Chanel (style.com)

As spring approaches. I am not only excited for the warm weather and beautiful flowers; I am also very excited for all of the new fashion that is upon us.  As spring arrives so do new trends.  Some trends that I know I am going to be wearing this spring are cloudy pastels, bright colors, floral textures, and sheer.

Louis Vuitton (style.com)

In Chanel’s 2012 ready-to-wear spring collection, the models were dressed in many of these trends.  My favorite is (left) a model wearing a two tone pastel pink textured top.  The top looks like flowers placed beautifully against the models body.  Now to counter all of the texture on the top half, the model was wearing tight black shorts.  This look is perfect for a casual afternoon lunch, or just to hang out with friends. A textured top is a must have for every woman’s wardrobe.

In Louis Vuitton’s 2012 ready-to-wear spring collection, there was one ensemble in particular that I felt embodied the style of spring. This was a pastel yellow and white sheer skirt and top (right).  With spring comes many graduation parties and afternoon luncheons and this outfit would be perfect for just that.

Fendi (Style.com)

In Fendi’s 2012 ready-to-wear collection, there was one look that I felt truly captured both texture and sheer.  The model was wearing a textured cardigan, but throughout the cardigan there were lines of sheer fabric (left).  Fendi took an article of clothing which is usually quite modest and made it very revealing.   So this spring do your research and take some risks! Fashion is always changing and so are we, go outside of your comfort zone, try some sheer, some textures and some pastels. You might just hit the nail on the head and pull yourself out of your winter funk!

Xox

Caroline Vazzana
Fashion Colmnist contact info: caroline.vazzana001@​albright.edu

NWE Talent  Entertainment claimed that they could get Lady Gaga & Akon to perform at the awards show for the a down payment of $1.5 Million!

“ZAO TV Service (Muz-TV) and the American NWE Talent Agency & Management Company reached agreement that the U.S. side would organize the arrival and concert by Lady Gaga in Moscow at the Muz-TV awards ceremony in June 2012. The Russian side paid the necessary reservation deposit but the Americans could not guarantee the concert on the date for the channel,” Muz-TV said in a statement.

“As a result, ZAO TV Service has applied to a court in Florida, U.S.A., with a lawsuit against the agent company to return the insurance deposit and compensate for losses suffered by the TV channel,”  Muz-TV said.

Moral of the story, too often do I hear from people who people that they can arrange an appearance of a musical artist of famous actor, talent agents should be weary! Ryan Burke is the manager of NWE, and he should not have lead the Russian companies to believe that he had an as “tight” of a relationship with Troy Carter (Lady Gaga’s manager) when they already have him $1.5M advancement.  He should have gotten more of a confirmation with Tory Carter before they give him the money. Once Burke knew he could not confirm Lady Gaga’s appearance he should have returned the money IMMEDIATELY

Well if you want to book some other celebrity (Carrot Top ) you can contact Ryan Burke at NWE Agency Toll Free: 866.993.9NWE (9693) E-Mail: Info@NWETalent.com

Zao v Nwe Talent Lady Gaga Cancelled Russia Performance

There are an onslaught of new jewelry designers coming out everyday, and with the economy the way it is I see more buyers investing in quality accessories because of their versatility and value. So, what happens when a online retailer comes out selling jewelry that looks just like yours? Well it may be easier to plead your case if the defendants markets the item with your name. Since Shamballa did a great job at branding their work by labeling their bracelets with their signature “Shamballa Jewels” look, the defendants had no choice but to designate their infringing goods with the Shamballa brand name.

I chose this lawsuit because of the attention Shamballa Jewels has taken to its distribution and marketing . For example, here on the east coast, it is only available through Barneys (NYC) , London Jewelers (NYC) and VAULT (MIAMI). In addition it is marketed tastefully via international magazines and celebrity endorsements. I am happy to see this company prosper and hope that the infringing websites stop harming Shamballa’s image. Visit their website here shamballajewels.com

Shamballa Jewels v Bling Jewelry Complaint Infringement Lawsuit

Max Gregory Warren (stage name Maxamillion) has filed lawsuit against Cameron Jabril Thomaz “Wiz Khalifa” for copyright infringement in Pennsylvania Eastern District court. Warren registered his song “Pink N Yellow” and received copyright certification in Feb. 2008 (see exhibit A in complaint below). Listen to Pink N Yellow here Allegedly the tune in Khalifa’s Black and Yellow is derived from the Warren’s melody in Pink N Yellow.

Simply stated once you own the copyright to a musical work, others must get yourr permission before they create a work derived from you work. Here Warren sues Khalifa for deriving “Black and Yellow” from his song without asking him for permission before hand. Subsequently he wants a piece of the profits that Khalifa has earned from the hit song.

A problem I find in this lawsuit is that Warren does not tell us in the complaint how Khalifa heard the song Pink N Yellow. You can rock out to Black and Yellow below and also read the complaint!

Max Warren Pink n Yellow v Black and Yellow Wiz Khalifa Pennsylvania easter district

Thank you so much for following Fame Appeal legal blog. I appreciate your support as this blawg is nearing its second anniversary next month. Graduating law school and becoming a lawyer has really made 2011 a special year for me. How has 2011 been a special year for you? I have many things in store for 2012 that I am sure you will enjoy. I always love to get to know my readers so keep in touch, follow me via twitter @fameappeal or you can shoot me an e-mail at mishariff@fameappeal.com.

#1  Nicki Minaj stop playing with Barbie Dolls

#2 Race Relations: Abercrombie Woes

#3 Do these jeans make my Mark look big?

#4 Pimp my trademark with swag infringement

#5 Made in USA: Fame Appeal Clothing

#6 Internet Sales tax Unconstitutional

#7 Fashion Models Legal Protection

#8 Google & eBay- is Facebook Next? Failure to police counterfeit sellers

#9 J Crew jacking up Lower East Side

#10 Aston Martin Music harms Car Brand

Lipsy Dress - Dip Dye Sequin and ABS by Allen Schwartz Dress via Bloomingdales

When running out the door this holiday season, make sure you are ready to light up the night.  Heading out to parties and dinners, no woman should leave her home without a little sparkle.  This holiday season sparkle is definitely in and seen everywhere in women’s wardrobes; from handbags, to dresses and even down to shoes, some glitter can make an outfit.  A little sparkle is an amazing way to help you look stylish and stand out in a crowd.  It is important though that you use sparkle in the right way, you do not want your look to be too overwhelming.  Try a solid colored dress, such as black, with a glittery pair of pumps.  Or, for the opposite, you can never go wrong with a great party dress covered in sparkle paired with a solid colored pump.  Now of course, since it is colder outside, pairing this ensemble with a pair of tights would be the perfect way to make the outfit a bit warmer, but still very chic at the same time.  With an outfit like these you will definitely sparkle and shine at your many holiday parties.

Xox

Fashion Columnist: Caroline Vazzana
Contact: caroline.vazzana001@​albright.edu

The Fame Appeal scarf gives many options of wear-ability.  Men, dare you pair this with an oxford shirt, some cords and funky tennis shoes?  Women, use this to dress down an oh too serious dress or add polish to a plain tee and flared jeans.  However you chose to wear your scarf, you always have the option to portray your own unique style.

We have put together a contemporary collection of designer pieces paired with the Gamechanger  scarf color combination of teal and rich purple.  While this look is mainly neutrals, we’ve used texture to give it that extra va-voom; a silky tunic, layered with  a quilted wool sweater, and leather skinny pants paired with a cheerful metallic ballet flat.  Don’t be afraid to mix in a loud color such as this red-orange cross-body satchel.  Mix and match these ideas in your own look with your Fame Appeal scarf and post them on our facebook page!  Share your style!

