some institutions, but not as a major or
final degree, just as an accompanying course. Fordham University, a private research university
based in New York City, launched the Fashion Law Institute, a first for the industry. Howard
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University School of Law located in Washington D.C. holds annual Fashion Law Weeks to provide
advise for students who hope to enter this field. Becoming a fashion lawyer is not a one-off
achievement but a gradual process. Excluding in-house counsels at fashion companies, there
are few attorneys whose work is frequently associated with fashion. Nonetheless, there are
certain steps that can be taken, beginning with a law school degree, to position oneself for a
blossoming career in fashion. For example, a course in intellectual property law or trademark
law will make an aspiring fashion lawyer to stand out, as this is a step that is not frequently
taken. The Loyola Law School, in Los Angeles California, announced the launch of its fashion
Law institute on the 1st of November 2013. This means that law students will now have the
opportunity to get a certificate in fashion law if they are able to complete ‘four fashion-specific
courses, focusing on issues like contract drafting and law related to celebrity endorsements’
(Geiger Smith, Fashionista).
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(Photograph source: fashionlawinstitue.com)
Such people can also begin to brand themselves by launching a fashion law blog, but care must
be taken because misstating the law or expressing strong ideological opinions can be fatal to
the individual’s job prospects. Fordham, Howard and Loyola’s new institutes are simply a
handful of evidence showing the emergence of fashion law a thriving career path for young
attorneys. Some major law firms also have committed fashion law practice divisions.
Existing Law Firms that Practice Fashion Law
At the moment, Gibson, Dunn & Crutcher is one of the very few major legal institutions that are
devoted to fashion law practice. ‘Their fashion, retail and consumer products bring global and
comprehensive industry expertise to the complex legal and business issues faced by fashion
designers, retailers, and investors in these sectors. Gibson, Dunn & Crutcher have over 1,100
lawyers in 18 of their offices in major cities throughout the United States, Europe, the Middle
East, Asia and South America, who are committed to providing the highest quality legal services
to their clients. In Europe, their internationally networked group of qualified American, English,
French, Spanish and German lawyers have considerable experience in representing clients with
international business interests that require a coordinated and seamless response within and
across European national borders’ (Gibson, Dunn & Crutcher).
‘Barbara Kolsun, in-house counsel at Stuart Weitzman and former in-house counsel at Kate
Spade and 7 For All Mankind, said many fashion houses have built or expanded in-house legal
groups in the last five years’ (Geiger Smith, Fashion Circles). She has also hired law students
with a strong desire to work in the fashion law sector to shadow her in Stuart Weitzman, and
many of them have proceeded to work in-house at firms such as Coach and Burberry. Fashion
law attorneys express a desire to work in such an unorthodox and ingenious industry, even if
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their work is more administrative. ‘Ali Grace Marquart, in-house counsel at Wilhelmina Models,
stated that “fashion is an industry forced to reinvent itself with each season, and attorneys in
the industry must change with it”’ (Geiger Smith, Fashion Circles).
Lawyers often attempt to lobby for changes in copyright law in order to afford greater
protection, but it is a difficult predicament because getting ideas inspiration are usually
acceptable. ‘We also defend smaller fashion designers when larger apparel corporations
threaten to bring expensive copyright or trademark litigation claims. The mere threat of a
lawsuit is often enough to force a fashion designer to abandon work that is perfectly legal,
because it is simply too expensive to fight. That is when lawyers then get creative and use
every possible method, including cost-effective legal strategy and even public relations. While
design theft is usually their legal fashion focus, fashion lawyers represent clients of all sizes,
including fashion industry players, in the more day-to-day aspects of the clothing industry:
licensing, manufacturing, vendors, ecommerce, etc.’ (Erikson).
Industry groups do not usually keep a detailed account of how many lawyers work in the fashion
business, so it is rather difficult to ascertain whether an increasing number of lawyers are
beginning to specialise in fashion law or if the practice has been in existence and is only just
being recognised officially.
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THE ELEMENTS OF FASHION LAW
The Reality of Infringement and Counterfeiting
The intellectual property conundrum facing designers in the fashion industry is rising. In 2011,
complaints were made about the obvious resemblance between Proenza Schouler’s PS1 bag and
Target’s Mossimo Messenger bag; the chaos in the market was perceptible. An exceptionally
worrying aspect of the knockoff incident was the well-established affinity that ‘Jack McCollough
and Lazaro Hernandez, the duo behind the Proenza Schouler’ (BOF), had with Target. In 2007,
the designer duo launched ‘their capsule collection for Target, part of which they agreed to
reissue for the 2011 spring season’ (BOF). To worsen the problem, when news of the
infringement reached tabloid newspapers, the knockoff was displayed in Target store windows
alongside the Proenza Schouler.
“Our relationship with Target was based on trust, so of course
the revelation was particularly upsetting. We were attracted to
working with Target because we really respect it as an
upstanding company, so seeing our product knocked off in
store cut close to home” – Shirley Cook (Proenza Schouler
Chief Executive) (BOF)
‘Copying is endemic in the fashion business’ (BOF), but the effects are usually more drastic for
new designers that only just entered the market, and thus rely on maximising sales. One might
ask, ‘how can ‘emerging designers protect and better capitalise on their creative IP?’ (BOF).
