Fashionable Friday: Recommended Reading

It has been a crazy week in the world of Fashion Law!  But, I am finally caught up from my trip to DC.

Now, we here at the Fashion Law Blog are busy finalizing plans for the Licensing Expo in Vegas.  More about that next week.  Until then, here is what we have been reading:

J.C. Penny and the Future of Retail [Forbes]

The Top Five Social Media Trends in Retail [Talent Thread]

5 Notorious Fashion Court Cases [StyleCaster]

Proposed New Legislation Could Finally Give Child Models the Rights They Deserve [Fashionista]

and my favorite:

11 Examples of S#*t [Fashion] Bloggers Wear [BuzzFeed]

 

Happy reading!

xoxo

Staci

Fashion Law 101: Lessons in Branding From "The Great Gatsby"

Guest Post by Jackie Lechtholz-Zey, Esq.


As most of you know by now, we love branding over at the Fox Rothschild Fashion Law Blog. We love building brands, expanding their visibility through creative licensing strategies, and ultimately creating lifestyle brand empires.

In the past, we’ve seen some exciting brand collaborations on the screen (really, television) and the fashion lines that were sparked. For example, NBC’s Fashion Star showcases design competitions where winning garments are bought by retailers and become available for purchase by the public as soon as an episode is over. Banana Republic and AMC’s Mad Men costume designer Janie Bryant have teamed up several times to create exclusive collections with period inspired pieces for the retailer.

The recent release of Baz Luhrmann’s The Great Gatsby has piqued our branding interest in a new way.  While we’re used to seeing after-the fact-licensing as mentioned above, and merchandising with films—think lunch boxes, action figures, costumes—we haven’t before seen the level of seamless brand integration as in this Jazz Era stunner.

So what lessons can you learn from Gatsby?

  • Collaborate in Advance. Initially, Gatsby’s costume designer Catherine Martin had used Miu Miu and Prada looks for the film’s tests.  These pieces were so successful that Martin approached Miuccia Prada to actually participate in creating 40 Prada and Miu Miu looks for the film. Brooks Brothers supplied all of the men’s costumes and 600 background suits, while Tiffany & Co. provided the dazzling jewelry. The end result is gorgeous looks for the film, with built-in publicity for the brands involved.
  • Exhibit and Promote. Prada capitalized on the publicity surrounding Gatsby’s release by showcasing an exhibit at Prada’s SoHo store of the 40 head to toe looks used in the movie. Dubbed Catherine Martin and Miucca Prada Dress Gatsby, the exhibit is another clever way to draw attention to the film and fashion collaboration.

Ultimately, the idea is to engage the consumer with your brand in a variety of ways to increase visibility and brand awareness. With the recent creative branding and merchandising strategies in The Great Gatsby, we’re now one step closer to a fully integrated e-commerce experience, where consumers see what they like on the screen and can immediately purchase those items.

What can you do to give your target audience an on-demand shopping experience? 

 

INTA The Woods

Hi everyone.  I hope your April is off to a good start!

So, while you may be used to us giving you advice, tips and inspiration, today we are going to turn the tables and ask you for help and input.

The Fox Fashion Lawyers have decided to attend the annual meeting the International Trademark Association (INTA) in May 2013 and this year's conference is in Dallas, Texas.  (and yes, just so you are not confused, Fox Rothschild lawyers have attended, but it is a first us in the Fashion Law Practice group).

We were told that the conference can be overwhelming and there is lots to do and see.  That is why we thought we would pick your brain (for a change) and see if you had advice for us (see, this is fun.  You can be a fashion lawyer for a day -- yay!)

We know INTA will be a great (and fashionable!) experience but wanted to make sure we properly prepared, and didn't miss the perfect tree in crowded woods.

So, any tips, insight or keys to a successful conference are most welcome.  Please feel free to post in the comments or email us.

Thank you SO much in advance.....and

xoxo

Staci

(sorry, I couldn't resist.)

Reminder: MAGIC Panel invite - Tuesday, February 19, 2013

Well, we are packed up and headed to Vegas, along with so many of you. 

I hope you have some time to join me at the interactive Panel, "How To Expand Your Brand Through Licensing."  It will be held in the Las Vegas Convention Center on Tuesday, February 19 at 2:30pm, room S-229. 