*Fame Appeal Scarf, http://fameappeal.storenvy.com/;Vince Tunic, Donna Karen Sweater and pants, Chloe Bag, Lanvin Shoes, images and descriptions courtesy of net-a-porter.com

– Emily Rad Fashion writer: emily@fameappeal.com

In a distribution deal gone bad Babygrande Records owes it at least $200,000 in royalties for promoting rapper Wiz Khalifa’s 2009 album “Deal or No Deal,” which has sold more than 100,000 copies. Malbon Brothers Farms, (btw gr8 company to work for) a marketing firm, says it signed an agreement with Babygrande Records in May 2009 to distribute “Dopium,” an album by a Wu-Tang Clan member.

The agreement provided that Babygrande (who needs to update their website) would pay Malbon Brothers 90 percent of net profits from the commercial use of “Dopium.” In October 2009, the companies amended the agreement to require Babygrande to pay Malbon Brothers 20 percent of profits from the Wiz Khalifa album “Deal or No Deal,” Malbon Brothers says. Babygrande allegedly gave Malbon Brothers an accounting statement in January of this year that claimed Malbon Brothers only made $8,700 from “Deal or no Deal.” Malbon Brothers says it told Babygrande founder Charles Wilson that number was inaccurate. “Defendant Wilson informed Plaintiff that its 20% fee was reduced because Defendant Wilson decided to cross-collateralize the expenses Defendant Babygrande incurred in manufacturing, distributing, selling and otherwise exploiting other musical recording albums Defendant Babygrande distributed for Plaintiff,” according to the complaint in New York County Supreme Court. By applying losses from one of Malbon Brothers’ licensed albums to its other albums, Babygrande and Wilson breached the parties’ agreement, Malbon Brothers claims. Malbon Brothers seeks $200,000 in damages. The company is represented by Paul Chin.
Source Nick McCain

Michael Kors Fall 2012 via Style.com

Kors does it again with his 2012 Pre-Fall collection.  Not all designers take part in the Pre-Fall action but in an article by Nicole Phelps Kors explains that it is the best season for him to design for his business; it’s the season-less season. [i]  The collection is packed with outwear staples that fit both the New Yorker and the Hollywood minded.   The CFDA designer continues to excite trendsetters everywhere with his textures of Mongolian fur, leather, and silver sequined patterns.   And plaid, well it has found its comeback in a full maxi-skirt as well as a few other pieces.  The plaid is enough make an impression but the grayscale pallet makes more tasteful and far from schoolgirl.

I can say that I wear the MMK line of Michael Kors just about every day after interning there for six months last fall.  I get compliments on the same two watches that I wear by someone new every time.  And the clothes, these clothes are not solely made for the fashion but to flatter the body of a woman.  I had a wonderful experience working in the merchandising department of the MMK label, realizing the amount of thought that the Kors team devotes to each piece.

This collection has the feel of the west with the styling of the east.  The lines were clean and the pops of the poppy and aqua are a welcomed surprise.  The western feel includes buckles and wide-brimmed hats and a certain menswear feel.  These ladies, however will most likely not be not stepping in to see how the west was fun.      – Emily Rad Fashion writer: emily@fameappeal.com

Click to visit the Fame Appeal Store

Fame Appeal brand makes its debut with an American-made collection of scarves available  in six color combinations. (Yes ladies and gentlemen I have returned to my fashion designing roots!) Each scarf is designed to be worn by men and women and at nearly seven feet long, allow for wrapping in many different ways. I have gone to great lengths to find a fabric that is as soft and warm as natural fibers but as durable as synthetics. Assembled in the NYC, NJ and Philadelphia, in an effort to promote apparel produced in America the Fame Scarf collection is available so shop and learn more about Fame Appeal Scarf Collection: ENTER STORE.

Most Americans take the label of the items they own for granted. Unless it’s made from your grandmother, you’ll rarely find an item made in America. Products made in American are the perfect opportunity for entrepreneurs, Americans creating jobs for Americans. Despite all the hype around national pride, the trend for purchasing American-made items is not catching on so quickly.

It’s not totally our fault, however. Many companies portray themselves as All American, but more than often; this refers to their design style, not their products’ origin. Companies cannot resist outsourcing their manufacturing across seas. Even with the costs of shipping, the price of overseas labor holds a comparative advantage with America. And your phone, for example, that says Made in China was most likely assembled there but using parts from three other countries.

The silver lining is that Americans are beginning to take a stance. Websites featuring handmade crafty items like Etsy.com or Storenvy.com have increased the availability of American-made items and even helped spiked the startup of hundreds of small businesses. USA Love List, a website that only features products made in the USA, showcases the crème de la crop items American businesses are offering all over the country and aim to support the workers that make them. USA Love List describes the following as their main objectives, “First, to tell you about the very best of Made in the USA products. Second, to make it easy for you to find them and recommend them to your friends. Third, to encourage you to ask for them in stores and demand them from the companies you want to do business with.” They are not solely helping to market these products but market the idea of American made.

Nicole Miller Draped Dress Cobalt Blue via NicoleMiller.com

Not only do we have a Nicole Miller dress review we also went to the her Philadelphia store for a blogger event!  First, a little style for ya: Heads will turn at your holiday gatherings with this Nicole Miller cobalt dress (as seen above). The juxtaposition of the casual drapery style and the silky quality makes this an irresistible purchase, (not to mention how comfortable this looks).  Why pull out that overdone, skintight number in the back of your wardrobe when you can make a real style statement.

Next, I recently attended a Nicole Miller Blogger event at the Bellvue Hotel. A number of blogger attendees from  stylists to photographers filled the room with fantastic conversations. Many thanks to sponsors for the great goodie bags!!! Amongst the bloggers that I was able to meet were KingsRuleTogether, Big Rube, Stylish Thought, Freshflickz, Skai Blue Media, Philly.com, In True Fashion, Heresmychance, Fashion of Philly (who kindly helped with photographs!)

Bloggers Unite at Nicole Miller Philadelphia!

The Victoria’s Secret fashion show aired last night on CBS and as usual it is always a spectacle of physical and artistic perfection. I thought it would be befitting to dedicate this post to legal protection for fashion models both in an agency and freelance.  A fashion model uses his/her appearance and natural chemistry to sell goods or services. Often times Models feel they are getting the short end of the bargain and I thought the following may help out.

1. Things you should pay attention to when signing a modeling contract?

This is a tough one to answer briefly. First, a model should have an experienced attorney look over any modeling contract before signing it, but if you don’t have the money for one or can’t find one experienced in reviewing this type of contract, here are some pointers.

There are primarily three types of modeling contracts out there. With an exclusive contract, the agency is your exclusive manager and booking agency and you will not be allowed to sign with any other agency for the length of the contract. Therefore, as discussed below, make sure you are signing with a reputable agency that can advance your career and not an agency that will simply tie you up.

A non-exclusive contract allows you to find work on your own without the requirement that you pay the agency a commission. You may also sign other non-exclusive contracts with other agencies. If the agency you are meeting with does not have the money to advance your initial costs of building a portfolio and the like, this type of contract is better suited for you.

A one-time contract is one that is signed for just one job and one job only. When the project is complete, the contract has been fulfilled as long as you have also been paid. If you have not been paid, you can sue for breach of contract. A fourth type of contract is a mother agency contract. This type of contract allows your agency to receive a commission even after you are signed by a subsequent agency. In this type of agreement, the agency may simply be looking to sell your rights to a bigger agency and still take a cut or they may even be a reputable agency, but one seeking to make every cent they can.