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“The damage actioned by knockoffs is twofold. Firstly it robs
the designer of the proceeds from the sale of his or her
product, which will often have been the result of considerable
research and development investment. Also, it denies the
designer the rightful recognition as the original creator ” –
Gary Assim (Partner and Intellectual Property Specialist at
Shoosmiths) (BOF)
L: Proenza Schouler’s PS1 bag. R: Target’s Mossimo Messenger bag | (Photograph source: purseblog.com (BOF))
Intellectual property law offers a wide range of rights to both aspiring and well-established
fashion designers. Some of these will arise automatically, such as copyright, while others
require registration, such as trademarks. Like the rest of Europe, the UK affords protection to
three-dimensional fashion creations through a relatively straightforward design rights system. In
practice, designers register a design right for particularly iconic, carry-over pieces that meet the
dual requirements of novelty and distinctiveness, while relying on an automatic unregistered
design right for other pieces that display the statutory level of originality. However, taking legal
action on the basis of alleged infringement can be a rather onerous process (BOF)
‘In the case of an unregistered design, the right holder must present a clean chain of evidence,
which is not always easy to establish. Moreover, the financial burden is considerable. If the cost
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of applying for an injunction — typically between £30,000 and £50,000 — is not enough to
dissuade an emerging designer from taking action, the unpredictability of the damages system
might very well seal the deal. For instance, under UK law an unsuccessful claimant can be held
liable for two-thirds of the defendant’s legal fees, meaning that an unfavourable ruling could be
a crushing financial blow for a fledgling brand. In the US, the design patent system has high
application costs, long procedural timeframes and an unusually high standard of invention,
which means that fashion designers are left unprotected and vulnerable against increasingly
bold copyists’ (BOF).
‘By contrast, collaborations with mass retailers like Target and H&M give younger brands a
unique model with which to easily reap the benefits of their intellectual property, while
establishing a contractual relationship with the retailers, which gives designers an easier
recourse against retailers in the event of design infringement. Of course, the potential financial
upside of these collaborations is also a big draw. But this only shows the importance of
recognising creative IP rights as financial assets’ (BOF). ‘The problem is that generally, there is
not enough awareness about intellectual property in the fashion industry and designers will
typically become interested in their IP rights only once things go wrong, or perhaps when an
investor comes in. IP rights are not just about protection against copying; instead they may be
viewed as performing a more subtle function, identifying the creator of content. By adopting an
approach more akin to that taken within the media and entertainment industries, fashion brands
can reach that next level of sophistication’ (Basheer).
Trademarks, Copyright and Patents
‘Fashion trademarks are perhaps the most widely recognized form of intellectual property law in
the fashion industry’ (Terrell). They appear on a variety of products ranging from ‘make-up,
shoes, shirts, dresses, eyewear, etc.’ (Terrell). A fashion trademark ‘can include words, slogans,
logos and designs. They protect consumers and owners by enabling customers to properly
distinguish between products from different companies in the marketplace’ (Terrell). Designers
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cannot trademark ideas but rather, they can trademark labels and names. Popular trademarks
include Gucci, Marc Jacobs etc. so for instance, Gucci is a trademark of the company as it is
basically a symbol of that business. ‘Under current US law, for example, it is legal to copy
fashion designs but not the brand name or logo. Trademarks have now become the surest and
easiest way to protect fashion designs and can be used to distinguish’ (Terrell) originals from
imitations in the market, thus prevent consumer disappointment. ‘A federal trademark allows
you to bring your infringement claims in Federal Court’ (Terrell) and enable customs services to
boycott importation of counterfeit goods.
The panel, which consisted of three judges, adjourned the case, where Christian Louboutin
claimed that Yves Saint Laurent infringed on his trademark by engaging in the production of
‘women’s shoes using the exact same “Chinese Red” soles that have long been associated with’
(Gearty) the former since 1992. It was a victory for Christian Louboutin, as the Court of Appeal
in New York City granted trademark protection to the bright red soles, which are a signature
characteristic of his high-heeled shoes. In the same way, the blue boxes of Tiffany & Co. are
distinct to the company and so is the pink insulation of Owens Corning.
(Photograph source: www.yournextshoes.com)
When fashion designers come up with a unique piece or design, they can get them protected
legally by having them registered as copyrights. Fashion lawyers are connoisseurs in apparel
‘knockoff’ law, when a commercial fashion designer ‘brazenly copies another’ right off the
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runway and sells it in ‘stores before the designer does. The victimized designer is usually a
small one whose creativity and intellectual property is his or her greatest asset’ (Erikson).
Trademark law is also used to fight designers who try to obscure the consumers by stealing the
complete ambiance of another brand. ‘The only problem with fighting copyright infringement in
the courts is that, excluding egregious cases, it is very difficult to win’ (Baugher). For reasons
that are unknown to non-experts in the law, copyright law does not protect against copying
fashion design. As a result, lawyers are inclined towards the use of trade dress law as an
alternative weapon. ‘Trade dress law is closely related to trademark law, which protects against
rivals using your company’s name or logo to pass of their products as your own, or to confuse
consumers into thinking their goods and services are related to yours’ (Erikson).
