After the outpouring of opposition of the California Fashion Industry, Senator Feinstein tried to halt the progression of the Innovative Design Protection and Piracy Prevention Act ("IDPPPA") or the Destruction of Affordable Fashion Bill, as I call it.
Despite receiving unanimous approval from the Senate Judiciary Committee on December 1, 2010, Senator Feinstein reined the bill back into the Committee for further discussion.
The Retail Industry Leaders Association (RILA) hailed this move, stating:
"Our members are concerned that if enacted, S. 3728 would result in increased, costly litigation that would cause uncertainty at all levels of the fashion industry and limit the ability of the vast majority of American families to enjoy fashionable apparel at affordable prices."
None of the suggested revisions were made, however, and on December 16, 2010, the bill once again moved into the Senate for a full vote.
But all is not lost!
- First, Senator Feinstein has requested comments from her constituents and she still has the influence to squash this bill or its spawn; and
- Second, the lame duck congress has only a few days left.
So, you can cross your fingers that our nations leaders have
fruit cake pressing issues of national security on their mind or email Senator Feinstein via her staff at firstname.lastname@example.org or Trevor_Daley@feinstein.senate.gov and let her know your opinion.
Otherwise, we'll all be walking around in ugly expensive clothes in 2011. Don't say I didn't warn you.
p.s. Just in case you need some talking points, check out the following from the CFA:
- Tell her that this bill allows no way of proving originality other than giving a defendant the expense of going to court. How can originality be proven without a data base from which to prove or disprove claims?
- If the legislation is enacted a company’s inventory and Accounts Receivable are at risk due to the potential for litigation.
- This legislation protects only a few people against the livelihood of thousands. The voices of the majority of manufacturers and retailers who create merchandise, based on what everyone sees on multiple media levels for every-day Americans, is not heard!
- This bill has nothing whatsoever to do with ‘piracy’ or counterfeiting’. Interpreting a trend should not be considered illegal.
- European law, upon which this bill is based, includes a Registration Process (RCD), and a “loser pays” provision. Neither requirement has been included in SB3728.
- “Substantially identical” is a vague term and should not be left to a court arbiter.
- Companies will be forced to close if lawsuits proliferate. The only ‘new’ jobs created will be for LAWYERS!
- This legislation will have negative impact for start-up companies who cannot possible afford the legal defense costs that must be anticipated.