My fellow panelists and I will discuss building your brand through the power of storytelling, the use of authenticity, and incorporation of social media, among other topics.  The seminar will be moderated by the fairy godmother of fashion, California Fashion Association executive director Ilse Metchek and the panel will include:

  • Rick Cytrynbaum, CEO,Modern Vintage/House of Harlow 1960
  • Chris DeMoulin, President, Licensing Advanstar
  • Monte Henige, CEO, Tru Fragrance
  • Todd Kaufman, Director of Brand Management, Beanstalk Inc.; and 
  • ME! Staci Riordan, Partner and Chair, Fashion Law Practice Group, Fox Rothschild LLP 

We hope to see you there!

xoxo

Staci

ps -- for all you Fashion Law enthusiasts, this is a perfect time to meet in person and ask your questions.

 

On the Road to Magic.....

I hope everyone had a great #Grammy week, and for those of you east coasters, you survived Nemo! 

I know we confused some of you with our #FRBranding tweets on Friday so let us explain.  Fox Rothschild held a private event in honor of Grammy week that started with a panel discussion titled, "Winning Strategies For Building an Empire of Brand Equity."  @Macala and I tweeted wisdom shared by:

 

 

Now, for those of you branding enthusiasts not involved in Grammy week, never fear!  WWDMagic/Project/ENK is next week, and we are holding a branding seminar just for you. 

Please come join me in the Las Vegas Convention Center on Tuesday, February 19 at 2:30pm, room S-229, where my fellow panelists and I will discuss building your brand through the power of storytelling, the use of authenticity, and incorporation of social media, among other topics.  The seminar will be moderated by the fairy godmother of fashion, California Fashion Association executive director Ilse Metchek and the panel will include:

  • Rick Cytrynbaum, CEO,Modern Vintage/House of Harlow 1960
  • Chris DeMoulin, President, Licensing Advanstar
  • Monte Henige, CEO, Tru Fragrance
  • Todd Kaufman, Director of Brand Management, Beanstalk Inc.; and 
  • ME! Staci Riordan, Partner and Chair, Fashion Law Practice Group, Fox Rothschild LLP

We hope to see you there!

xoxo

Staci

ps -- for all you Fashion Law enthusiasts, this is a perfect time to meet in person and ask your questions.

Lululemon and Calvin Klein's Settlement Over Yoga Pant Design Patent Stirs Interest In Oft Neglected Design Patent Protection For Clothing

Guest post by Tom Chan, Esq.

 

The entire fashion community is talking about Lululemon's recent design patent infringement suit against Calvin Klein, wherein Lululemon claimed Klein violating its rights in its iconic "cross-over waistband."

The recent settlement between Lululemon and Calvin Klein is stirring up renewed interest in design patent protection for apparel brands.

Contrary to common misconceptions, design patents should be an arrow  in every fashion designer's quivers because they are:

·  inexpensive to obtain, about $2,000-2,500, including fees and costs, around the cost of a trademark registration.

·  easy to get: almost 90% are allowed and around 80% do not even receive an office action,

·  often granted in 6-8 months, faster than trademark applications and comparable to copyright applications.

Oh, and the best part? Recently, we have successfully avoided the cost of technical drawings by using a digital picture instead.  

And there is more good news:  protecting your design patent in court posses less challenges than protecting other types of IP your brand may own.  For example:

·  unlike in a trademark  infringement case, a costly survey to show confusing similarity is not needed; and

·  unlike in a copyright infringement case, the designer does not have to prove access and the USPTO will not reject the application because it is an utilitarian article.

 

 Now, to give you the full picture, you need to know there are some disadvantages, which include: most garment employers/principals do not have the proper pre-employment agreement to vest the title of the fashion design patent in the employer/principle, since unlike the work for hire concept in copyright law, the employer only has a “shop right” in the design patent, which amounts to an implied nontransferable paid-up license from the creative employee; only registered patent lawyers can apply for design patents, even though a design course is not  a prerequisite for qualifying to be a registered patent lawyer, instead science/engineering lab courses are required; and styles change so quickly in fashion, so you need to have "staple" or iconic pieces in your collection.

 

Other brands besides Lululemon are successfully using design patents to protect their items.  For example, Nike aggressively protects its shoe designs using design patents and files many design patents.  This Nike's Design Patent No. D659,988 was issued after less than three-months.  

 

 

 

Yet, many fashion lawyers are not familiar with design patent law, giving design patent plaintiffs a leg up, and many fashion designers do not have an ongoing relationship with a patent litigator who the designer can call on to show up in federal court on 24 hour notice to defend a TRO.   