Trade dress law aims to protect the packaging of designers’ products. ‘Packaging’ here refers to
the image that ‘the public comes to associate with a particular’ firm (Erikson). Considering that
there are no tight laws that directly benefit designers, fashion lawyers make use of trade dress
laws ‘to protect [them] against their imitators’ (Erikson). ‘The notion of packaging is quite
vague’, however, some legal experts have maintained that trade dress is essentially ‘a
product’s total look and feel’ (Erikson). This description is usually sufficient for fashion lawyers
to build their case and make claims ‘that an article of clothing is one big piece of packaging’
(Erikson). If this is the case, the public does indeed come ‘to associate that packaging with a
particular line’ (Erikson), thus trade dress law is largely successful when battling knockoffs. A
2009 case between the prestigious designers, Alexander McQueen and Steve Madden, emerged
after a particularly obvious shoe knockoff. McQueen’s lawyers had to extrapolate and extend
the application of trade dress law to the situation by describing ‘the boot design as one that’
(Erikson) has been associated with the brand. However, this is often a farfetched claim and very
few fashion designers can make such a claim. Pictures from the formal lawsuit document can be
seen on the next page.
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(Photograph source: Lawsuit Documents of Arnold & Porter LLP (“AMQ”) VS Steve Madden Ltd (“Madden”)
Design Patents have been refurbished and are becoming increasingly important. It is now a
formidable and furtive tool for intellectual property protection, and are no longer limited to the
technological industry. A Canadian exercise apparel chain, Lululemon, launched a recent lawsuit
against Calvin Klein over yoga pants. The case proved that patents have become useful is the
fashion business and will grow in significance in the years to come. ‘It appears Calvin Klein was
selling a similar version of Lululemon’s popular $98 ‘Astro pant’ for about two-thirds the price.
Lululemon has three [individual] design patents on the piece of clothing: one on its distinctive
three-panel waistband that offers greater flexes and comfort, and two on the overall pant
design. Based on these patents, Lululemon claims that Calvin Klein has illegally infringed on its
design patents. Design patents usually apply to ornamental designs only and in order to qualify
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for a patent, a clothing article must be both novel and nonobvious’(Olaussen). Calvin Klein was
forced to discontinue all sales of the pants and take it down from its website. Lululemon’s
successful protection of its unique product enacts the attractiveness of design patents for major
fashion houses. This means that designers can secure their market through the law, rather than
engaging in price-cutting wars. This may mean that consumers will be victims of higher prices,
however the popularity of design patents in the fashion industry may result in new, more
innovative and appealing looks for buyers.
It is necessary for ‘emerging brands to recognise the economic benefits provided by intellectual
property law. Indeed, correctly administering intellectual property rights from the very early
stages of structuring a business is one of the most effective ways to ensure they are adequately
protected and financially exploited down the road’ (Guicciardi).
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EMPLOYMENT LAW ISSUES IN FASHION
Employment law attempts to address a number of industry-specific issues that are unique to the
fashion industry. It concentrates on major national acts that affect employers on an
international level. Issues include but are not limited to state and federal laws overseeing
employee working hours and wage rate, discrimination in the work place and laws governing
health and other forms of leave. Employers must be informed that local and federal employment
laws apply universally and simultaneously to protect all employees. As a result, it is, therefore,
recommended that employees consult a fashion attorney, to explain the terms and ensure full
compliance with all existing laws.
Discrimination
Employers in the fashion industry must ensure that their employment practices are not reliant
on social stereotypes or biased public preferences. Fashion business owners who portray their
apparel and products as suitable for a specific section or group of people, or limit their
employment practices to this same sect could face image ‘discrimination claims’ (Jimenez and
Kolsun). In the United States of America, it has been over forty years since laws prohibiting
workplace discrimination were put in place. Issues relating to some form of harassment or bias
judgement towards models and workers of a certain race, age or gender tend to come to our
attention in the news quite often, and this reiterates the need for adequate attention to be paid
to such developments in companies all over the world. ‘Employees risk exposure to federal or
state administrative claims and lawsuits, as well as the tangible damages that resonate
throughout the workplace and affect the daily lives of the managers and employees most
directly involved in claims of discrimination and harassment’ (Jimenez and Kolsun).
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Case Study: Employment Discrimination Suits
In 2009, Abercrombie and Fitch, the fashion retail chain store, agreed to pay a settlement of
approximately fifty million dollars for two lawsuits and one civil action filed against them. The
plaintiffs maintained that Abercrombie committed a breach of Title VII of the Civil Rights Act of
1964 by showing prejudice towards African Americans, Latinos, Asian Americans, and females of
minority ethnic groups as a result of their colour, race, gender and national origin in
recruitment, promotion and hiring. The claims specifically stated that ‘Abercrombie specifically
refused to hire applicants that did not have the A&F Look’ (Jimenez and Kolsun). The terms of
the settlement required Abercrombie and Fitch to set up recruitment policies and internal hiring
to promote and preserve diversity in all Abercrombie stores located around the world, its
apparel and their commercial advertisements. As a result, Abercrombie must then positively
seek out applicants from a wide and diverse range of backgrounds and advertise for
employment opportunities in certain periodicals and media that reach out to an ethnical mix of
individuals. This legal proceeding did not only cost the clothing company millions, but also
pushed them to substantially alter its recruiting and marketing strategies.
