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Fashion Law

Why Retailers Like Nasty Gal And Forever 21 Get Away With Knockoffs

Originally posted 2015-06-08 11:56:44. (By Kelsey Laugel – www.amdlawgroup.com) At the 2015 Billboard Music Awards in May, Nasty Gal, an American-based retailer that specializes in providing more affordable versions of designer clothing, claimed credit for Taylor Swift’s white Balmain jumpsuit. For comparison, the average Balmain jumpsuit can cost anywhere from $2,000 to $6,000 while the […]

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Are You a Risky Fashionista…Or Are You Risking the Protection of Your Brand?

By Breanna Pendilton | amdlawgroup.com
I know what you’re thinking: “What exactly is a risky fashionista, and how do I know if I am one or not?” A risky fashionista is a person who is interested in a popular style or practice of fashion which may involve the possibility of having a bad or unpleasant reaction from others. In order to be a risky fashionista, you need exactly what the word says: risk and fashion. Without the risk, you’ll just have fashion; and while fashion is ok, it is not enough to protect your brand.

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House of Holland: IP Theft Woes

London Fashion Week has been the event that has introduced many new trends and creative fashion designs. The fashion industry has struggled with the issue of intellectual property as other countries, particularly China, threaten the fashion companies through counterfeit products. Fashion designer Henry Holland, warns others participating in the Fashion Week, about the dangers of intellectual property theft. Henry Holland, who owns House of Holland, thought that the start of the event was the perfect time to raise awareness of this issue. Since Mr. Holland owns a small company, the dangers of stolen designs from larger companies harm his business. His fear is that once his designs are shown in London Fashion Week, counterfeiters can easily manufacture and distribute his ideas before him.

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Fashion Law: What Threatens Your Brand Value & What Causes the Invasion of Online Piracies? (1)

Originally posted 2014-01-13 14:58:32. By Sindy Wenjin Ding | amdlawgroup.com             Although it has long been said the imitation may be the sincerest form of flattery, in fashion business, unauthorized “imitations” cost companies immeasurable sums in lost sales and damage to the reputation.[i] Most fashion companies don’t welcome, even fear this kind of flattering, when […]

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Battles in Design Law

The number of design infringement cases have been increasing, as the Intellectual Property Enterprise Court, a court equivalent to the High Court regarding intellectual property matters, based in London, is hearing cases faster and at a far less cost.

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What’s Harming the Fashion Industry

Why should a company protect its brand name? There is a multitude of reasons to register one’s trademark in the United States Patent and Trademark Office. One of the reasons is to stop others from copying your product and selling it as their own. To raise awareness of the harms the counterfeit market inflicts onto the fashion industry, New York City’s Fashion Institute of Technology opened a new exhibit “Faking It”.

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Selling Counterfeits Online? Think Twice

In 2005, LVMH, a conglomerate that owns Louis Vuitton, Céline, Marc Jacobs, Möet & Chandon, Dom Pérignon, and several other luxury brands, brought an action in French court against Google for trademark infringement. Now, after a 10-year legal dispute, LVMH and Google have come to a settlement agreement and have decided to join together to fight the advertising and promotion of counterfeit products.

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Tadashi: How Fashion Labels Gain Global Popularity

Tadashi Yani, who became the second richest man in Japan, founded the relatively new Japanese brand Uniqlo. There are more than 1,500 stores around the world; New York’s Fifth Avenue Uniqlo store encounters 6,000 customers daily and each customer buys an average of four items. How did Uniqlo’s fashion label rise to the top in such a short period of time? Many fashion companies focus on the high fashion runway trends and translate them into affordable versions, but Uniqlo takes it back to the basics. Uniqlo’s clothes are simple and practical. Although the company only has few styles to choose from, each style of clothing comes in over a hundred colors. Because Uniqlo’s products are not elaborate, buying fabric is cheaper—which allows the company to provide cheaper prices for its consumers. Uniqlo also has a team of textile masters who develop new high-tech fabrics for the brand. For example, Uniqlo developed a line of underwear using heat-regulating fabric with Toray industries, a Japanese chemical company.

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Fashionable Google Glasses

An Italian eyewear luxury brand, Luxottica, announced their future partnership with Intel to create fashionable smart eyewear. Luxottica own many well known brands such like Ray-Ban, Oakley and Persol; the company also collaborates with Chanel, Prada, Giorgio Armani, Miu Miu, Tory Burch, and Stella McCartney. Intel and Luxottica plan to develop smart technology for eyewear designed and perceived to be worn in the future.

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New Age of Fashion: Dutch Designer Meshes 3D Technology and Haute Couture

One of fashion’s newest trends is the utilization of 3D printing technology to produce custom made clothing, footwear, and jewelry. This is just one of the innovative ways that fashion designers have been changing the face of the fashion market. Martje Dijkstra, is a distinguishing Dutch fashion designer that incorporates 3D technology into her pieces in some groundbreaking ways.

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New York Fashion Week Update

Following-up on the court’s decision that New York’s Fashion Week venue be moved, the show is confirmed to be moving somewhere downtown for September. There is speculation that the show will be located in multiple venues to give designers flexibility. Once the Culture Shed opens in 2017, the search for a new venue might be over. The venue located in Hudson Yard on West 30th Street will have four runways, several studios, and an exhibition space. New York Fashion Week’s contract with Lincoln Center that allowed the show to use its venue until 2020 now is rendered moot.

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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.

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Nike Sues Former Designers Who Left to Work for Adidas

The ongoing battle for supremacy between Nike and Adidas has recently reached a new level. Last week, Nike initiated a suit against three former designers who decided to leave Nike for their competitor Adidas. The suit ask for upwards of $10 million in damages.

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What Designers Need to Know About Trademark, Patent and Copyright

Originally posted 2014-03-17 21:36:04. Sindy Wenjin Ding  |  www.amdlawgroup.com Some people confuse the differences among trademarks, patents and copyrights. It’s fundamental for intellectual property rights owners, especially fashion designers, to figure out the similarities and differences among these kinds of intellectual property protection, and the different purposes each serves. I’ll explain each kind one by […]

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