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May
27
Levi-Strauss has been a landmark company that has provided denim clothing world wide. However can you believe even ol’ Levi is having trademark infringement issues? A company called Gardeur has allegedly made their back pocket design similar to Levi’s double curve design. Levi’s alleges that the “clothing that displays stitching designs that are confusingly similar to [Levi’s] Arcuate trademark.” I do not think consumers will confuse the two designs. First because levi’s usually sew a colored tab in between the seat of the jean and the back pocket. Secondly, the fact that Gardeur includes excess stitching around the “point” shows that it is distinct from Levi’s. The case is Levi Strauss & Co. v. Gardeur GmbH, CV 10-2122 EMC (N.D. 2010). I think that at the end of the day Levi’s is a larger and company Gardeur will bend at its knees and change their mark.
May
5
American Eagle makes Trends problematic
May 5, 2010 | 1 Comment
“The Problem With Being a Trendsetter”
When it comes to fashion, no success is sacred. Last year, the Shashi bracelet, a bauble of macramé and rhinestones, was on Lindsay Lohan’s wrist and sold for about $60 at Henri Bendel and Intermix. Now, American Eagle Outfitters Inc. is selling similar-looking bracelets priced at $12.50.
“It’s not fair,” says jewelry designer Yuvi Alpert, who, along with his business partner, Danna Kobo, makes and sells the Shashi bracelet. While the design continues to sell well, the Shashi bracelets’ retailers have complained about less expensive look-alikes on the Web and in stores, Mr. Alpert says. “I can’t know of how many people didn’t buy Shashi bracelets because of it,” he says. American Eagle Outfitters declined to comment.
Emerging designers like Mr. Alpert and Ms. Kobo are tiny fish in a global fashion food chain that seeks an endless supply of new trends. The fashion world is ravenous for new jewelry, accessories and clothes to fill the shelves of retailers and Web sites, many of which seek to offer fresh inventory as often as every two weeks. Often, existing designs become the inspiration for new, mass-produced pieces.
Small designers face a particularly large burden; often, they lack deep pockets to chase down versions they find similar, and their brands are so little-known that customers often aren’t aware they’re not buying an original design.
Scarf designer Elle Sakellis says she wondered why the trendy retailer Kitson didn’t reorder her $190 Otrera “evil eye” scarves. Ms. Sakellis created the scarves after seeing a wall of luck totems meant to protect against the “evil eye” in a store in Mykonos, Greece. Kitson and Intermix bought them, and they sold well, she and the stores agree. But soon, a scarf with a similar motif, made by a company called Raj Imports Inc., showed up at Kitson for about $30. Then polyester versions appeared on Web sites for as little as $10.
“Everyone always says that imitation is the best form of flattery. But it happened too soon,” she says. “I’m not Louis Vuitton. It’s not like when someone buys a Raj scarf that they know it’s an Otrera knockoff.”
Can you Spot the Knock-Off
Apr
27
Costco v. Omega Watches for Copyright Infringement
April 27, 2010 | Leave a Comment
—-The Supreme Court announced on April 19th that it would decide the international copyright exhaustion case of Costco v. Omega. Costco purchased Omega watches from a third-party importer and sold the watch for $1,300 instead of the $2,000 suggested retail price. Omega (a division of Swatch) then sued Costco for copyright infringement – alleging that the sale violated the Swiss Company’s US Copyright covering the “Omega globe design” on the back of the watch. In a 2008 decision, the Ninth Circuit agreed with Omega, holding that the US Copyright was not exhausted because Omega had originally sold the watches to distributors in Egypt and Paraguay. This arbitrage was available because Omega sells its watches for a higher price in the US than it does elsewhere.
The question on appeal is whether Omega’s authorized foreign sale exhausted its US copyright.
Under the Copyright Act’s Read more
Apr
22
Jersey Shore has trouble getting permission to film in Miami
April 22, 2010 | 2 Comments
____No one in Miami will give MTV’s Jersey Shore permission to film on their property. Jersey Shore producers want almost “no limitations” on what they do on the location and have the right to destroy almost anything they want on the property! (read contract here) In my opinion given the reckless behavior of the cast the Location Release agreement should be more restrictive on what the cast members can and cannot do.
The contract reads: “The Project may lead to emotional strains and pressures on you, your business, your friends, your co-workers and family.