To understand how a mother agency contract works, you need to understand a little bit about how agencies are paid, and this is one of the key provisions of your contract. It is common for top-rated agencies to charge 20% commission on all monies a model receives for his or her work. Only a small percentage of very successful models over the years have been allowed by the agencies to bargain their commission down to 15% and an even smaller percentage of very successful models have been able to negotiate their own contracts with their own managers and lawyers.

On top of the standard 20% commission, such agencies have routinely been able to charge an additional 20% of the model’s fee for the job to the model’s employers and to pocket that 20% without giving any of it to the model. And in compensation for the agency advancing the model payments without having to wait until the agency is actually paid by the model’s employers, the agencies have often charged a further 5% commission to the model.

The mother agency clause of a contract, where an agency seeks to employ it, then further provides that the agency claims a commission on any modeling job the model ever obtains, even if that job is obtained by another agency. This is similar to where a scout discovers a model and obtains a percentage (often 5%) of the model’s earnings from the agency the scout directs the model to. A mother agency is often the first one that discovers a model. It is no coincidence that at the time when the model has the least amount of money and the least clout that there is no more important time, than at this early stage to have an attorney reviewing the model’s contracts.

Next, as discussed above, you need to research the modeling agency from whom you are being offered a contract. In a large market city such as New York, a reputable model agency should have the work and the money to invest in you to train you. That means they will advance the monies against your future earnings for a quality portfolio, comp cards, test shoots and the like. This is an important part of the contract and you need to understand what you will be responsible to repay. You do not want to owe the agency money if you or they do not find you work and payment for your work.

In a medium sized market, the agency may be able to direct you where to go for photos for your portfolio, training and composites, but they may not be financially able to advance you the costs. If you wind up paying for these items, you need to ensure that the agency you are signing with and the city you are in provide a sufficient amount of work to get you reimbursed for these costs.

In a small market (as well as larger ones) the only agencies you may find are those connected with modeling schools who use the agency simply as a hook to lure you into attending the modeling school. Be wary of such an agency that may either have no idea what they are doing or who seek to profit from your inexperience by profiting from every expense you will be directed to incur.

You want to read the sections of any contract that you ever sign that provide what constitutes a breach of contract by you or by the other party and what remedies or damages the parties are entitled to in the event of a breach. If the only person who can breach a contract is you, and if you are the only person who may owe anyone money in the event of a breach, run away as fast as you can.

2. Is a contract signed in the United States valid in other countries?

This question is easy. Yes, it is valid. A contract, however, can limit it’s terms or the geographical area (countries) to which it applies. In addition, you should ensure that the contract states that it is governed by the law of the state in the U.S. that is most convenient to you. If you live in Connecticut, you don’t want it governed by the law of North Dakota, much less the law of China, because you will be all but ensuring that to get your day in court, you will have to file suit in some far off jurisdiction. The contract should provide that in the event of any dispute in connection with the contract that either a lawsuit or mediation or arbitration shall take place in your state.

3. What should a Model Release form include and what should be emphasized in it, in order to defend the rights of the model?

Models, especially when they are just starting out, often feel intimidated. They fear that if they question the slightest thing in a model release, they will not get the job, more work, or be branded as being trouble. The problem is, if a model simply signs whatever she is given to sign, it will almost certainly favor the photographer and the client and take away almost every right a model may have to prevent the photos of her from being misused.

While it is true that a photographer needs some leeway, if you give an unscrupulous photographer the right to do anything he or she may conceive of doing with their photos of you, they may just use them in a very offensive way, and there is little a model can do to know what is in the mind or heart of a photographer he or she has just met.

Models who are just starting out rarely have confidence in any clout they may have. However, if the client or the photographer has selected you from all the other models they could have chosen, you may have more clout than you realize. And if you are willing to sign away every right you have in your images, you are in the wrong business to begin with.

People will tell you that only as you become more in demand that you can demand your fees for only certain uses of your images and allow their use for a limited amount of time. But it is at the very start of your career that you are most vulnerable to having your images being misused and if they are misused, you may find your career ending before it’s begun. Thus, if you see this type of term in a model release, you need to either run from the building, have it altered, or accept the consequences that may result from agreeing to: “I hereby release, discharge and save harmless the photographer or any other person distributing the finished product, even if the finished product is distorted, blurred, altered or used in such a way, intentionally or otherwise, such as to subject me to scandal, scorn, indignity or ridicule and waive any right to approve any use of the finished photograph or its use.”

While it is difficult to obtain the right to approve the uses of the photographs taken of you, you can limit the uses by excluding those uses that would be harmful to your career or reputation. If you want to prevent a photographer from using the photographs in such a manner, seek a provision that in the event of intentional humiliation of you in the use of the photos by the photographer, the release will be void. Some models who are unsuccessful obtaining such provisions will at least write restrictions in the margins of releases such as, “Photos may not be used on sexually explicit web sites or pornographic materials.” Be wary of allowing any use in the release and then limiting those uses only in a separate waiver of copyright. Conflicting provisions are a nightmare for the courts to weigh.

In the entertainment field, and that includes modeling, talent is king. You can still be friendly and cooperative while protecting your rights. Be kind to many, keep a healthy but skeptical distrust of those who would use you, and do harm to none and you will go far.

Credit goes to Sebastian Gibson Esq.

The usual expression of Ultimate Fighting is tight fitting Affliction t-shirts worn by huge brawny athletes (plentiful at Jersey Shore). Recently Ultimate Fighting Champions (UFC) has entered the ring with New York state. UFC  is suing to overturn New York’s ban on live bouts, saying the 1997 law runs roughshod over its freedom of expression, a novel argument that likens MMA (mix martial arts) to live ballet, music or theater.

“This is the first time to my knowledge that a professional athlete is claiming a First Amendment right to communicate with fans in a live event,” said Barry Friedman a professor at New York University School of Law who is representing the plaintiffs. While the arts are protected, no court has ever directly confronted the question of whether athletes have a First Amendment right to be seen in action.

Timing is everything, the lawsuit comes as the sport is gaining viewers. In August, Fox Broadcasting Co. and the UFC entered into a seven-year deal that includes four fights a year on broadcast television and will pay the promoter at least $100 million annually. (The first fight drew 5.7 million viewers.) UFC, which hosts its fights inside a chain-link cage dubbed “The Octagon,” holds about 27 live events each year, according to the complaint.

The courts needn’t declare all sports protected by the First Amendment, because MMA — which, as the name suggests, draws on a mosaic of different fighting styles — is special, Friedman said.

“It’s martial artistry,” he said. “The nature of martial arts is a lot like dancing.”

It is also martial. As in “warlike.”

If the ban’s purpose is to curb “a message of violence,” the lawsuit said, it “makes no sense” because New Yorkers can watch MMA on television. But that is no substitute for the real thing, according the complaint. “As is true of ballet, music, or theater, for an audience, attending a live MMA event is an experience that cannot be replicated on a screen.”

Source Wall Street Journal

I can’t tell you how many times I have to remind businesses, young and old, that they must purchase any confusingly similar domains which  bad faith competitors may use to take away their traffic. Known as, cybersquatting, this is a legal violation where someone with bad faith creates a domain in order profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.(wiki) Fashion and Entertainment Lawyers must become familiar with this area of Internet law since it greatly effects the success of brand identity/management.

Real life example: Gap owns WWW.GAP.COM but does not own WWW.THEGAP.COM.