 

So don't be stuck in down-dog; instead try a sun salute, center your third eye and remember to consider design patent protection to keep your brand in top shape.

Reminder: Fashion Law Panel at UC Hasting School of Law

I know you all are busy, but here is quick reminder to you Northern California fashion law fans to join us tomorrow night at the University of Hastings, College of the Law which will host its inaugural Fashion Law event.

The details:

  • Time: 6:00 - 7:15pm
  • Location: Alumni Reception Center in Mary Kay Kane Hall, 200 Mc Allister Street, Hastings campus
  • Cost: Free
  • RSVP: Not required

Reception to follow

See you there!!

 

New Year, New Events: UC Hastings Fashion Law Panel

The new year is always a chance to start fresh.  Where it be with a new season of offerings for your latest tradeshows, for resolutions or for other personal goals.

In this very first month of 2013, I invite you to join me at a new event: the First Ever Northern California Fashion Law Panel at UC Hastings on January 17, 2103

 The panel, moderated by Fashion Lawyer Uduak Oduok, will provide an overview of the issues fashion lawyers face, discuss the interplay of fashion law and the business of fashion, and provide you with information on how to join this growing practice area.

 My fellow panelists include:

  • Brian Scheyer, Fashion Designer of leading San Fransisco based brand Gr. Dano
  • Mariessa Terrell, an attorney at SBC Law Group and former trademark attorney for the US Patent and Trademark Office.

The details:

  • Time: 6:00 - 7:15pm
  • Location: Alumni Reception Center in Mary Kay Kane Hall, 200 Mc Allister Street, Hastings campus
  • Cost: Free
  • RSVP: Not required

Reception to follow

See you there!!

 

And, yes, this will be on the same day as Loyola Law School launches its inaugural Fashion Law class.  Can't wait to fill you in!!!

xoxo

Staci

Fashion Law 101: What Fashion Brands must know about the Fiscal Cliff

With all the holiday fun and festivities (and ongoing 2013 tradeshow preparation), I doubt you want to read about fashion finance, but we would be remiss if we didn't heighten your awareness to the unresolved "Fiscal Cliff" situation in Washington. 

(if you are a creative type and your eyes glaze over at the mention of budgets, spreadsheet and statistics, skip to the last paragraph.  Everyone else, read on.)

Yesterday, our friends at Fashionista in a post entitled, "The Fiscal Cliff: What is it and What it Means for the Fashion Industry," gave a fashion friendly definition of what the fiscal cliff is:

Fiscal cliff, a term coined by Federal Reserve chairman Ben Bernanke, basically means that right now, we’re Wile E. Coyote chasing the Road Runner, and if the government doesn’t supply a safety net we might just fall into deep financial sh*t in 2013. We’re about to experience the biggest tax increase in history. And the budgets of a ton of government programs are about to be cut.

Now, before we talk about what happens if we fall off the cliff, here is an overview of where the we are today:

  • Reports show that 2012 holiday sales were the lowest since 2008, showing 0.7% growth when the National Retail Federation predicted at 4.1% growth; 
  • The Consumer Confidence index is at an all time low; and  
  • The Stock Market continues to drop in light of the uncertainty in Washington.

This means Retailers are stuck with excess inventory, will run sales to get rid of it, and may post-pone, decrease or cancel orders scheduled to arrive in January and February.

So what happens, in general, if we fall of the cliff?

  • Consumers will have less disposable income because income taxes will increase for most of us, and payroll taxes will increase, meaning you will be bring home less in each paycheck. 
  • Also, since certain tax credits and allowable deductions will be eliminated, and the Alternative Minimum Tax will apply to more people, your 2012 tax refund will likely be lower. 
  • Lastly, because the government will be scrambling to fix this mess in the first quarter, people who usually file their tax returns early won't be able to do so given all the uncertainty, which again means less disposal income available to consumers.

So, what will this mean for the Fashion Industry?

Given we are already seeing lower consumer spending, if we fall off the cliff, people will spend even less.  Which means retail orders will decrease, wholesale orders will decrease and the liquidity of fashion brands will suffer. 

And, if the government doesn't fix this soon, you'll see fashion brand closures, layoffs and down-sizing in the related service industries, especially in advertising and marketing.  Experts vary whether the results will be like those seen in 2008, or worse.

So, here's to hoping Congress can stop acting like pre-schoolers defending their favorite toys and get to work making sure our economy continues its slow, but steady recovery.