“Your actions and the actions of others displayed in the Project may be disparaging, embarrassing or of an otherwise unfavorable nature and may expose you, your business, your friends, your co-workers and/or your family to public ridicule, humiliation or condemnation.”
Would you want to give Snookie (Nicole Polizzi) or The Situation ( Mike Sorrentino ) permission to grind on your dance floor, or better yet allow Ronnie beat some innocent bystander up during a drunken rage in your hotel? Would the popularity of their TV actually bring business to your company or would the cost of destroying property or even your business’s reputation prevent you from allowing these MTV B-list celebs on your property.
Rapids Water Park, a favorite summer destination in these parts, was contacted recently to allow the cast and crew to spend a day there. Park spokeswoman Tina Hatcher said the publicity would have been nice. Still, she said thanks, but no thanks!
“They did contact us, but we declined,” Hatcher said. “Basically, the contract gives them the right to do whatever they want, including breaking things, trashing the place, and there’s nothing we could do. That’s too much of a risk.” source
Rule- My Entertainment Law professor wrapped up the semester by talking about Film contracts, one of which is called a Location Release. Generally, someone who has authority must give the TV show or Movie maker permission to use their property to make a film, in return they get paid or reap the benefits of such popularity. On the Jersey Shore grimy NJ clubs like Bamboo and Karma were the mainstay for our beloved Guido’s because the wood grain wall paper and vinyl tiles are easily replaceable. (both of which I do not suggest my readers to visit) On the other hand, Miami is comprised of higher end establishments which appeal to world wide visitors. In my opinion Miami Beach doesn’t need Jersey Shore cast members for popularity, and will not succumb to the reality show’s popularity.
Holding- Jersey shore will either have to negotiate the terms in the contract OR some lower end establishments with little to lose will permit the show to film on the their premises. (In hopes of legendary popularity)
Apr
20
FGI Red Carpet Runway Event Philadelphia
April 20, 2010 | 4 Comments
-Video of event UPDATES ON YOUTUBE!!!
-April 19th in Chestnut the Fashion Group International presented a beautiful fashion designer competition at The Chestnut Club in center city Philadelphia. The event was hosted by Emmy award winning host and producer Linda Swain. The fashion show competition was fantastic, I was extremely impressed by the attention to detail and practical retail possibilities for the designs. While other designs were quite over the top the were was a good balance between classic and innovative styles. Two main points to take away from the Q & A after the show was (1) to represent yourself with consistent branding so that your image becomes easier to identify (2) make your designs consumer friendly so that a large consumer will be attracted to your clothing.
-All my pictures/videos will be posted on Fame Appeal’s Facebook and You Tube page later this week. Remember to subscribe to the blog so you get the updates
Kathleen Raub, Adrianna Papell design director Cliff Boone, and Me!
Fashion design students representing six Design Schools, Albright College, Drexel University, Moore College of Art & Design, Philadelphia University, The Art Institute of Philadelphia and The University of Delaware, compete before a panel of judges from all facets of the design/fashion world, showing their latest and very cutting-edge creations. Winners of the competition, one from each of the six schools, will be awarded a $1,000.00 Scholarship from the Fashion Group® of Philadelphia Educational Foundation, Inc.
The panel of judges, Cliff Boone, Design Director-Evening for Adrianna Papell, New York City, Nicole A. Cashman, President and CEO of Cashman & Associates, Sarah Schaffer, Editor in Chief of Philadelphia Style and Capitol File Magazines, Joan Shepp, President of her namesake Walnut Street store, Joan Shepp/Suelle Corporation, Sarah Van Aken, CEO and Designer of S.V.A. Holdings Corporation, and Susanna P. Whitehill, Member of the F.G.I. Board of Directors and Owner of Susanna’s Selections for Jewelry, Handbags and Accessories,
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Following the competition there was a discussion answering question on how to break it into the Fashion industry. I recorded quite a bit of it and plan to put it on You Tube later this week.List of Designers are as follows:Albright College: Rachel Garran, Brittany Herbert, Andre JacksonThe Art Institute of Philadelphia: Donte Livingston, Carolina Perez, Keith WiggnsUniversity of Delaware: Lisette Folkes, Kesley Williams, Jacqueline ZaddaranoDrexel University: Claire Housh, Anthony P. Noce III, Margot SnyderMoore College of Art & Design: Neel El Sherif, Alana Oates, Dominique StreaterPhiladelphia University: Bianca DePetro, Jilian Garvey, Rachel Wending