Age Discrimination in Employment Act
‘The Age Discrimination in Employment Act (ADEA), laid down in the U.S., makes it unlawful for
an employer to discriminate against individuals age forty or over in any aspect of employment.
Accordingly, employers cannot base adverse employment decisions concerning hiring, firing,
promotions, job opportunities, and compensations on the fact that an employee or applicant is
age forty or over. The ADEA covers all private employers with twenty or more employees, state
and local governments (including high school districts), employment agencies, and labour
organizations’ (Jimenez and Kolsun).
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Equal Pay Act
The Equal Pay Act (EPA) that is part of the Fair Labour Standards Acts of 1938, in the United
States of America, ‘as amended, prohibits sex-based wage discrimination between men and
women in the same establishment who are performing under similar working conditions
(Jimenez and Kolsun). The EPA is administered and enforced by the EEOC and provides
additional protections against sex discrimination by prohibiting employers from differentiating
the rates of pay between employees performing equal work under similar working conditions
based on the employees’ sex. For example, if a woman is paid less than her male counterpart
who is performing the same job, the employer has violated the EPA. However, wage differentials
between men and women resulting from seniority, merit or productivity system, or any other
system or basis other than the sex of the employees, is not a violation of the EPA. Further, a
violation of the EPA can also constitute a violation of Title VII, If the jurisdictional requirements
are met for both statues. Title VII, however, prohibits types of wage discrimination not covered
under the EPA (e.g. based on the race)’ (Jimenez and Kolsun).
Fashion Modelling Law
The Council of Fashion Designers of America (CFDA) devised health dynamism in 2007 to tackle
what is an international fashion industry issue: the increasing craze of underweight models. As
part of the new medical enterprise, the CFDA issues a list or ideal proposals on January 12.
2007. The recommendations, which are only guidelines and not binding for the industry, include
the following:
‘Keep models under the age of sixteen off the runway and do not allow models under age
eighteen to work at fittings or photo shoots past midnight.
Educate those in the industry to identify the early warning signs of eating disorders.
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Require models identified as having an eating disorder to receive professional help and
allow those models to continue only with approval from that professional.
Develop workshops on the causes and effects of eating disorders and raise awareness of
the effects of smoking and tobacco-related diseases.
During fashion shows, provide healthy meals and snacks, while prohibiting smoking and
alcohol’ (Model Guidelines).
These guidelines, however, make no reference to the body mass index. In fact, designers have
registered age and weight requirements. In 2006, ‘the former president of the CFDA ruled out a
ban on skinny models in New York, saying such rules would expose the organizers to possible
legal action’ (NY Fashion Group). In contrast, ’in September [2006], Madrid Fashion Week
banned models with a body mass index of less than 18 (the standard accepted by the World
Health Organization is that anyone with an index under 18.5 is underweight)’ (Model
Guidelines). The model ‘debate intensified with the death in November 2006 of Brazilian Ana
Carolina Reston, who suffered form anorexia. São Paolo’s fashion week since announced it will
run a public information campaign on the condition’ (The Fashion Shows in Milan are Banning
Waify Models). In December 2006, the Italian fashion industry also involved itself in this debate.
In a deal with the Italian fashion industry, designers agreed not to hire models younger than
sixteen and to require all models to submit medical proof that they do not suffer from eating
disorders.
Ending Exploitation of Children in the Fashion Industry
Coco Rocha, world-renowned high fashion model, ‘explains why the new underage model law
will revolutionize the fashion world’ (Rubin). Miss Rocha begun her modelling career at the age
of fifteen, without any existing legal protective measures, so ‘she was exposed to working
conditions that will no longer be’ (Rubin) permitted as a result of the new laws put in place:
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“We are definitely changing fashion history right now. When
you think of models, you think of a glamorous lifestyle, you
think these girls can take whatever jobs they want and get
paid lots of money. But no it is usually a girl under the age of
18 who was given the ultimatum of going to school or being a
model. She is not being paid, she does not have chaperones
and she is being mistreated.’ – Coco Rocha
The New York labour’s law now ensure protection for underage models. Coca, amongst any
others, has long been an advocate and supporter of models’ rights and her work with the former
model, Sara Ziff’s, cause Model Alliance has contributed to the actuality of this legislation. As of
October 2013, young models now have legal rights and protections like actors and singers in
their age bracket. The new law sanctions the number of hours per day and days per week an
underage model can work for, ensuring that school nights are not an option. It is also rumoured
that beneficial provisions, such as backstage tutors and on-set supervisors, will be made. There
will also be a positive backlash across the whole industry as a whole as it will further the careers
of these young professionals. Models working at the ages of 18 and above, who are dismissed
for being too old may be faced with the opportunity to stay within the industry for a longer,
better duration.
Body Image and the Law
Negative body image is a recurring and major predicament for women, and some men, in the
modelling industry all over the world. It often manifests in the form of a range of self-harming
behaviours, such as depression, anxiety and eating disorders such as bulimia and anorexia.
French model, Isabelle Caro, for example, became extremely popular after her death at the very
young age of 28, due to the tragic effects of anorexia. She became the face of many anti-
24
anorexia ads and even appeared on some live broadcasts to create awareness about the illness.