Earlier this month, The Gap Inc. filed a cybersquatting (see complaint below) against the Mumbai-based owners of the domain name thegap.com (can’t infringers in Mumbia cybersquat on Bollywood movie names instead gosh!).  Gap actually owns the “The” in its trademarked name since 1972, according to the complaint, however it only registered Internet domain names for gap.com, gapkids.com and babygap.com when the company established its online presence in the 1990s.

Gap Cyber Squatting

The event showcased designers Genny Perez of Milou Couture and award winning pet couturier, Anthony Rubio from Bandit Rubio Designs + Priscilla Costa.  In addition celebrities like Jimmy Rollins from the Phillies, and Nate Allen of Philadelphia Eagles joined various guests from various professional, business and geographical backgrounds to achieve a common goal – support the PSPCA and all of the great work that they do for animals and humanity. One charity in particular was Rescue Chocolate founded by Sarah Gross, who sells tasty vegan chocolate and all her proceeds goes to advocating for animals welfare. My personal favorite was her dark chocolate Mission Feral Fig flavor. Special thanks to House of talent PA  for the models and DJ Hollywood (@MrHollywoodDJ) for the pizazz.

Photo Credits go to Al B. For

Priscilla Costa Designer

Model dog... check out the eyelashes!

Packed at the Loews Philadelphia Hotel

Fashion Law pioneer Susan Scafidi and myself @LVMH Magic room

An evening at Louis Vuitton headquarters in NYC,  Michael Pantalony Esq, protector of Intellectual Property of Louis Vuitton Moet Hennesey Fashion Group (LVMH) stated “If you come close to copying the (Louis Vuitton) Mark you will hear from LV,” keynote speaker @Fordham Fashion Law Institute’s CLE Mr. Pantaloney took current copyright protection to the butchering block.The sheer number of companies that he must sue can easily make an observer forget LVMH’s market strength. On the other hand, it serves as a reminder that LVMH still needs to protect itself. Everyone is copying LV and their companies (such as Givenchy and Marc Jacob); we see the infamous Forever 21 rip-offs, knock off skirts by Zara, counterfeit dresses by Bloomsbury, and numerous look a likes by Bebe. These are perfect examples (see below) of how lower-end fashion houses freely create infringing reproductions due to inadequate fashion design protection. Afterwards, IP litigator Jonathan Moskin Esq., went through an in depth analysis of Aesthetic Functionality and the potential significance of its reemergence in the protection of fashion. you can download the pdf here.

Much gratitude goes to the head of Fordham Fashion Law institute’s Susan Scafidi and her students, for holding the event and choosing a great venue, Magic Room top floor of LVMH @NYC. Scafidi titled the night as “Law and the Little Black Dress” inspired by the film Breakfast at Tiffany’s to demonstrate the numerous takes on the classy outfit and how designers over the years have had their dress designs infringed upon. It was great to finally meet fellow fashion bloggers @FashionCloture, @simonebtrfly, and Legal marketing expert Christian McKenzie.

LVMH brands (left) and the knock off's sold by infringers (right)

Trade dressed Victoria Secret apparel with a Fame Appeal twist

Trade dress is the distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace — for example, the shape of a perfume bottle. Trade dress can be protected under trademark law if a showing can be made that the average consumer would likely be confused as to product origin if another product were allowed to appear in similar dress.

Since 2010 Victoria’s Secret has been fighting to protect the trade dress of its Secret Garden body lotion product line. The battle started when Victoria’s Secret started using Natures Formula lotion as their supplier. Lead by George Mitchell, Victoria’s Secret  would simply purchase Mr. Mitchell’s Nature’s Formula lotion and put Victoria’s Secret label on it. All was fine and dandy, until George Mitchell left Natures Formula and worked for a competitor’s company, United I, where he developed an almost identical body lotion bottle called VS Secrets of Romance. Once Victoria’s Secret got a whiff Mr. Mitchell’s attempt to copy the look of their bottle Victoria’s Secret got a court order preventing Mr. Mitchell from selling the lookalikes. The stubborn Mr. Mitchell didn’t stop there, he left United I and worked with another company called FB Botanicals in order to sell the infringing bottles under a different brand name. When will he stop! Seriously is he short lotion, if so I have some Lubriderm in my bathroom that he could use. (hint: watch who you work)

When I head out the door on these fall days, which are continuously becoming colder, I stop and think, “What is the best way to keep my outfit warm but still chic?”  Well there is no longer any need to wonder.  Pair your outfit with a great trench coat!  They are extremely stylish and provide that last layer that is needed to pull your outfit together and keep you warm at the same time.  Trench coats are very helpful on those damp fall days because they will keep you warm and dry.  I recently came across the most stunning trench coat; this coat was simply a beautiful one that any woman would feel amazing wearing.  Designed by Valentino, this trench coat embodies Valentino’s signature look, glamour and elegance.  And what woman doesn’t want to feel glamorous? The coat captivates just the perfect amount of flashy and refined.  This one of a kind trench coat features calf hair dyed with an appealing black print, belted at the waist, with an A-line silhouette.  This jacket is gorgeous and certainly worth splurging on for the fall, and the finishing touch to any women’s ensemble. (photo courtesy of Bergdorf Goodman)

Xox

Caroline Vazzana
Fashion Colmnist contact info: caroline.vazzana001@​albright.edu

Usually products have promotional vehicles to publicize their brand, (i.e.Red Bull car) however there is a craze in the hip hop culture of automobile branding. I came across this craze through a discussion in an automobile forum and someone asked whether it was illegal to paint your car with a trademark on it. The federal law that protects trademarks, Lanham Act, states that these hip hop cars could be infringing on the trademarks when they “use the mark in commerce in connection with the sale, offering for sale, distribution or ADVERTISING of goods or services.” The term commerce means placing the trademark on goods or their containers, tags or labels, or on displays associated with them, and then selling or transporting the goods in commerce. In our case the goods are usually Chevrolet or Buick cruisers that various brands painted on them. (continued below)

The key to my analysis possible  infringement is successful if the defendant closely associates the trademark with goods so that it indicates itself a source for consumers. So if the gentleman driving the Skittles car was actually selling candy that looked like skittles that would be a slam dunk. Here we simply have people styling their cars after pop-culture items like candy, cereal, websites and drinks in order to demonstrate their love for the item. The owner of the car is not offering the good for sale, nor is he or she in the business or producing the goods that is displayed on the vehicle. There may be instances where the owner may earn compensation from his use of the trademark by winning car show competitions or by increasing its retail value but these or only incidental.

Look Forward to Spring Summer 2012

A New Yorker himself, Richard Chai stepped into the fashion industry at an early age.  He is a Parsons School of Design Graduate and began his career with an internship at Geoffrey Beene.  After graduating he ventured to Paris, studied at the Lissa School and worked as a sketcher at Lanvin.  Once returning to New York Chai worked with numerous designers such as Armani, Donna Karan, Marc Jacobs’, and TSE.  Finally though, after gaining much experience in 2004 Richard Chai formed his own company.  He designs clothing for both males and females.  His Men’s spring 2012 collection though made a great statement on the runway.

Chai showed his men’s and women’s spring collections together, which I feel was a very bold and innovative idea.   Chai felt that many collections were dull and he wanted to brighten things up and he did just that, he added many bold colors to his spring collection as well as florals. It was great to seeing all the bold colors he brought to the runway for this spring. Now we have all seen skaters and hipsters’ right?  Well Chai ‘s collection portrayed a grown-up skater/hipster look.  He made these looks more sophisticated and polished, which needed to be done.  Baggy shorts with a fun pattern, a fitted colorful polo, and a blazer to pull the entire look together.  That is a great look for guys and a very innovative way to mature looks seen on the streets today.

