Critiquing Fashion: Where to Start and How to Improve Fashion Critique

By Diana Chan | amdlawgroup.com
How do we critique fashion? What is fashion? How is it defined? Is fashion defined by the trends? or the uniqueness? or the quality? or the time period? There are such diverse brands, cuts, fabrics, accessories, colors that at first glance, fashion doesn’t seem like the type of industry that can be critically analyzed. There are too many factors, nothing is standard, and it is continually changing. Unlike art, the fashion industry is heavily business-oriented and centered on hard-pressed deadlines and at times mass production. So how can we critique fashion?

International Intellectual Property – Case Study #1

Imagine a publishing firm based in the United States called “KDBM Publishing” (a fictitious company). At PJD, they specialize in novels of fictions, and children’s books. To protect the creative ingenuity of their authors, PJD has copyrighted all of their works. However, copyright laws in foreign countries work differently than those in the United States. For example, in Canada, the dissemination of digital files is legal as long as the distributor is not making a profit. In the United States however, this is as known as piracy, and is illegal. If a citizen of Canada had digital files of PJD Publishing’s works and decided to distribute them for free, although this would legal in Canada, they would be in violation of The United States copyright law. Creating a consistent legal framework internationally are the efforts of international intellectual property law. In achieving this, intellectual property owners do business internationally while being protected by global intellectual property standards.

Obvious Copying of an Iconic Design Yet Still an Uphill Battle

Owned by Nike since 2003, Converse’s Chuck Taylors have existed as a classic pair of shoes. Converse’s Chuck Taylor All Stars, commonly known as “Chucks,” are well-recognized by its classic rubber toe and sole and variety of colors. But over the years, look-a-likes from brands like Skechers, H&M, Fila, Ralph Lauren, Walmart, and several others have now led Converse to sue 31 companies for trademark infringement.

Internet Service Providers and Copyright Infringement – International Intellectual Property Law – Case Study #6

An alliance known as the Center for Copyright Information has been formed between Internet Service Providers (ISP’s) and owners of copyrighted material to help inhibit copyright infringement on the internet. The partnership consists of Internet Service Providers AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon, with the Motion Picture Association of America and the Recording Industry Association of America. The plan proposed by the coalition is unlike anything done in the past to stop piracy. It is entirely non punitive, and is aimed at education (Law Librarian Blog).

Protecting Your Brand: From the Factory to the Stores

By Breanna Pendilton | amdlawgroup.com
It is important as a designer that you protect the image and reputation of your brand. In other words, you want the product that is hanging in the stores to be the product that you produced in the factory; nothing less and nothing more. This seems to be a common problem with “off the rack” designers. Even though you can no longer monitor the day to day whereabouts of your designs after it leaves your supervision, you still have rights which may help protect your brand in the future.

John Wayne Family Loses Round One to Duke University in Trademark Fight

As a fan of the great John Wayne you should be aware that he was referred as “Duke,” “Duke Morrison,” “Duke Wayne,” “Duke and The Duke” — a nickname that derived from his boyhood dog named Duke. John Wayne Enterprises, a Newport Beach Corporation filed a trademark application back in 2013 for the marks “Duke” and “Duke John Wayne” for alcoholic beverages excluding beers.

Secondary Liability for Trademark Infringement On Various Media

Originally posted 2014-03-03 21:38:44. By Sindy Wenjin Ding | amdlawgroup.com With buying power resting at the tips of our fingers, tech savvy and not so tech savvy fashion addicts are able to pursue the internet for all of their fashion fixes. Direct purchasing from the intellectual property owners becomes not so direct in this fast-changing […]

SiriusXM Appeals Copyright Ruling

he U.S. District Court of Appeals for California ruled against SiriusXM last week for airing music produced prior to the 1972. The laws of federal copyrights after 1972 expanded to cover master recordings. The lawsuit was filed by band songwriters Flo & Eddie of the Turtles. They sought $100 million in damages from the satellite radio company.

European Court Protects Ralph Lauren “Polo Player” Trademark

The fashion brand, Ralph Lauren, well-known for its “Polo Player” logo recently won a trademark battle against FreshSide. Back In late 2009, FreshSide Ltd. applied to register a trademark with OHIM, the EU body responsible for Community Trademark registrations. FreshSide, which does business as “Chuck” applied to register a mark consisting of a polo player on a bicycle.

Global Protection for All ~ Everywhere

Intellectual property is a vital necessity for the success of any product or company. Whether protection in trademark, patent, copyright, or trade secret, individuals or corporations need to ensure that their branding and unique designs will not be diluted by counterfeiters or copycats. The fashion industry especially has struggled with the issue of intellectual property as the Court views clothing as more for functional purposes than a distinguished product. Changes in the U.S. patent law provide great opportunity for fashion designers to protect their designs not only in the United States, but also all over the world.