According to new laws, Israel passes the world’s first Photoshop law in order to put an end to
rampant body alteration in the various forms of media. All Photoshop images must be brought
to the public’s knowledge, as a warning of its unrealistic nature and all models must now have a
minimum Body Mass Index of 18.5.
(Photograph source: Star Models, Brazil)
‘Star models, a modelling agency based in Brazil, released a graphic new anti-anorexia ad
campaign, using Photoshop to turn models into life-size fashion illustrations, the ad pleads to
young women, saying: “You are not a sketch.” The graphic ad campaign has been lauded as
“powerful”, with critics hopeful that it will send an effective anti-anorexia message’ (Anti-
Anorexia Ad ) against pro-anorexia websites. Adam Green made the comment:
25
“I like the ads because they address the issue that anorexia
stems from the inability of people to distinguish between
reality and fiction. Barbie dolls do not have realistic body
proportions, but we should be teaching girls that they do not
have to look like a Barbie doll before banning Barbie. It is nit-
picking a toy company versus actually making an effort to
teach girls how to think healthy.” – Adam Green
(Source: (Anti-Anorexia Ad ))
GLOBALIZATION OF FASHION LAW
‘Fashion today is a thoroughly globalized industry. It is increasingly globalized on the production
side, [because] manufacturing has moved to low-cost, high-efficiency producers in countries
26
such as China, India, Pakistan and Turkey’ (Jimenez and Kolsun). In terms of marketing,
‘international sales have become crucial for many brands. Louis Vuitton, for example, now
depends more on the Asian markets than the European ones (the Japanese market alone
recently accounted for more than one-third of Louis Vuitton’s global sales). As a result, the
effective fashion lawyer will have a solid grasp of international business law and practice’
(Jimenez and Kolsun), such as customs, importations and international expansion and
distribution.
International Aspects of Intellectual Property
If a designer wants to set up shops abroad, registering a trademark or copyright in the country
of choice is simply insufficient. A fashion lawyer will assist the business in obtaining ‘the most
cost-effective international IP protection’ (Jimenez and Kolsun), as IP rights should be protected
on global basis. Nonetheless, obtaining and supervising international protection can be costly
and often requires a large proportion of the lawyers’ time.
‘In this age of global markets and global competition, protecting IP in the United States, while
necessary, is not sufficient. IP rights should be protected on a worldwide basis. Thus, it is
necessary to both take steps to prevent knockoffs from entering the United States and to
prevent others from producing knockoffs elsewhere in the world. Trademarks, trade dress,
copyrights, patents and trade secrets are protected in virtually all countries around the world,
although sometimes the protection comes under a different name, such as “industrial design”.
Every country has its own rules governing each form of protection. While IP protection can be
obtained on a country-by-country basis, there are certain treaties and conventions include the
Madrid Protocol (trademarks), the Berne Convention (copyrights), and the Patent Cooperation
Treaty (also known as PCT)’ (Jimenez and Kolsun).
Ideally, fashion businesses would seek IP protection in every country but this can be an
impractical procedure, especially when the ‘company has limited funds’ (Jimenez and Kolsun),
27
which is the case with most businesses. Until fashion houses have unlimited funds at their
disposal, it makes the most sense for firm to ensure their apparel is protected in countries it
‘sells or at least intends to sell its products, and also in countries where the product is actually
manufactured’ (Jimenez and Kolsun). Once the country has protection in those countries that
are vital, it is usually successful preventing infringed and counterfeit goods from entering the
country in which either of the activities mentioned above are carried out. For example, a
designer in the U.S with a patent protection can fend off the commercial sale of ‘products that
infringe its patent, regardless of’ (Jimenez and Kolsun) the country in which the products were
made. Another major benefit of international IP protection is that it helps customs officers to
identify infringing or counterfeit products that are being smuggled into the country with
‘incoming shipments’ (Jimenez and Kolsun).
International Protection of Trademarks
‘Trademark rights are territorial, meaning that as a general rule protection for trademarks must
be obtained on a country-by-country basis. However, it is now possible to commence
applications in many countries simultaneously through a streamlined application process,
established by an international treaty known as the Madrid Protocol, which is administered by
the World Intellectual Property Organization (WIPO). It is important to not that many countries
have trademark ‘use’ requirements. If a company does not use its trademark in that country (by
selling, advertising, or in some cases, manufacturing products) it can lose its rights. Finally,
when licensing trademark rights to a third party in a particular country, a company may need to
‘record’ that license agreement or a short version thereof with the national trademark office of
that country to support its use of the mark’(Jimenez and Kolsun).
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(Photograph source: Google images)
Protecting Copyrights and Patents on an International Level
‘Very few countries aside from the United States have national copyright offices that issue
certificates of registration to copyright owners (Canada and China are two notable exceptions).