Xox

Caroline Vazzana
Fashion Colmnist contact info: caroline.vazzana001@​albright.edu

The Federal Trade Commission announced a $25 million settlement with Reebok on Wednesday over what it said were unsubstantiated claims about the exercise benefits of its “toning shoes.” (watch the video below) But the issue may not be limited to Reebok. Skechers said in a Securities & Exchange Commission filing last month that the FTC is investigating its advertising and claims about its toning sneakers. Los Angeles attorney Tina Wolfson filed a lawsuit seeking class-action status in January against New Balance, alleging its claims about the toning and calorie-burning potential of its toning shoes were false and misleading. Toning sneakers have rounded heels and other features that purportedly require more energy for walking. Sales of toning shoes hit about $1 billion last year, the FTC said.

File a claim to get your money back from Reebok.

The FTC said Reebok made “unsupported” claims in advertisements that walking and running in its shoes strengthen and tone key leg and buttock muscles more than regular shoes. The FTC said these claims included that EasyTone shoes had been proved to lead to strength and tone improvements of: 28% in buttock muscles, 11% in hamstrings and 11% in calf muscles over regular walking shoes.

“We fully stand behind our EasyTone technology,” Reebok said in a statement. “We have received overwhelmingly enthusiastic feedback from thousands of EasyTone customers, and we remain committed to the continued development of our EasyTone line of products.”

The American Academy of Podiatric Sports Medicine has taken a cautious stance against toning shoes, which it says can provide benefits for some users but “may have consequences,” especially for those with balance problems.

“As is typical in advertising, some manufacturers greatly overstate the benefits and do not fully disclose the risks associated with toning shoes,” the group says on its website.

The Consumer Product Safety Commission‘s complaint database has more than 20 complaints about toning shoes, including two about Reebok versions. Consumers wrote about pain and injuries including stress fractures.

Under the settlement, Reebok is barred from making any claims that its products strengthen muscles unless they are “backed by scientific evidence.” Consumers who bought Reebok toning shoes or EasyTone apparel on or after Dec. 5, 2008, are eligible for refunds. More information about the settlement is at www.reeboksettlement.com/ftc.

“The FTC wants national advertisers to understand that they must exercise some responsibility and ensure that their claims for fitness gear are supported by sound science,” said David Vladeck, director of the FTC’s Bureau of Consumer Protection. (credit for this article comes from USA TODAY)

Mr. Fame Appeal himself, ME! (sorry for the pixelation it was taken with a cell phone)

The recently completed, Philadelphia Collection was a series of fashion-focused events spanning over 12 days (9/12-9/24). Sponsored by a number of corporations ( Macy’s, Four Seasons, The Art Institute just to name a few) the Collection united several fashion/style professionals together from across the city to promote their hometown as an epicenter of fashion and commerce. The main event of the Collection was Philly Fashion Week. Understanding that buyers needed to be given first look at the designers lines, PFW strategically kicked off their showcase with a Clothing and Accessories event for Buyers. Only then did they hold two days of runway shows combined with award ceremonies and social events. Lastly, 9/23-24 was completely dedicated to showcasing remaining designers whom the entire city had been waiting for! Below are some photos from a series of events. For those of you who missed the Philadelphia Collection you surely need to mark your calender and attend next year. (Photo Credits go to Vision One Images)

Spring style with a little cricket flare

Gorgeous White Dress, love it

Pop Icon Karina Bradley and Fashion Show co-producer Kevin Parker

@ the Buyers Event- Designer Glenroy March presents his ready to wear line

Fashion industry network event at the Kimmel Center

Jaya Misra

As fall draws closer and summer begins to fade away there are so many great styles that come along with the new season.  One of my favorites in particular is paring dresses and skirts with tights.  Even though the warm summer air is fading away there is no reason to hide all your dresses and skirts.  Try pairing these pieces with a cute pair of black, grey, or even fishnet tights.  This is a great way to stay warm but chic at the same time.  Pairing a dress with tights and a blazer is very in right now and a get up that could work in the office or even when going out at night.  My personal opinion is when going out at night pair the ensemble with a great pair of heels.  Another option for your dresses during the fall is to wear your dress with a pair of knee or calf length boots.  This is a stylish way to keep your dresses appropriate during the fall.  The boots serve not only for warmth, but are also quite stylish.  So when you are sadly packing away some of your summer dresses this season, think fresh and innovative ways to create new outfits!

Xox

Caroline Vazzana
Fashion Colmnist contact info: caroline.vazzana001@​albright.edu

Aston Martin must protect its brand name from Rick Ross’s hit single “Aston Martin Music” (music video seen below). The high end automobile manufacturer’s image of luxury sports cars is usually depicted in upscale show rooms and 007 films. However, Rick Ross’s song has made the exclusive car a now tacky pimpmobile.  Even though High end cars and hip hop go hand in hand, Rick Ross took the relationship to an unprecedented level. He not only named his song after the manufacturer, he demonstrated it as a vehicle to accommodate drug dealing, transport narcotics and  invite Porno stars take a ride in. (story line of the music video).

Abercrombie and Fitch’s offer to pay the cast of the Jersey Shore Cast to stop wearing their brand was a defensive measure to protect the clothing line’s image from lewd, beach bums. Similarly Aston Martin should do the same to Rick Ross and protect its brand from the heavy drug dealing and lewdness depicted in the video. Currently, no law can force celebrities to stop strutting their brand name, however if the price is high enough celebrities will take the cash and ditch the name tag under under contract law . So why doesn’t Aston Martin make a move on Rick Ross? Any thoughts?

Rick Ross – Aston Martin Music (Feat. Drake & Chrisette Michele)

Tadashi Shoji and Myself talking backstage @NY Fashion Week

After a long hiatus, it’s time to get Fame Appeal back up and running. My last entry was back in May 2011, since then I have been busy wrapping up law school, dealing with bar exam, and relocating myself to Philadelphia. In the mean time Fame Appeal was operated by some great interns to whom I give many thanks. Stay tuned for new legal articles, interviews and style hints for men and women. I recently came back from NY fashion week here are some snapshots from my time there!

Tadashi Shoji Courtesy Rmahicks

Jad Ghandour (yes those are tigers!!!)

Tadashi Shoji Courtesy Rmahicks

Supima Courtesy Rmahicks

Richard Chai Courtesy Rmahicks

Richard Chai Courtesy Rmahicks

In it’s answer YSL, claims Louboutin can’t show irreparable harm or consumer confusion, which is important in obtaining the injunction. In addition YSL has filed its own counterclaims challenging the validity of Louboutin’s red sole trademark, arguing a fashion designer should not be able to monopolize any color and the Louboutin trademark should have never been granted. The attorney for CL notes they are not claiming ownership of all red soles but only a bright lacquered red.

YSL does raise an interesting point–should a designer be able to trademark a color? Some companies have trademarked colors for their product–think Tiffany blue, but the doctrine of aesthetic functionality may suggest otherwise for CL. Under the doctrine when an attractive product feature serves a purpose beyond identifying the source of a product as being sold by a certain company, the feature might not be protectable as a trademark. This is because it would interfere with legitimate competition by allowing the producer sole control of a useful product feature.

Does red envoke luxury or sexiness and therefore have a functional role? Arguably red soles have no purpose beyond identifying the source of the good but they are an important attribute in the commercial success of Louboutin shoes which sparked others to add color to their soles.

Check back for the ruling from New York’s Southern District.

DaniellePhillips

Fashion Law Contributor

Source: WWD

California Governor signed legislation to require out-of-state internet sales companies to collect and pay state sales taxes.  The bill expands the definition of a company having physical presence in the state and now includes companies with subsidiaries in California or business relationships that refer potential customers.

