Fashion and the Law

On the micro-level, they are all involved in Christian Louboutin'sattempt to protect his signature red-soled footwear from being copied (even if the copying was done by Yves Saint-Laurent).

Belmont, MD (prHWY.com) November 19, 2012 - What do expensive shoes, thecolor red, and a courtroom have in common?
On the micro-level, they are all involved in Christian Louboutin'sattempt to protect his signature red-soled footwear from being copied (even if the copying was done by Yves Saint-Laurent).
However, on a larger stage, it's the latest high-profile example of a fashion designer turning to the law to protect his designs from knock-offs and counterfeiters.
Every day fashion designers fight to protect their creations (and their brands) from being copied and sold at discount prices all over the world, a practice known as counterfeiting, and they turn to fashion lawyers to help them do it.
Fashion Law
Fashion lawis a hybrid of several different areas of law, mainly intellectual property, import/export law and customs regulations, and domestic and international business transactions. Merchandising and brand licensing also play a big role, as does textile design. Even labor law comes into play.
Fashion law as a concept is relatively new in the United States having only recently come to prominence in the last decade. There are few legal practitioners, with most of the key players in New York or Los Angeles.
When it comes to intellectual property and fashion, trademark and copyright law are very important in stopping counterfeiting and infringement. Currently, only a trademark or logo can be copyrighted for clothing and accessories. However, the United States
Senate has recently taken up a not-so-new bill, the Innovative Design Protection Act that would give copyright protection toWhat do expensive shoes, thecolor red, and a courtroom have in common?
On the micro-level, they are all involved in Christian Louboutin'sattempt to protect his signature red-soled footwear from being copied (even if the copying was done by Yves Saint-Laurent).
However, on a larger stage, it's the latest high-profile example of a fashion designer turning to the law to protect his designs from knock-offs and counterfeiters.
Every day fashion designers fight to protect their creations (and their brands) from being copied and sold at discount prices all over the world, a practice known as counterfeiting, and they turn to fashion lawyers to help them do it.

Fashion Law

Fashion lawis a hybrid of several different areas of law, mainly intellectual property, import/export law and customs regulations, and domestic and international business transactions. Merchandising and brand licensing also play a big role, as does textile design. Even labor law comes into play.
Fashion law as a concept is relatively new in the United States having only recently come to prominence in the last decade. There are few legal practitioners, with most of the key players in New York or Los Angeles.
When it comes to intellectual property and fashion, trademark and copyright law are very important in stopping counterfeiting and infringement. Currently, only a trademark or logo can be copyrighted for clothing and accessories. However, the United States
Senate has recently taken up a not-so-new bill, the Innovative Design Protection Act that would give copyright protection to fashion designs for the first time.

Counterfeit Goods

Counterfeiting is a serious crime in the United States, and in many countries around the world. It is punishable with fines and, for serious offenders, jail time. It is also a very lucrative business. It is estimated that 6% of global trade is in counterfeit goods. Unfortunately, it is also estimated that counterfeiting causes more than $600 billion in revenue losses every year.
A "counterfeit" is defined as an imitation intended to be passed off as genuine. Handbags are one of the most popular items for counterfeiting. They are often distinguishable from the original by their poor quality materials and craftsmanship.
Most fashion houses are quick to trademark their logos and even signature colors. Burberry's plaid, Tiffany's robin's egg blue, and Christian Louboutin's red have all been given some trademark protection. The rights in these marks are often the first weapons used to combat counterfeiters.
If you ever wondered why Louis Vuitton incorporates its trademark "LV" into the fabric or lining of their handbags, counterfeiting is why. As I said earlier, only a trademark or logo can be copyrighted for clothing and accessories, so many fashion brands make the trademark one of the most visible aspects of the handbag. The brand becomes an intrinsic element of the bag, and thus subject to greater and better protection under the law.
In certain cases, designer can also find some protection inpatents. Athletic footwear manufacturers often protect their sneaker tread patterns with design patents. In fact, Vibram, the maker of the FiveFingers® brand, has several patents that cover the design and manufacture of their unique barefoot running shoes, and has sued manufacturers of similar shoes (Fila) for patent infringement.
As always, it is important to remember that law is territorial. The laws of one nation differ from the laws of another, so what is permissible and enforceable in the United States may not be in other jurisdictions and vice versa.
For more information go to www.fashionlawinstitute.com.

for the first time.

Counterfeit Goods

Counterfeiting is a serious crime in the United States, and in many countries around the world. It is punishable with fines and, for serious offenders, jail time. It is also a very lucrative business. It is estimated that 6% of global trade is in counterfeit goods. Unfortunately, it is also estimated that counterfeiting causes more than $600 billion in revenue losses every year.
A "counterfeit" is defined as an imitation intended to be passed off as genuine. Handbags are one of the most popular items for counterfeiting. They are often distinguishable from the original by their poor quality materials and craftsmanship.
Most fashion houses are quick to trademark their logos and even signature colors. Burberry's plaid, Tiffany's robin's egg blue, and Christian Louboutin's red have all been given some trademark protection. The rights in these marks are often the first weapons used to combat counterfeiters.
If you ever wondered why Louis Vuitton incorporates its trademark "LV" into the fabric or lining of their handbags, counterfeiting is why. As I said earlier, only a trademark or logo can be copyrighted for clothing and accessories, so many fashion brands make the trademark one of the most visible aspects of the handbag. The brand becomes an intrinsic element of the bag, and thus subject to greater and better protection under the law.
In certain cases, designer can also find some protection inpatents. Athletic footwear manufacturers often protect their sneaker tread patterns with design patents. In fact, Vibram, the maker of the FiveFingers® brand, has several patents that cover the design and manufacture of their unique barefoot running shoes, and has sued manufacturers of similar shoes (Fila) for patent infringement.
As always, it is important to remember that law is territorial. The laws of one nation differ from the laws of another, so what is permissible and enforceable in the United States may not be in other jurisdictions and vice versa.
For more information go to www.fashionlawinstitute.com.

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