However, many countries, including the United States, are members of an international treaty
on copyright, the Berne Convention. All signatories to the treaty have agreed to recognize the
rights of copyright owners in each member country and afford those owners the same
protection as national citizens. One of the benefits of obtaining a U.S. copyright registration is
that it may help a company take advantage of Berne Convention provisions to enforce its
copyright in other countries. On the other hand, registered or ‘industrial’ design is similar to,
and in some countries, equivalent to, a design patent, meaning it protects the ‘ornamental’
design of any product or component of a product, such as handbags, shoes, eyewear, and
29
perfume bottles. Most countries require a company or designer to file an application to register
a design before the associated product is introduced into the marketplace (some countries like
the United States have a ‘grace period’). An IP attorney should be consulted in the development
stage when working on a product with unique features; generally, the company should apply for
design protection before that product is offered to the public’ (Jimenez and Kolsun). Fashion
designers must aim to spend their IP protection budget wisely, as the protection in most
countries is often on the expensive side. It is important for designers to protect the most unique
and distinct brands, especially in countries where the goods are actually produced and
distributed for sale in significant quantities. Assuming that copies of this product are made
legally abroad, it is possible to prevent their distribution in certain countries as long as the
designer has the right amount of legal protection.
Case Study: Starbucks Almost Did Not Open in Russia (Source: Jimenez
and Kolsun)
In the year 1997, Starbucks, the multinational coffee company, registered its Starbucks
trademark in Russia. Russian law allows for the existence of ‘trademark protection for the first
party to register its trademark’ (Jimenez and Kolsun), unlike legal practice under U.S. law, which
limits its protection to ‘the first party to make use of its trademark’ (Jimenez and Kolsun). As a
result, Starbucks was successful in securing ‘a Russian trademark registration even though it
had not yet’ (Jimenez and Kolsun) started the operation of coffeehouses in the country.
However, by the year 2002, Starbucks still had not begun operations in Russia. Thus, a Russian
attorney, ‘Sergei Zuykov, petitioned for the [permanent] cancellation of Starbucks’ trademark
registration, and the Russian trademark authority cancelled it due to its failure to utilize the
mark’ (Jimenez and Kolsun). Mr Zuykov then went on to ‘register Starbucks as a trademark’
(Jimenez and Kolsun); in favour of one of his many companies. Eventually, Starbucks made a
decision to ‘open coffeehouses in Russia’ (Jimenez and Kolsun) but the trademark registration
prevented the firm from doing so. Mr Zuykov made Starbucks an offer: they could purchase the
trademark from his company for a sum of $600, 000. As one may have predicted, ‘Starbucks
30
refused and instead challenged’ the authenticity of the trademark, which ‘eventually [got]
cancelled’ (Jimenez and Kolsun). Only then could Starbucks launch the operation of its
‘coffeehouses in Russia’. Starbucks is one of the many companies to encounter this problem in
Russia, multinational fashion chain H&M, Audi, Kodak and Forbes have all been victims of the
same issue.
International Expansion and Distribution
After achieving a certain level of internal growth, fashion designers often develop a strong
desire to expand production and sales into countries abroad. This is often met with a range of
legal challenges beyond those experienced on the local and domestic level of their company.
The legal services and advice of an attorney who specialises in international law will then be
required to overcome the various encounters, and thus, help the designer adhere to the
international laws of all the countries in which he/she wishes to operate in.
For any country with a large fashion market, there are even greater opportunities for growth
and development in foreign markets. However, given the problems of distance, cultural
differences, language barriers, divergent market structures, volatile foreign currency value,
regulatory taxes, various costs of production and minimum wage, globalisation has many
negative facets to it. As a result of these factors, a fashion company aiming to operate on an
international level must be willing to dedicate adequate finances and time to the process. A firm
can expand abroad in several ways. ‘One way is to find an importer in the destination country
who will buy the products and resell them locally; this is a distribution arrangement. Another
approach is to find a representative abroad who will produce orders for the product and be paid
a commission; these people are usually known as sale representatives’ (Jimenez and Kolsun). In
some countries, laws that prevent an indefinite termination of their agreements protect
individuals who occupy this position, and these are not at the disposal of distributors.
31
For a company in say France, ‘another way to expand abroad is to establish an office of the’
(Jimenez and Kolsun) French fashion firm ‘in the destination country. The foreign office may be a
branch of the local designer or a separate entity. For tax and liability reasons, most fashion
houses form separate entities in destination countries. The foreign company may be wholly or
partly owned by France, and partly owned by one or more local investors or businesses in the
destination country. Each country has its own types of business entities. Local counsel in the
destination country should assist in selecting the proper local entity type for the venture.
Whether the company is a branch or a subsidiary, the company will need to employ local
personnel in the destination country and to be mindful of employment laws of that country. The
laws of many countries protect employees to a far greater extent than they do’ in France
(Jimenez and Kolsun).
‘Another method of international expansion is franchising. A company that already has a chain
of successful, branded retail stores in the United States might decide, for example, to expand to
Canada. A common way to do this is to negotiate a multiunit or master franchise agreement
with one Canadian company that would have the right to develop the brand throughout the
country. The Canadian company would then expand the brand by opening its own stores or
subfranchising the right to other storeowners. Several foreign jurisdictions have franchise laws,
some of which are similar to U.S. laws. In Canada, for example, the provinces of Ontario and
Alberta require that franchisors prepare disclosure documents and deliver them to prospective
franchisees before the franchise is sold. China, France, Australia, Mexico and Brazil, among
others, also require presale disclosure to prospective franchisees’ (Jimenez and Kolsun).
Customs and Importation
‘Imported goods pay different duty rates depending on the customs classification of the goods.
Sometimes, customs and the importer disagree on the most appropriate classification.
