TO CATCH A THIEF

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A classic and entertaining movie by Alfred Hitchcock.  Grace Kelly is beautiful and of course graceful and that handsome Cary Grant.  Can we all get a cat like that or at the very least an honest John Robie, watch the movie to follow my cheeky dialogue.  The iconic fifties dresses and style is seared into my memory.  Much like the movie, to catch a thief in the fashion world can prove to be near impossible, but with persistence it can happen.

John Robie, named the “Cat” in his burglary days, was being copied and framed.  He is finally vindicated when the  impersonator is caught.  However, in the fashion world when designs are copied not many impersonators are found or for that matter pursued. I speak not for the bigger designers like DVF that are able to go after most of their infringers.  I speak of the independent up and coming designers that don’t have the means of constant monitoring of their designs and/or trademarks.

However, there are a few inexpensive ways you can prevent the Cat from stealing your vision:

1) Google Alerts:  Set up alerts with Google to stay abreast on your industry.  Additionally, these alerts can tell you if other companies have set-up websites using your company name.

2)USPTO:  You can check the Trademark Office’s database in order to see what trademarks have been filed.  However, if your trademark is registered before the Cat it should be rejected based on the similarity marks and the likelihood of confusion.  If your trademark is governed by common-law you can still challenge the validity of the registered trademark if you can prove that your use was of trademark was in the public domain before the infringer.

3) Cease & Desist:  If you are unable to retain a full-time attorney, you can still consult with one to draft a cease & desist letter for you.  You can definitely draft a cease & desist letter on your own behalf, but perhaps the weight of legal representation may get the matter resolved quicker.

4)Policing E-Commerce Sites:  To prevent and limit the sale of counterfeit goods you can check sites like E-Bay, Amazon, Alibaba and Google.

5)Social Networking:  Create company’s official website, as well as Facebook, Twitter, Linkedin, Ning accounts to avoid confusion.

With the basic tools in hand you can catch your thief!

The materials contained on this website are designed to enable you to learn more about Fashion Law.  This website is for informational purposes only. The materials provided on this website do not constitute legal advice or create an attorney-client relationship.

SUNDAY EDITORIAL: THURSDAY IS THE NEW BLACK FRIDAY

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Retailers are capitalizing on the fact that we love a bargain. So much so that they have turned one of the most popular days to give thanks into a shopping day. It’s retailers gone wild! Why open stores on Thursday and have your employees work from 7-11, it seems unAmerican in some respects. On the flip side, it does help out those that have been out of work to get in some hours and make that much-needed income.

I still find it all too much. Although we should be giving thanks everyday, this is a mandatory day that makes us stop even when we don’t want to and give thanks. Not even that is sacred anymore. Although some might say that at the present time they have nothing to really be thankful for, no job, no money and no silver lining in sight. But, there is much to be thankful for as long as you are breathing. And perhaps retailers should take the time to give their employees the time to be with their families. Perhaps employees and shoppers should have a little protest of their own and not OCCUPY RETAILERS. Instead stay home, relax, cook, argue with family, eat some pumpkin pie, watch a football game and just celebrate Thanksgiving.

Just pointing out the obvious, figure it out amongst yourselves….

TOP BRANDS DILUTING THEIR OWN PRODUCTS?

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Good Morning to the Versace enthusiasts that stood on line to get into H&M at 8 a.m.!  I already see that some are selling the line on  e-Bay for $750.00, in a similar fashion to the Missoni line put out by Target a few months ago.  The thought of dilution of a brand brings to mind the deterioration of a brand due to the counterfeiting of its goods, like Burberry a few years ago, for instance.  However, now brand dilution or brand extension is a strategy employed by many designers.  Is it coincidence that top brands are linking up with stores like Target, Kohl’s, and H&M?

At first glance it appears that due to the economy top brands are creating fashion lines for the masses to expand their audience and their profits.  This very well might be true, since dealing with big department stores can put them in a position that does not yield a profit if the merchandise is not sold, or marked down.  But, to play devil’s advocate or an attorney, some say they are interchangeable.  Let’s say they are doing it to stay a step ahead and in some way prevent copying of their clothing.  It seems that they could be taking a strategic step in diluting their own brands in a positive way.  The thought process being “Before they do it, we will do it and make money from it.”

Remember Forever 21, known for copying a dress of a top designer in the very moments of seeing it walk down the runway.  Why did Vera Wang create a bridal line inspired by Kim Kardashian’s gown for David Bridal?  In essence she is knocking off her own designs.  She found a way to capitalize on a market, thereby cutting off those designers that live to copy.  So, do luxury brands like Versace and Missoni take away from their top-selling lines by creating these lines for the masses.  I believe in the long run, if done right, no they won’t but it also depends on the luxury brand and the overall marketing strategy for the high-end line and the new line made for the masses.   We will follow how this new business model unfolds for these top luxury brands.

Fashion Law: What Is It & Who Cares?

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Good question!  It seems that this area of law is growing from the Fashion Law Institute to the newly formed committee at the New York City Bar.  But, is it an area of law where there is a need for attorneys?  Yes & No.  Yes, because of course Fashion is a business and with any business there are legal implications, real estate, protections of intellectual property rights, contractual agreements, employment issues, and the list can go on.  However, in more instances you find that the everyday business of fashion are done by those that are actually fashion industry professionals.  Those that really know about merchandising, licensing of the products, branding and marketing.  These people hold MBA’s and/or attended a fashion school to become versed in the industry or business itself.

So, where do we lawyers fit in?  Well, this is the perfect place to explore that very question, perhaps it will answer a few questions for you as well.  Maybe even let us attorneys know whether the fashion industry cares about utilizing the legal skills offered.  Or perhaps attorneys that have an interest in this area have to adapt more to the fashion industry.