 

Fashion, Food, Football and Finance

Caught your attention, right?  What in the world does Fashion, Food, Football and Finance have in common?  And why are you reading about it on the Fashion Law Blog?

Well, all four industries are thriving, despite having very little intellectual property protection.  They are also covered in Professor Kal Raustiala and Professor Christopher Sprigman's new book, the Knockoff Economy (along with Magic and Comedy),

 

As you all know, there are those in the Fashion Industry claiming fashion designers need copyright protection, and you, faithful readers of this blog, know we are vehemently against such legislation, calling it the Destruction of Affordable Fashion Act.

In the Knockoff Economy, you will see studies that show in the past several years, high end fashion designers - those most vocally in favor of the new laws - have realized increased sales and increased profitability.  So, the authors argue, why change something that isn't broken? 

Oh, and let's compare fashion to the music industry for a sec.  The music industry has been given heightened intellectual property protection in recent years.  Now look where it is....facing the largest losses ever seen.

Is that the path fashion should take?  Nah.....Remember we innovate and set trends.

xoxo

Staci

ps -- the book would make a great holiday gift.  You can buy it here.

Reminder: FashInvest Capital Conference

I know it will be a busy weekend with Hanukkah starting and holiday shopping, parties and other events underway, but don't forget to make plans to attend FashInvest next week!

Being held at FIT on December 11, 2012 in New York City, the third annual FashInvest Capital Conference is not to be missed.  Whether you are looking for investors or wondering how to get funded one day, this is the event for you.  I mean, what fashion brand would want to be in a room packed with Venture Capital, Institutional, Corporate and Angel Investors???

You'll have a chance to mix and mingle with C-level executives, learn from successful Fashpreneurs and walk away with valuable information on how your brand can follow in their footsteps.

Register here.

Or Click here for more information.

ps -- you might just have the chance to swim with the sharks too!  ;)

 

Calling All "Fashpreneurs!!

So what are you doing December 11, 2012?  If you are East Coast based, I invite you to join the Fox Rothschild team and come to the 2012 FashInvest Capital Conference being held at FIT!

What's FashInvest you ask?

In its third year, FashInvest is a community where investors, venture capitalists, private equity investors, entrepreneurs and industry CEOs will gather to see emerging companies in fashion, branded goods, apparel, retail and related technologies showcase their brands in hopes of investment capital.

You'll have a chance to mix and mingle with C-level executives, learn from successful Fashpreneurs and walk away with valuable information on how your brand can follow in their footsteps.

Register here.

Or Click here for more information.

Happy Birthday to US! Fashion Law Blog Turns Three

I hope all you enjoyed your thanksgiving holiday.  It is my favorite holiday because it brings together all kinds of people, from all races and religions and gives us a moment to take a time out.....smell the coffee and reflect on all the wonderful things in our lives.  It is also a time for shopping, based on reports of this years Black Friday week.  And, as you may remember, it is a time for birthdays!

We turned three over the holiday weekend and once again, wanted to take a moment to thank you for your support, readership, ideas and feedback...for engaging in debate and challenging existing ideas, for your contributions and your friendship.

Last year, I thanked you for:

doing your your part in turning Fashion Law into a Movement.  I am still in awe of how far we have come. 

For example, this year, Reuters deemed Fashion Lawyers the trendiest fashion accessories, and Loyola Law School has launched its inaugural Fashion Law class, the first of its kind outside New York!

So what's up next? We have survived the terrible twos and are looking to spread our wings.....or in our case, continuing to spread the practice of fashion law across the country, and the world.

We hope you stay tuned and be part of history as together, we create this crazy thing (you know, the thing that "everyone" said we couldn't do, because it didn't exist) called Fashion Law.

xoxo

Staci

 

 

Fashion Law 101: Out of the Mouth of Babes - part 2

You know, everything happens for a reason. 

As I mentioned, I going to speak at Fashion Law Brazil 2012, which will be held in Rio on November 30, 2012.  Earlier this week, I was telling my kids about the trip.  My 7 year old said, Mommy, did you know the 2014 World Cup is being held there?  And I told him I did, and asked, how did he know?

He said his class learned the words and "signs" to "Wavin' Flag," the 2010 World Cup theme song.  He then proceeded to tell me that the song was about people struggling for freedom, and did I know that many people in the world don't have the rights we do?  or the money? or even running water?  But despite that, they still fight for truth and justice, and to make their dreams come true.  And sometimes, an event like a soccer game can give people the push they need to overcome or just come together.  So we need to be grateful for what we have and even when we have a bad day, we have to fight on.  And always be brave.