Generally, customs makes a ruling that the importer should pay a higher duty, and the importer
argues that a classification paying a lower duty is more appropriate. Once the importer has
32
exhausted administrative appeals within customs, the importer may appeal the final customs
ruling to the Court of International Trade. Specialized customs attorneys handle these kinds of
appeals’ (Jimenez and Kolsun).
Most of the clothing sold in the United States of America is imported from foreign countries. In
the last thirty years, apparel production has moved abroad to a large extent, especially to Asia
(and more particularly to China), mainly because of the low cost of labour. For as long as most
lawyers have been aware, there have been a number of tight and ‘complex customs tariffs’
(Jimenez and Kolsun), quotas and embargo rules. Quotas and embargos, on one hand, have
become increasingly less popular, so this has simplified international production to an extent.
However, customs difficulties are still a common source of business failure and frustration in the
clothing industry. Demand for goods can change in the space of weeks, so it is usually
disastrous for a fashion designer to have their apparel lost or ‘stuck in customs as a result of a
customs dispute’ (Jimenez and Kolsun).
Case Study: When is a Sweater Not a Coat?
The CEO of Tally Ho, a small-scale fashion business, Tom Pollak, ‘imported “boiled-wool jackets”
from China’ and U.S. Customs, which was then accompanied by a 20 per cent duty, ‘placed
these under the category for “coats”’(Jimenez and Kolsun). Pollak argued that the garments
were sweaters and should therefore be placed under this section, so the designer would pay a
17.5 per cent duty. For a small firm, the 2.5 per cent per garment will have a significant impact
on Tally Ho’s profit margin. The court heard expert witnesses from both sides and concluded
that the use of the garment should be granted greatest weight in determining its classification
(Jimenez and Kolsun). The judge in charge of the court case came to the conclusion that a ‘coat’
must be a garment worn on top of other garments when a person goes outdoors in harsh or
unpleasant weather conditions. A coat is then taken off when the individual goes indoors, and it
is not generally expected to complement the rest of the outfit. A ‘sweater’ on the other hand, is
a garment that is still worn even when a person goes indoors and it ‘is expected to coordinate
33
with the other clothes’ (Jimenez and Kolsun). In the end, Pollack had a victory: the court came to
the conclusion that the boiled wool garment was a sweater and not a coat.
CONCLUSION
Today, fashion is highly regarded on an international level. Buyers are able to recognize popular
brand names such as Zara, Topshop, Chanel, Nike and Urban Outfitters. The unique creativity of
the minds behind these labels have simultaneously made fashion law a cultural force, because
of the need for adequate protection of brand image and other forms of trademarks.
34
Fashion law employs the major principles of intellectual property law and aims to protect
fashion professionals and their designs. Although fashion law is currently a thriving sector in the
United States of America, I believe that it is bound to grow out to other parts of the world,
especially major fashion centrals like London, Milan and Paris. This is because lawyers in these
cities deal with issues involving copyright and trademark infringement using the ideologies of
fashion law, however, the practice is yet to be acknowledged as a unique and independent field.
With time, I believe its importance would become more evident as designers now require the
best legal counsel.
The value of intellectual property has increased tremendously due to the unfortunate rise in the
problem of trademark counterfeiting. This form of infringement is inevitable and has become a
major problem for fashion businesses. Given the rising importance of the fashion industry in the
global economy, it is hardly shocking that the legal profession has begun to methodically tackle
the issues and concerns faced by both major and small-scale fashion houses. This new legal
discipline – and a subsequently new career specialty – is in the process of emerging on an even
wider international scale.
The time for fashion law is now. It is hoped that this project will help to provide insight, spread
information and stimulate interest in fashion law. In the years to come, there will be more scope
for growth and development in the fashion law field, and more courses, firms and research
material are bound to emerge.
BIBLIOGRAPHY
1. <http://www.fashion-law.org>. (Accessed 14 March 2014).
2. <http://fashiontrademarks.biz>. (Accessed 14 March 2014).
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3. Addressing Fashion's Intellectual Property Conundrum . 26 July 2011.
<www.businessoffashion.com/2011/07/fashions-intellectual-property-conundrum.html>.
(Accessed 4 March 2014).
4. Bhatti, Farah. How IP Law Impacts the Fashion Industry. 10 May 2012. ExecSense Books.
5. Baugher, Joseph F. Issues in American Copyright Law and Practice. 23 April 2014
<http://www.joebaugher.com/copyright.htm> (Accessed 3 March 2014).
6. Coco Rocha. 22 October 2013.
<www.teenvogue.com/careers/fashion-careers/2013-10/coc-rocha-underage-model-law/?
mbid=social_tumblr> (Accessed 3 March 2014).
7. David Alden Erikson. Fashion and Art Law. <www.daviderikson.com/fashion-law/>.
(Accessed 1 March 2014).
8. Fashion Law . Wikipedia. <http://en.wikipedia.org/wiki/Fashion_law>. (Accessed 17
January 2014).
9. Fashion Law Institute. What is Fashion Law? <fashionlawinstitute.com>. (Accessed 4
March 2014).
10. Fashion Law Notes . <http://www.adatum.com>. (Accessed 14 March 2014).
11. Francis, Kelly. The Quebec Fashion Entrepreneur's Crash Course in Fashion Law. 26 July
2013.