While the bill is a way to generate revenue and reduce state budget deficits, it is a job killer for large internet sales companies–as giants like Amazon and Overstock threaten end their physical presence in CA. Also many smaller businesses often operating out of one’s home use the internet as the main means of expanding their market share and customer base and will have a harder time paying compliance costs.

Internet sales tax collection bills have been supported by many traditional retailers, who argue they’re at a disadvantage having to shoulder the cost of sales tax collection and remittance. While the costs borne by the retailer are passed on to their customers in the form of higher prices, the online company can charge a lower price and offer tax-free shopping, in addition to the convenience of home ordering and delivery. Meanwhile, online retailers with a physical location in one or two states but millions of customers across the country, did not have to deal with such an expense.

Is a state internet sales tax bill really the way to go? A 1992 Supreme Court decision said retailers only had to collect the sales tax if they had an actual physical presence in the state. Arguably this bill allows states to regulate interstate commerce, something the Constitution strictly prohibits.

Danielle Phillips

Fashion Law Contributor

Apparently, Abercrombie is singing the same tune again. A former stockroom worker is suing the historic brand, claiming she was suspended, and then fired because she refused to remove her Muslim headscarf while working. Although Abercrombie has claimed that it does not tolerate discrimination, they have been the target of discrimination suits several times and have settled with class-action parties in the past. Guess their lawyers will have to use those negotiation skills to bail them out, again.

Abercrombie got out of a crappy tough situation in 2005, paying $50Million to class action litigants, and agreeing to adopt new measures to promote diversity within their brand. Don’t believe it? Read up for yourselves.

Either way you look at it, this is crappy ugly for Abercrombie. They already had a lot of ground to make up from their previous missteps, and this just makes the mountain even higher to climb.

Sources: (1) (2)

Aqua Etuk

Assistant Managing Editor

Check out more about this great piece here.

Aqua Etuk

AME

Chloè Satchel

Compagnie Financière Richemont (owner of brands Chloé and Montblanc) filed suit against Tradekey.com. Richemont is alleging Tradekey, a Pakistan based company, knowingly sold counterfeit replicas of the plaintiffs’ products through unauthorized sellers, manufacturers, suppliers and distributors. Tradekey, believed to be one of the largest business-to-business global marketplace e-commerce sites, was founded six years ago, and sells goods in over 240 countries.

Plaintiff claims Tradekey not only helps manage listings by counterfeiters–editing postings and removing the term “replica” from their title, but it also provides search engine optimization services to its members who sell fake goods.

While it is important to go after counterfeit sites by seeking injunctive relief, once a brand takes down some sites, others come up almost on a daily basis. Many brands are fighting back against fakes by not only shutting down these sites but are also informing their customers. For example, Christian Louboutin takes a more proactive approach by adopting a zero-tolerance policy and through the creation of stopfakelouboutin.com. The site not only directs customers to the brands’ authorized retailers but also includes a list of several thousand of counterfeit sites to avoid.

Danielle Phillips

Fashion Law Contributor

Johnson sold counterfeit luxury apparel and accessories that bore trademarks identical to trademarks used by Coach, Louis Vuitton, Dolce & Gabbana, Prada, Chanel, Gucci, Polo and Nike. Johnson owned and operated a retail store known as “Prestigious Fashions,” and two sales booths, all located in or near Baltimore, Maryland.

Undercover officers purchased counterfeit goods from Johnson who said the items were “fake” and also told officers that he hosts “purse parties” in order to sell the counterfeit items. Approximately 3,600 items of counterfeit luxury wearing apparel and accessories with the above stated brand names were seized from six locations and vehicles associated with Johnson. The lost retail value of the goods seized is estimated to be at least $400,000.

Also located in Johnson’s van was a cease and desist letter from Coach. However, the back of the letter contained Johnson’s notations regarding further sales of counterfeit goods.

Counterfeit sellers beware ICE is coming for you!!

Danielle Phillips

Fashion Law Contributor

Avantika Mankar

Fashion Contributor

Long Lines for McQueen Exhibit

McQueen Exhibit Attracts New Audience to Fashion:

“What I do is an artistic expression of that which is channeled through me. Fashion is just the medium.” –Alexander McQueen

I finally visited the “Alexander McQueen: Savage Beauty” costume exhibit at the Metropolitan Museum of Art. It was absolutely breathtaking, focusing on McQueen’s fascinating showmanship and his remarkable techniques.

The exhibit is divided into six themes that are distinctive of Mr. McQueen’s work: the romantic mind, romantic gothic, romantic nationalism, romantic exoticism, romantic primitivism, and romantic naturalism. It features fine tailored smoking jackets, explores the interplay of opposites like life and death, or lightness and darkness, shows his fascination with other cultures, and reveals McQueen’s use materials from nature.

As I examined the clothes closely, I could see the difficult work performed on each dress or coat. He manipulated feathers, horns, wood, glass, flowers, horsehair and shells into coverings for the female form. Mollusk shells became a corset, feathers became a skirt, a jawbone became jewelry. Above the displays, videos from the dramatic McQueen shows run continuously. Those who argue fashion only serves a utilitarian purpose may change their mind after leaving Savage Beauty. McQueen was clearly an artist who just happened to work with fabric.

To anyone who might be passing through New York City, even for a day: do not miss this exhibit, the experience will stay with you forever.

Danielle Phillips

Fashion Law Contributor

But that’s not the main issue for me (or what I think is the main issue). I think it’s great that Burberry and Tory Burch have opened up to the world of Facebook, but how much of a connection do they expect to make siphoning through the crap loads exorbitant amount of spam that will likely ensue from petty Facebook users? Let’s face it, there are some things that should not change. If you have a serious concern, or personal gripe, you should take it up with that brand head-on. I remember when I was unhappy with a suit I bought from J.Crew (rare occasion) and I wrote them about it. They responded, apologized, and offered to help me find something I liked. I didn’t need to use Facebook or any other social media platform to make my voice heard, and perhaps neither do you.

For more on this article, check out the source!

Aqua Etuk

Assistant Managing Editor.

Belinda Antwi

Guest Contributor

Tory Burch, LLC has been awarded a $164 million judgment against online counterfeiters. In the suit, the fashion label named 41 cybersquatters, primarily of Chinese origin, which it discovered were linked to 232 domain names, including Web sites like “ToryBurchOutletShop.com.” Cybersquatting is registering or using a domain name in bad faith to profit from the goodwill of a trademark belonging to someone else (according to the United States Anticybersquatting Consumer Protection Act).

A New York federal court awarded the firm damages against operators of Web sites selling fake Tory Burch ballet flats and other footwear, handbags and accessories. While there is almost no chance of getting the money from the sites, the award is believed to be the largest sum of damages ever issued to a fashion firm in the battle against online counterfeiters.

In addition to monetary damages, the court ordered that 232 domain names used to sell Tory Burch fakes be permanently disabled and turned over to the New York-based fashion label. More importantly, the ruling allows the brand to disable any additional offending sites created by the defendants in the future without needing a new lawsuit.

Danielle Phillips

Fashion Law Contributor

Today, we took at trip to New York’s Garment District where we visited the CFDA (Council of Fashion Designers of America) Incubator.

The CFDA Incubator program is designed to support the next generation of fashion designers by offering low-cost design studio space, business mentoring, educational seminars, and networking opportunities to the program participants to help grow and sustain the business of the 12 participating tenants over the course of the next two years. The CFDA requires that applicants for the program be somewhat established: applicants must have garnered substantial editorial coverage; have orders from top retailers; be American or have established a primary design business in the United States; and be in business for a minimum of 1.5 years.

