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Fashion law for a global industry

Deanna Clark-Esposito

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

Book chapter

This text will analyze the legal framework governing this global industry, as well as the parties to whom the law applies. Through an examination of the breadth of participants and laws, one can begin to understand the complexity of both the fashion business and the laws governing its operations as multiple legal obligations imposed by different government administrative agenciesadministrative agenciesimporting(which are governmental bodies with the authority to implement and administer particula

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.

Beauty

Elaine Stone and Sheryl A. Farnan

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

Book chapter + STUDIO

For centuries, the pursuit of beauty was the prerogative of the rich. Special beauty aids concocted in temples, monasteries, alchemists' cells, and kitchens were available only to the privileged few. Makeup in French was known as maquillage, and used only in court circles—and by the demimonde. Only in the past hundred years has the pursuit of beauty found its way into modernSkin care products,Natural products, in cosmetics,Makeup,CosmeticsEstée Lauder Cos.,gift sample promotion by,Estée Lauder Co

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.

Step 2: Macro Environmental Analysis

Jung E. Ha-Brookshire

Source: Global Sourcing in the Textile and Apparel Industry, 2nd Edition, 2017, Fairchild Books Library

Book chapter

While new products are being developed, sourcing personnel take all the information on new products and start to select the most appropriate supplier to produce and deliver the products for the company. In particular, if sourcing personnel are looking into new countries as sourcing destinations, macro environmental analysis must be performed to see if entering a new country would be feasible for any given sourcing project. This chapter discusses the second stage of the seven core steps of global

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.”

Developing your practice

Sarah Kettley

Source: Designing with Smart Textiles, 2016, Fairchild Books Library

Book chapter

Designers embarking on the development of products within the hybrid mix of smart textiles and wearable electronics must research fiber types and constructions and their applications, found beyond the limits of the traditional fashion sector.

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

Import and Customs Issues in Fashion

Frances P. Hadfield and Amanda M. Simpson

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

Book chapter

The majority of apparel goods sold in the United States today are manufactured abroad. By law, even before the apparel arrives at the U.S. border, the importer must provide formalized information to the U.S. government about the fashion articles it intends to import. The process of providing this information to the U.S. government is called entry.19 U.S.C. § 1484 (2013).

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

Fashion Finance

Valerie Radwaner and Raphael Russo

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

Book chapter

This chapter reviews the financing options and procedures available to a fashion business, including debt and equity financing, factoring, and going public via an initial public offering (IPO). Start-ups and small businesses frequently need cash to finance growth, but they often have a challenging time raising capital given the unpredictability of their future revenues, whereas more mature companies are usually better able to obtain third-party financing to support expansion. Businesses are able

Bridging the gap between fashion and business

Susan Dillon

Source: The Fundamentals of Fashion Management, 2012, Fairchild Books Library

Book chapter

Starting any kind of business requires tenacity, endurance and dedication. Setting up a fashion business, even small scale, is all the more challenging because it is such a complex and competitive industry. Fashion companies can very quickly find themselves with customers and suppliers scattered around the world, which will require a lot of co-ordination and organization. All of the raw materials (fabrics, trims, haberdashery and so on) must be supplied to the manufacturer at the same time to sta

Technical Considerations

Alex Russell

Source: The Fundamentals of Printed Textile Design, 2011, Fairchild Books Library

Book chapter

It is almost impossible to underestimate how important a basic understanding of the manufacturing process is. Some of the requirements of print technology become so ingrained in professional designers that they become second nature - working with limited colour is one of the most obvious. However, it is possible to get overly concerned with how a design will physically be printed. If this involves any kind of mass production, it is highly likely that professional print designers will play no part

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

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

Writing Books

Kristen K. Swanson and Judith C. Everett

Source: Writing for the Fashion Business, 2008, Fairchild Books Library

Book chapter

After you have read this chapter, you should be able to discuss the following:

Use of Technology in Portfolio Development

Janace Bubonia-Clarke and Phyllis Borcherding

Source: Developing and Branding the Fashion Merchandising Portfolio, 2007, Fairchild Books Library

Book chapter

The first decision you need to make is the platform that is best for your needs. The two main platforms are Microsoft Windows (PC) and Macintosh (Mac). It is important for you to research both and determine which is best for you. The majority of software used in the fashion industry is available in both platforms with only slight differences. Most people have a definite preference for one or the other and become proficient in that platform. If you choose Mac, then your files will open easily on t

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