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Intellectual property: Protection, enforcement and hidden issues

Deanna Clark-Esposito

Source: A Practical Guide to Fashion Law and Compliance, 2018, Fairchild Books Library

Book chapter

While the lengths to which IP protection should extend over the fashion industry may be left to the courts to answer, it can be said that there are several facets of the industry as a whole that are in need of protection. They range from a product design or functionality standpoint, to issues involving the manufacture of counterfeit goods, which have been linked to child and slave labor, as well as that such sales have been connected to the funding of terrorist activities.

Global Fashion Business

Elaine Stone and Sheryl A. Farnan

Source: The Dynamics of Fashion, 5th Edition, 2018, Fairchild Books Library

Book chapter + STUDIO

Buying merchandise for a retailer has become a global enterprise, involving planning, organization, and hard work, as well as extensive knowledge of the world's global fashion markets and related trade, import, and export agreements. Our discussion of global marketing and its buyers and sellers begins with understanding how the world's market centers developed and operate. We then discuss how importing, product development, and trade agreements work between the United States and its trading partn

Brand Identity and Protection

Fiona Armstrong-Gibbs and Tamsin McLaren

Source: Marketing Fashion Footwear. The Business of Shoes, 2017, Fairchild Books Library

Book chapter

Fashion footwear is a complex industry where many variables converge to present brands with challenges that test their ability to become, and remain, credible. It is this credibility that is crucial for brands to survive, not just short term, but long term. And it is this credibility, in the eyes of the consumer, that allows brands to charge far in excess of production costs and overheads, and therefore yield greater profit.

Line Development

Sandra Keiser, Deborah Vandermar and Myrna B. Garner

Source: Beyond Design. The Synergy of Apparel Product Development, 4th Edition, 2017, Fairchild Books Library

Book chapter + STUDIO

“Design is an art; fashion is about capitalizing on a moment.”

Global Sourcing and Merchandising

Elaine Stone and Sheryl A. Farnan

Source: In Fashion, 3rd Edition, 2017, Fairchild Books Library

Book chapter + STUDIO

As the popular children’s poem states, “To market, to market, to buy a fat pig; home again, home again, jiggety jig.” Going to market can be an exciting and different experience, whether it is going to buy food, candy, sporting goods, or clothes. Most of us go to market with great expectations and plans, and once home, sometimes the purchase is perfect and other times it is just not right.

How Ethics and Social Responsibility Impact Consumer Behavior

Patricia Mink Rath, Stefani Bay, Richard Petrizzi and Penny Gill

Source: The Why Of The Buy. Consumer Behavior and Fashion Marketing, 2nd Edition, 2015, Fairchild Books Library

Book chapter

As you've learned throughout this book, many conscious and unconscious factors go into every purchase decision a consumer makes. For a growing number of consumers in the 21st century, those factors include ethical considerations. Ethics is a system of moral values, or a set of principles that define right and wrong. In some cases, ethical standards are established for an entire culture or profession; medical ethics, for example, prescribe that physicians shall provide competent medical care, with

Fashion Licensing

Karen Artz Ash and Barbara Kolsun

Source: Fashion Law. A Guide for Designers, Fashion Executives, and Attorneys, 2nd Edition, 2014, Fairchild Books Library

Book chapter

This chapter presents an overview of brand licensing and identifies the various issues that arise from these contractual arrangements in the fashion industry. License agreements are absolutely vital to the fashion industry, and it is no exaggeration to state that global fashion is built substantially on a foundation of brand licenses. As we will see, license agreements must be living instruments. As a result, the best ones are carefully designed to govern how people and companies work together ov

Litigation Strategies in Fashion Law

David H. Bernstein

Source: Fashion Law. A Guide for Designers, Fashion Executives, and Attorneys, 2nd Edition, 2014, Fairchild Books Library

Book chapter

This chapter reviews the full range of strategies and techniques available to fashion companies involved in legal conflicts, particularly regarding intellectual property. Among the topics discussed are how to choose a litigation forum, how to prosecute and defend against common claims that arise in fashion disputes, and how to address evidentiary issues that commonly arise during fashion-related litigation.This chapter was authored by David H. Bernstein of Debevoise & Plimpton LLP, in New York. M

International Fashion Law: Brand Protection and IP Law in Key Fashion Markets

Connie Carnabuci and Victoria White

Source: Fashion Law. A Guide for Designers, Fashion Executives, and Attorneys, 2nd Edition, 2014, Fairchild Books Library