We were able to meet Rachel Dooley, a program participant who is a jewelry designer for GEMMA REDUX. Dooley praised the Incubator as a great mentoring program. Because the designers are all in the same building, they can go to one another for questions and advice. While Dooley’s designs were showing up in leading fashion industry publications and appearing on TV and the red carpet, she cautioned designers to be on the lookout for copycats. Dooley, a former IP attorney, noted that although jewelry designs can be protected under current copyright laws, she still has friends and family on the lookout for others stealing her designs.

Check out all the designers participating in the CFDA Incubator program here

Danielle Phillips

Fashion Law Contributor

Guest Speaker Fashion Law Institute

Today, designer Sigrid Olsen stopped by to speak to our class about her experience in the fashion industry. Olsen’s background as an artist andin textile design led her to the clothing business. She gained a following but, against the advice of her attorney, signed a contract with Liz Claiborne Inc., which purchased the brand from Olsen and her investors.

While there were good times, Claiborne Inc. eventually told Olsen her brand was losing customers and money and that Olsen’s line and stores would be closed. Because Liz still owns the trademark for the Sigrid Olsen brand, Olsen is limited by a contract signed years ago. Fortunately ,Olsen is no longer bound by the non-compete agreement contained in the contract and was able start fresh, going back to her roots in art.

Olsen’s advice: don’t expect things to end happily ever after. Her company had become so large that she did not get to do what she loved, which is creative based–she ended up being the head of her company and being  in meetings all day. It’s important for designers to think about what they want to do next and have an exit strategy when considering going mass market. Olsen also stressed that designers should not use their own name for their brand. If a designer decides to sell the brand, but has to move on to something else, he or she will still have creative control over their name.

Learn more about Sigrid Olsen in the HBO documentry Schmatta: Rags to Riches to Rags

Danielle Phillips

Fashion Law Contributor

Today marked the start of the Fashion Law Institute Summer Intensive Program. I met some fantastic people from all over the world who all share a passion for fashion and the law! It was amazing to see the diversity around the classroom–design students, law students, attorneys, and industry professionals all wanting to learn more about the relationship between law and fashion.

Once class began, I got the syllabus. While there is considerable debate about intellectual property issues that arise in the industry (trademark, copyright, patent), I’m glad the class will also cover issues involving business and finance, international trade, government regulations, and consumer culture.

There are also several additional events outside the classroom including a guided tour through the Tenement Museum and a trip to New York’s garment district on Thursday. I’m looking forward to the trip to the Metropolitan Museum of Art where we will visit the Costume Exhibit, “Alexander McQueen: Savage Beauty.”

I also can’t wait to use my hot pink Fashion Law Institute towel on the beach this summer!!

Danielle Phillips

Fashion Law Contributor

Avantika Mankar

Fashion Contributor

The latest fashion controversy has both Yves Saint Laurent and Christian Louboutin seeing red. Literally. After allegations of copying were claimed by Christian Louboutin, Yves Saint Laurent responded with a $1 million lawsuit.

So who’s the real McCoy and who’s the copy cat? Christian Louboutin claims that their red-soled shoes were created in 1992 with the desire to create energy on the sole, while Yves Saint Laurent argues that red has been used throughout history, and there’s no proper way to trademark a color.

Sorry, Christian Louboutin, we don’t agree with you on this one. If you can trademark colors, than the folks at Apple would probably have trademarked every shade of white allowed by the FCC, along with Kanye West claiming he created every pastel color known to man. If Christian Louboutin could prove that their “Red” was unique or special, we’d feel more inclined to align ourselves with all their celebrity followers, but not this time.

For more information on this standoff, check out the Source.

Akwa Etuk

Assistant Managing Editor

The Peterson Dress may be just a little black dress but its silhouette is what makes it.  We’ve been working out all winter for bikini season, so let’s not lie to ourselves and say that we aren’t waiting to show off our wash board abs. This dress just gives us a classy way to do so. And what’s a black dress without a blazer? In the predominantly dark color-filled line, my eye was immidietally drawn to a pink jacket (it’s true, i’m a guilty pink-freak). The Kevington Jacket is oh-so adorable, even Emma Watson thinks so!

Fashion Contributor: Avantika Mankar

A Pretty Pleated Bag available at Anthropologie

With a Venti Soy Tazo Chai Latte in one hand and your Smart Phone of choice in the other, doing the “shoulder shrug” to secure your purse upon your shoulder is very inconvenient. Other than the fact that you’re more than likely to stain your adorable outfit, the infamous “shoulder shrug” is just downright unflattering and quite frankly makes you look like a hot mess.  It’s no surprise that across-the-shoulder bags have become uber popular; solving the “shoulder shrug” issue, being comfortable, AND looking chic at the same time? If you ask me, it’s the best thing since sliced bread.

Fashion Contributor: Avantika Mankar

Packed at Fordham Law School. First Annual Fashion Law Symposium

Shopping for Fashion houses: Who is the first in line in the Mergers and Acquisitions Market.

Every business needs capital to get it moving, however there is a tension where seeking capital begins to destroy creativity. That is why there is a difference between the Fashion industry and the Apparel industry. A once unique and quality designer label becomes too bland and boring after it is acquired by a huge penny pinching holding firm… Why does this happen?

Why is it so tough to assess the value of Fashion designers so to they can receive much needed funding. Louise Firestone, Vice Present for Legal Affairs at Louis Vuitton Moet Hennessy, discussed how the growing number of ill-equipped clothing companies. Traditionally a fashion designer has temporary control over a fashion house and then moves on to another fashion house or starts her own label, this promotes stability to designer marketability. (Marc Jacobs & Louis Vuitton) Presently numerous designers start their own label out of thin air with little marketability and therefore the trouble of attaining outside corporate investments has become too risky because there is no way to rate the success of a designer.

However, the profit ridden venture capitalist and equity firms lose face when it comes to the unique Gary Vassner (senior partner at Hildun Corporation). For 35 years he has been financing fashion designers through a hands on approach. He demands to see the clothing, accessories and footwear of a clothing line FIRST!!! Then he begins to calculate the viability of a designer an investment.

Richard Kastenbaum did a great job at explaining the Structure of the US Apparel Industry. It is chain of control where the Retailers control the Wholesalers and the Wholesalers control the Manufacturers. Usually, business is done in reverse, however the fact that the Retailer, (target, gap, Ralph Lauren) has such a huge market share allows it to control the earnings of the lesser share Manufacturer (Jones, Liz) and the very distant manufacturer (China).  Therefore the common manufacturer controlled business approach does not work since consumers purchase goods through a retailer without thinking about how it was manufactured.

Doug Hand, a partner at Hand, Baldachin & Amburgey, discussed how the M&A negotiations differ when dealing with apparel companies because there is a heavy concentration around IP protection.  He stated licensing a label is an easier avenue of income for younger lines and that accessory (handbag lines) traditionally are more lucrative than most.

I will be back with more to share with you later today!!!

You must attend today’s event at Fordham Law School. Whether you are a designer, lawyer, involved in international business or simply want to learn about a new and lively  area of the law Fordham Fashion Institute @ 140 West 62nd Street, NYC is the place to be. Follow @Fameappeal on twitter for updates throughout the day.

SCHEDULE: (copied from Fordham Law Page)

9:30-10:45
Panel 1: Shopping for Fashion Houses: Who’s First in Line in the Mergers Acquisitions Market?