12. Gearty, Robert. Daily News. 25 January 2012. <www.nydailynews.com/new-york/steal-
sole-heel-shoe-designer-christian-louboutin-sees-red-sues-ysl-article-1.1011547>.
(Accessed 11 February 2014).
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13. Geiger Smith, Erin. In Fashion Circles, Lawyers Becoming Sought - After Accessories. 11
September 2011. <www.reuters.com/article/2012/09/11/us-fashion-newyork-law-
idUSBRE88A1CN20120911>. (Accessed 28 January 2013).
14. Geiger Smith, Erin. Law School Launches Program to Serve LA's Booming Fashion
Industry. 1 November 2013. < http://fashionista.com/2013/11/law-school-announces-
program-to-serve-los-angeles-booming-fashion-industry#awesm=~oDbgZ8WOlrolza>.
(Accessed 11 February 2014).
15. Law School Launches Program to Serve LA's Booming Fashion Industry . 1 November
2013. <fashionista.com/2013/11/law-school-announces-program-to-serve-los-angeles-
booming-fashion-industry/>. (Accessed 28 January 2014).
16. Gibson, Dunn & Crutcher. Gibson Dunn. <http://www.gibsondunn.com>. (Accessed 8
January 2014).
17. Henderson, J. Maureen. Meet The Man Who Upholds The Laws of Fashion. 2011.
(Accessed 2 February 2014).
18. Jimenez, Guillermo C. and Barbara Kolsun. Fashion Law: A Guide for Designers, Fashion
Executives and Attorneys. 2010. Fairchild Books.
19. Loyola Law School Los Angeles. The Fashion Law Project.
<www.lls.edu/academics/centersprograms/thefashionproject/>. (Accessed 28 January
2014).
20. Model Guidelines. 12 January 2007. <http://usatoday30.usatoday.com/life/lifestyle/2007-
01-12-fashion-model-guidelines_x.htm?POE=LIFISVA>. (Accesses 3 March 2014).
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21. NY Fashion Group . 09 January 2007. <www.chinadaily.com/cn>.
22. Olaussen, Brooke. Intellectual Property Brief. 22 October 2012.
<www.ipbrief.net/2012/10/22/design-patents-fashions-next-big-thing/>. (Accessed 3
March 2014).
23. Reporter, Daily Mail. Powerful Anti-Anorexia Ad Campaign Tells Women 'You Are Not a
Sketch' Using Models With Fashion Illustration Proportions. 19 April 2013.
<http://www.dailymail.co.uk>. (Accessed 16 March 2014).
24. Rubin, Julia. Coco Rocha Explain Why the New Underage Model Law Will Revolutionize
the Fashion World. 22 October 2013.
25. Scafidi, Susan. Counterfeit Chic. 2011. Fashion Law Institute, New York.
<counterfeitchic.com>. (Accessed 28 January 2013).
26. Terrell, Mariessa. What's The Difference Between Two Black Dressess? Your Brand!
Terrell (Founding Partner) Mariessa.
<www.fashiontrademarks.biz/assets/img/press/fashiontrademarks_brochure.pdf>. 2010.
27. The Centre for the Study of Fashion, Law and Society . <csfls.org/resources/>. (Accessed
28 January 2013).
28. The Fashion Shows in Milan are Banning Waify Models . 1-2. July 2006.
<www.bellazon.com/main/topic/6415-the-fashion-shows-in-milan-are-banning-waify-
models-to/page-3>.
.
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39
APPENDIX A
40
30/04/2013
Interviewer: Karen Emodi
Purpose: Extended Project Qualification Primary Research
Please answer the following questions
1. What do you think a trademark is? (Underline your answer)
a. A pretty picture
b. A sign that differentiates your goods or services as different from someone else’s
c. A logo that proves you are the best in the market
2. Personally, do you think it is a criminal offence for a person to copy another person’s
fashion design? (Underline your answer) Yes or No
3. Do you think copyright infringement should carry significant civil penalties even when no
financial profit is made? (Underline your answer) Yes or No
4. A trademark should be distinct and unique. Which of the following would be a bad
trademark? (Underline your answer)
a. ‘Le Boo’ for a clothing line
b. ‘Pressed for Time’ for laundry services
c. ‘Budget Cars’ for car rental
5. Which of the following items can be copyrighted? (Underline your answer)
a. Donatella Versace’s ideas
b. Burberry’s fabric pattern
c. A handmade dress by Chanel
Summary of My Findings
41
Question Correct Answers Unsure Wrong Answers
What is a
Trademark?IIII / IIII / IIII / IIII
/ IIII / IIII
- I
Is Intellectual
Property
Infringement a
Criminal Offence?
IIII / IIII / IIII / IIII II IIII / IIII
Should Copyright
Infringement Be
Punished If No
Financial Profit Is
Made?
IIII / IIII / IIII / IIII
/ II
I IIII / II
Example of a Bad
TrademarkIIII / IIII / IIII / I - IIII / IIII / IIII
What can Copyright
Laws protect?IIII / IIII / - IIII / IIII / IIII / IIII
/
Total Sample Size: 30 people
Emails/Court Documents
42
APPENDIX B
43
Gantt Chart
44
Proof of Planning
45