Book chapter

A fashion label must adopt a global brand protection strategy if it anticipates operating in foreign markets. In this chapter we explore international IP registration strategies with a view to maximizing the country-specific advantages of the different national systems. We conclude the chapter with a summary of key IP and brand protection rules and procedures in several of the world’s leading fashion markets. Applications for trademark registration should be initiated at the earliest opportunity

Copyright

Charles Colman

Source: Fashion Law. A Guide for Designers, Fashion Executives, and Attorneys, 2nd Edition, 2014, Fairchild Books Library

Book chapter

This chapter explores copyright law in fashion. We review the basic principles of U.S. copyright law, discuss difficulties that fashion designers encounter in attempting to protect their creations using copyright law, review categories of fashion design elements that are copyrightable, and note certain fashion-specific issues that frequently arise in copyright litigation.

Design Patents, Utility Patents, and Trade Secrets

George Gottlieb

Source: Fashion Law. A Guide for Designers, Fashion Executives, and Attorneys, 2nd Edition, 2014, Fairchild Books Library

Book chapter

In addition to the protection afforded by trademark and copyright law, fashion companies may wish to avail themselves of patent and/or trade secrets protection. In the United States, there are two types of patents: design patents and utility patents. Design patents protect the original and ornamental design of an article of manufacture. Utility patents protect new functionality and do not cover any of the aesthetic elements that design patents protect. Unlike other forms of IP, trade secrets cann

A Survey of Fashion Law: Key Issues and Trends

Guillermo C. Jimenez

Source: Fashion Law. A Guide for Designers, Fashion Executives, and Attorneys, 2nd Edition, 2014, Fairchild Books Library

Book chapter

When the first edition of this book was published in 2010, it was the first comprehensive guide to fashion law in the United States. Since then, fashion law has achieved widespread recognition as an emerging legal discipline. Law schools and fashion programs now teach regular courses in fashion law, bar association committees have been devoted to fashion law, and continuing legal education seminars (CLE) on fashion law are widely offered. In light of the first edition’s enthusiastic reception and

Design Piracy Legislation: Should the United States Protect Fashion Design?

Guillermo C. Jimenez, Joseph Murphy and Julie Zerbo

Source: Fashion Law. A Guide for Designers, Fashion Executives, and Attorneys, 2nd Edition, 2014, Fairchild Books Library

Book chapter

Over the past century, the U.S. Congress has been the scene of approximately 100 failed attempts to pass legislation introducing intellectual property protection for fashion designs. Currently, American law provides minimal legal protection for fashion designs per se. While original fabric prints and surface designs, creative jewelry and accessories designs, innovative sculptural or ornamental elements, and novel fabrics and fibers may be protectable under trademark, trade dress, copyright, desig

Counterfeiting

Barbara Kolsun and Heather J. McDonald

Source: Fashion Law. A Guide for Designers, Fashion Executives, and Attorneys, 2nd Edition, 2014, Fairchild Books Library

Book chapter

Trademarks stimulate global consumer demand for products by increasing the recognition and popularity of certain providers of goods and services.Curtis Krechevsky, INTA and the Battle Against Counterfeiting, 93 Trademark Rep. 145 (2003). Trademarks create an association between a product or service and a particular brand’s name and reputation for quality. Since consumers cannot always inspect the quality of every product they buy or service they use, trademarks provide them with an easy and depen

Trademarks and Trade Dress

Marc Misthal

Source: Fashion Law. A Guide for Designers, Fashion Executives, and Attorneys, 2nd Edition, 2014, Fairchild Books Library

Book chapter

This section introduces the various types of IP rights that apply to fashion. The first key concept to understanding IP as it relates to fashion is that of multiple protection: a single garment or product may be covered by several different forms of legal protection at the same time. Consider a dress with a screen print of a photograph, as well as the company logo, on the front and a brand name on its label. The logo and brand name are protected as trademarks, but the photographic image is protec

Branding

Virginia Grose

Source: Fashion Merchandising, 2012, Fairchild Books Library

Book chapter

Customer behaviour can be unpredictable and it is difficult to make assumptions about who will buy fashion, but it is probably safe to assume that customers can be promiscuous about purchasing habits and highly sophisticated in terms of taste. Consumers today are more affluent, discerning, demanding, cosmopolitan, educated and time-pressured than ever before.

Creativity in the Industry

Tracy Jennings

Source: Creativity in Fashion Design. An Inspiration Workbook, 4th Edition, 2011, Fairchild Books Library

Book chapter

It is essential that when you begin your career as a designer, you have a professional portfolio in which you can display your work. Presentation skills utilized in creating a portfolio are very similar to the skills needed as a designer. Employers want to see proficiency in both fashion design and presentation. With a résumé, you can assert that you have certain skills and abilities, but a professional portfolio provides evidence.