Mergers and acquisitions are back in fashion. After the recent downturn there was a hard freeze in activity, but in the past year there has been renewed financial interest in fashion houses. From multinational corporations expanding into new product categories or distribution platforms, to Asian companies looking to buy into Western labels, to private equity firms investing in emerging designers and undervalued brands, it seems that everyone wants a stake in fashion. This panel will explore the recent upsurge of M&A in the fashion industry and the many issues involved, including valuation of intellectual property in a buyout, hostile takeovers, shareholder litigation and the risks of going public, and the creation of synergies and cohesive brand images within fashion conglomerates.

Panelists include Louise Firestone, LVMH; Sean Griffith, Fordham Law School; Doug Hand, Hand, Baldachin & Amburgey; Richard Kestenbaum, Triangle Capital; Gary Wassner, Hilldun Corporation.

11:00-12:15
Panel 2: Spinning the Globe: The Future of the “Made In” Label
“Made in USA” is in danger of disappearing.
“Made in Italy” is the subject of legal debate.
“Made in China” is an economic powerhouse, but under pressure from labor costs and quality questions.

What does it mean to be “made in” a particular country? In fashion, design is only the first and most glamorous step in a long chain. The actual manufacture of clothing and accessories relies on a complex, competitive global network, which is currently facing worldwide cotton and wool shortages, rising costs of labor and raw materials, questions of currency valuation, the demands of textile innovation, production delays, and intense price competition among suppliers. Fashion houses must choose among high-cost Western production, formerly low-cost but increasingly expensive production in China, and moving manufacturing to still cheaper countries like Bangladesh and Cambodia. In Europe, some luxury brands have quietly shifted production of exclusive lines out of Italy and France to different countries, while other labels have remained linked to traditional craftsmanship, choosing instead to cut volume and increase prices. Closer to home, U.S. designers are struggling to preserve American production with campaigns like “Save the Garment Center.” This panel will examine how issues in sourcing and manufacturing are affecting the fashion industry, what steps the industry is taking to deal with these concerns, and whether the consumer even cares what it says on the “made in” label.

Panelists include Joseph Ferrara, Garment Center Supplier Association; Guillermo Jimenez, FIT; Sabina Lepre Leva, Italian Trade Commission; Mary O’Rourke, O’Rourke Group Partners; Andy Ward, Garment Industry Development Corporation.

12:30-2:00 Lunch

2:15-3:30
Panel 3: Is Grey the New Black? Parallel Imports and Counterfeits in the Online Marketplace
International borders today can seem as easily crossed as lines on a map, particularly when it comes to the movement of products around the world to reach the consumer. Whether in a 40-foot shipping container or a single package addressed to a residence on Main Street, wholesale and retail orders are always on their way – and some of them are bound to contain parallel imports, goods bearing false trademarks, or both. The black market in counterfeits has received more attention than the grey market in otherwise legal goods distributed through unauthorized channels, but both are a matter of concern for fashion houses seeking to protect their brand images – especially given increased globalization of production, the popularity of discount retailers, and the growth of online retail sales. This panel will address issues involving the black and grey markets, as well as different strategies for addressing them.

Panelists include Erica Alterwitz, BCBG; Rachel Dooley, Gemma Redux; Fred Felman, MarkMonitor; Paul Garrity, Sheppard Mullin; Scott Gelin, Greenberg Traurig; Valerie Salembier, Harper’s Bazaar; Susan Scafidi, Fordham Law School.

3:45-5:00
Panel 4: Eco-Chic: Is It Easy Being Green?
As fashion becomes a more environmentally conscious industry, some proponents of eco-chic have called attention to the unfortunate side effect of greenwashing, the practice of companies disingenuously spinning their products and policies as environmentally friendly. This panel will discuss the newly updated FTC “Green Guides” proposed in October 2010, how they may help combat greenwashing, and what both companies and consumers can expect from the Green Guides. This panel will also look at new developments, trends, and eco-friendly industry initiatives in areas such as sourcing, manufacturing, and production, as well as broader themes such as sustainability and corporate social responsibility.

Panelists include Maria Cornejo, Zero Maria Cornejo; Sarah Scaturro, Cooper-Hewitt National Design Museum; Paolo Galizzi, Fordham Law School; Darren Lubetzky, U.S. Federal Trade Commission; Marysia Woroniecka, Zero Maria Cornejo; Larry Weinstein, Proskauer.

5:00-6:00 Reception and Fashion Presentation

CLE Credit: 6 Transitional and Non-Transitional, Professional Practice NYS CLE Credits are available for $120 ($85 for Fordham Law alumni & public interest attorneys).

Non-CLE Admission for students, designers and other members of the fashion industry is available for $25.

To register, please click on the link below.

Fordham Law School has a financial hardship policy for the symposium.

Time Warner Cable seeks a declaratory judgment (what is a DJ) to decide whether the Ipad or “smart televisions” are included as video display devices for subscribers to watch Viacom tv shows. Networks like BET, MTV and Comedy central are all subsidiaries of Viacom, and Time Warner Cable has an affiliate agreement with Viacom which allows them to broadcast those networks.  Viacom is ticked off that Time Warner Cable transmits MTV, BET, CMT shows to its subscribers through an Ipad. Viacom states that Ipads are not what was intended when they permitted Time Warner Cable to broadcast MTV, BET etc. through in home video display devices.  Time Warner argues that an Ipad is simply an additional screen to view their cable service at home because the television broadcast “pipe” used to see episodes through a LCD screen is the same “pipe” used for Ipad transmission.

The right to broadcast copyright protected works through electronic devices are traditionally articulated in very broad terms. This is to protect the licensee (Time Warner Cable) from future violations. Viacom views the Ipad as an unconventional device that is not equivalent to something like a television because by its nature an Ipad is a mobile device like a cell phone and not a like heavy/clunky plasma screen home device. However, Time Warner Cable argues that the Ipad is simply the evolution of visual devices used in the household.

Time Warner Company v Viacom Bet Cmt

RED BOTTOMS!!!

Christian Louboutin recently filed suit (copy of complaint below) in federal court in Manhattan against Yves Saint Laurent over their use of red soled heels. Louboutin, claims Yves Saint Laurent is selling shoes with red soles that are “virtually identical” to its own. Louboutin is seeking an injunction against the sale of the shoes and damages of at least $1 million.

Most people know when they see a flash of red when a woman walks its a Louboutin shoe. Christian Louboutin’s red-soled shoes have been seen everywhere- from red carpets to local events. According to the complaint, Saint Laurent has been selling red-sole shoes at high-end fashion stores that also sell Louboutins, including Saks Fifth Avenue, Barneys New York and Bergdorf Goodman. It is easy however to agree that YSL’s use of red soles on their footwear is causing confusion, among those purchasing the designer pumps. However YSL also made blue shoes with blue soles and green shoes with green soles this season.
Guest Write Danielle Phillips

Christian Louboutin v Yves Saint Laurent

A series  of stores named FAME New York has infringed on True Religion Jeans, (subsidiary of GURU jeans) MEK denim and Miss Me Jeans (a subsidiary of Sweet People Inc.) The heavily embroidered clothing companies filed suit against Defendant FAME NY operated by Mr. Sung Kwon Lee, who allegedly bases his counterfeit operations out of Englewood, New Jersey. Mr. Lee did not stop in NY he has incorporated FAME stores throughout the country as seen in the map below in order to expand his business.  You can read the complaint below. I find it repulsive that Mr. Lee has used the word “FAME”  to brand his infringing company, while I use the same word to brand protection of intellectual property! Can someone please go to the store Fame New York located at 512 Fashion Ave NYC, NY or 649 Broad NYC, NY to find out if that store is related to this case and then contact me at mishariff@fameappeal.com.

True Religion Jeans, MEK Denim, Miss Me vs. Fame NY