I just about fell over.  Then, he sang me the song and I teared up.  Pretty powerful stuff.

So, why are you reading this on the Fashion Law Blog?

Because, fashion is a tough business.  It is a constant struggle and you will always be fighting - to make it, to keep your place or to move forward.  There is always a new season, a new line, another show.  Despite the outward glamor and the glossy images we see in magazines, you all know that isn't what life inside the fashion world is like. 

But if you want it, never give up.  Your dreams are worth fighting for and be grateful you have the opportunity to chase them.  The strong will not only survive, but win. 

Do you have what it takes?

For inspiration, watch this great montage from the 2010 World Cup set to "Wavin' Flag" here:

 

Olé, Olé, Olé, Olé....BRAZIL!!!

When you think of Brazil, you probably think soccer (or football as they call it), and that Brazil is the host of FIFA's 2014 World Cup.  But, now you should think fashion too!

Did you know:

  • Brazil sold over 67 Billion dollars of fashion goods in 2011;
  • Brazil is the world's fifth largest producer of textiles (second largest producer of denim);
  • Brazil is the fourth largest producer of finished garments; or
  • Brazil's fashion industry employees 8 million employees, 75% of which are female?

YUP.

And, on November 30, 2012, Brazil will hold its second annual Fashion Law Conference and has invited me to participate!  How cool is that? 

So, for all you international readers out there (or adventurous US travelers!), I hope you will join us!!!

For more information click here.  Or check back soon.

To sign up, click here.

See below for a video from last year's event:

beija, beija!

Staci

Ready to Develop A Social Media Strategy For Your Brand?

Want to demystify the challenges of developing a social media strategy?  Want to learn how to use social media to:

  • grow your brand?
  • make connections?
  • start conversations?
  • build relationships?
  • become a thought leader?
  • increase your business?

Well then join me at the Practising Law Institute's ("PLI") May 2, 2012 Seminar on Using Social Media for Professional and Client Development 2012.  This day long workshop is good for lawyers, fashion lawyers, entrepreneurs, fashion industry executives and brand owners.

We will be live tweeting during the event using the hashtag #PLI12.  If you can't be there in person, you can purchase the webinar shortly after.

My seminar is at 1:45-2:45 and will specifically address how to use Twitter, Facebook, and other Social Media tools to grow your business and brand.

Register here.

Live Webcast here.

Buy DVD here.

Hope you can join us!

 

LA Textile Show: Brands are Blooming

Just like a great collection starts with great fabric, a great brand must start with a great item.  And if you know how to turn a great item into a brand, well then you have the secret sauce.

Want to learn how?

Come join me, Todd Kaufman from Beanstalk and Moshe  Tsbag of Velvet Heart as we have an interactive discussion moderated by Ilse Metchek of the CFA.  When?

  • Wednesday, March 28, 2012
  • 10:30-11:45 am
  • CMC Penthouse, Suite 9 (110 East 9th Street, Los Angeles, CA 90079)

You will walk away with strategies, tips and techniques on not only how to turn your product or company into a brand, but how to maximize revenues by unitizing TV/Film, video games and digital media to grow your brand.

Hope to see you there!  And not to sound like a broken record, but this is a another good in-person networking opportunity as well as a chance for all you aspiring fashion lawyers out there to learn more about practicing fashion law.

 

Louis Vuitton grills U Penn Law School for its Fashion Law Symposium

Where's the beef? In Philadelphia of all places!

We all know that Philly is famous for its cheese steak, but last week, Louis Vuitton apparently had a cow and decided to send a cease and desist letter to the University of Pennsylvania Law School's Penn Intellectual Property Group ("PIPG") trying to stop PIPG from using the following parody on its flier announcing its annual symposium:

The symposium will address current hot issues in fashion law, such as trademark use in fast fashion as well as a personal favorite, the Innovative Design Protection and Piracy Prohibition Act ("IDPPPA"), or the destruction of affordable fashion act, as I like to call it.

Given that I am not chopped liver - I am one of the speakers, and my firm is a sponsor - I will hold the tongue for now. 

Read LV's cease and desist letter here, and U Penn's response here so you can decide who is the big cheese.

All puns aside, I hope you'll join me and some of the top names in Fashion Law at U Penn on March 20, 2012 at 4:30 pm for fashion, fun and food.