Fake Branded Clothing in Post-Socialist Romania

Magdalena Craciun

Source: Berg Encyclopedia of World Dress and Fashion. East Europe, Russia, and the Caucasus, 2010, Berg Fashion Library

Encyclopedia entry

Fake branded clothes, mostly of foreign origin, ranging from cheap versions to high-quality copies and seconds of originals with imperceptible defects, can easily be found in Romania in open-air markets or well-established shops, in shop windows or “under the counter,” and in many people’s wardrobes. Behind such goods, there are various interconnected phenomena—for example, an informal economy, opportunities, compromises, and constraints in post-Socialist consumption, as well as the increasing so

Copying French Couture for American Consumers

Sara Idacavage

Source: Berg Encyclopedia of World Dress and Fashion. The United States and Canada, 2010, Berg Fashion Library

Encyclopedia entry

Throughout the first half of the twentieth century, it was common practice for American dress manufacturers and designers to directly copy clothing styles designed by Parisian couturiers, or to adapt them slightly to better meet the tastes of female American consumers. Twice a year, retail buyers, independent designers, manufacturers, publicists, and journalists from the United States traveled to Paris to view the latest couture collections. As the French couture industry was not able to cater to

Ethics and Industry

Lise Skov

Source: Berg Encyclopedia of World Dress and Fashion. West Europe, 2010, Berg Fashion Library

Encyclopedia entry

The question of ethics is about determining concepts of right and wrong human action. There are a number of ethical controversies in relation to the industries that dress the visible self, especially the clothing, shoes, accessories, and skin-care industries. The five main areas of controversy are, first, representations of idealized gender and body images; second, fakes and counterfeits of branded goods; third, working conditions; fourth, environmental impact and sustainability; and fifth, anima

The Role of Ethics in the Retail Environment

Jay Diamond and Sheri Litt

Source: Retailing in the Twenty-First Century, 2nd Edition, 2009, Fairchild Books Library

Book chapter

Codes of ethics are developed by a number of different groups, as described in the preceding paragraph. The documents produced range from those of a general nature, which merely suggest that employees should act in an honorable manner when carrying out their duties and responsibilities, to more detailed formats that specify expected behavior in every possible business situation.

Processes and Pitfalls in Fashion Design and Product Development

V. Ann Paulins and Julie L. Hillery

Source: Ethics in the Fashion Industry, 2009, Fairchild Books Library

Book chapter + STUDIO

The democratization of fashion was observed by Edward Sapir (1931), who noted that the Industrial Revolution permitted the spread of fashion diffusion by enabling a greater number of people to afford the fashions that could finally be mass-produced. Thorstein Veblen (1899) introduced the concept of conspicuous consumption in his book The Theory of the Leisure Class. He observed that fashion apparel, because of its highly visible nature, is a historically popular way for people to advertise their

Paul Poiret's Minaret Style: Originality, Reproduction, and Art in Fashion

Nancy J. Troy

Source: Classic and Modern Writings on Fashion, 2nd Edition, 2009, Berg Fashion Library

Book chapter

During his visit to America, Mr. Poiret was much astonished to see advertised in various shop windows Poiret gowns which he himself had never seen before. Needless to say, Mr. Poiret quickly identified these gowns as never having emanated from his establishment and the labels which were sewed in them as nothing but counterfeits of his original label. He immediately placed the matter in the hands of his attorney, who started an investigation which revealed the fact that not only were Poiret labels

The Modern Fashion System in France

Yuniya Kawamura

Source: The Japanese Revolution in Paris Fashion. Dress, Body, Culture, 2004, Berg Fashion Library

Book chapter

At the center of the French fashion system lies La Fédération Française de la Couture, du Prêt-à-porter des Couturiers et des Créateurs de Mode (the Federation), which is the oldest and, arguably, one of the most powerful fashion organizations in the world. A chronological history of the organization (Table 2.1) shows a significant link between institutional innovation and clothing innovation. The change and the stability of the organizational structure has affected and continues to affect the a

Customer or Competitor?

Lorynn Divita

Source: Bloomsbury Fashion Business Cases

Level: Introductory

Business case

Knight Underwear is a well-established underwear company with excellent brand recognition, based in the United States. Knight has a strong relationship with PrimeKo, a global discount retailer that stocks their products. However, competition for retail space and presence within PrimeKo stores is high as the retailer also stocks their own private-label underwear brand in addition to a key competitor. Knight has a new line planned for the Christmas period. PrimeKo’s underwear buyer expresses intere

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