Better get those buns moving and RSVP to pipgsymposium@gmail.com today!  Check out complete event information below.

 

Happy Birthday to US! Fashion Law Blog Turns Two

I hope everyone enjoyed their Thanksgiving.  As most of y'all know, it is my favorite holiday - a time to reflect on the things we are  #grateful for, a time to spend with family and friends, and a time to start planning and making goals for next year.....and a time to celebrate this blogs birthday!!

Yup, we turned two over the Thanksgiving break and I wanted to take a moment to say thank you to all you out there for your ideas, feedback and support....for disagreeing with me, for your contributions and your friendship.

Last year, I thank you for:

making "Fashion Law" a reality and not something laughed at

And I never thought this would happen so soon, but this year Fashion Law became a Movement!  I am still in awe that we made it happen.......I can only imagine what our future holds.

So thank you all for sharing your passion, love of the law, and commitment to all things fashionable.

And what's up next?  Well, you know what they say about the terrible twos, nah.  Just kidding.

We will be growing and maturing, only bound by the limits of our creativity and imagination.  Hope you'll stick around for the ride!

Christian Louboutin (rightfully) Loses Battle Against YSL

My esteemed Fashion Law Colleague, Susan Scafidi, and I were both featured on CBS's the Early Show commenting on U.S. District Judge Victor Marrero's denial of Christian Louboutin's request for a Preliminary Injunction to stop Yves Saint Laurent  from selling red shoes, claiming YSL's shoes infringe on Louboutin's trademarked red sole.

As seems to be our pattern, Susan and I are on opposite sides of the issue.  While not shown on the CBS [Video], Judge Marrero's decision was "Dead On Balls Accurate."

WHY? 

Stayed tuned to learn why Louboutin should be seeing red from his many blunders in this lawsuit.

photo credit: CBS's The Early Show

Fashion Law 101: How to Create a Movement

First, I have to start off apologizing.  This post was supposed to go up yesterday in honor of B.A.F.F.L.E.D's second anniversary.

When I first suggested to friends and colleagues that there is such a thing as "fashion law," they laughed.  Now, six years into being a practicing Fashion Lawyer (as a Fashion Litigator and doing Fashion transactions), I don't get any laughter when I tell people what I do.   Most ask:

 

 

How do I become  Fashion Lawyer too?

Once I started blogging (which has almost been for two years now, wow!), I learned that there are a group of us that are passionate about Fashion Law.  I have made so many connections online, using twitter, facebook and by reading and commenting on other blogs.

Now, not all of us fashion lawyers agree, take take similar positions or even call themselves fashion lawyers.  (no lawyer jokes, please)   But discourse and debate is what a democracy is all about. 

And if you take a step back and look at the big picture, you'll realize that Fashion Law has had enough early adopters to become a trend.  More than that, Fashion Law has tipped the scales and become a movement......or in fashion lingo, into a legacy brand!  Fashion Law even has an institute at Fordham Law School and its own state bar section in NY!

So here is a quick shout to those that helped make it happen:

And for all you fashion brands out there, what's the lesson?  Believe in yourself and what you are doing.  With commitment, utilization of social media and the Internet and passion, others will begin to believe.  And before you know it, you can go from a company to a legacy brand!

What movement do you want to create?

photo credit: The Blog of Jake Adams

Fashion Law 101: #TheJuggle

Like most of you active in Fashion, the first part of 2011 was extremely busy for me.  Even though I haven't been blogging as much, I am still active on twitter

I tweet using the hashtag #thejuggle often and received some super kind emails from you telling me those are your favorite tweets.  Thank you!

And some of you ask what exactly is #thejuggle

So I wanted to post an explanation:

In fashion, like in life, we are always working on multiple things at one time.  For example, you are shipping Spring, producing Back to School and are sourcing Holiday

Or for you fashion bloggers, you are listening to current stories, connecting with your followers and engaging them with your next post.

So, back in the day when I was running apparel production, that's how I would describe my professional life, as a constant juggle.

Now, as a working mom, especially one working in #biglaw and in fashion, #thejuggle has taken on a whole new meaning

As working women with children, we are constantly "juggling" our different roles: 

  • wife, mother, daughter;
  • Co-worker, manager, employee; 
  • Creative, technology savvy and bottom line oriented.

It is not easy.  Success takes intrinsic motivation, and a very supportive spouse

We need to survive judgment from bosses - both the guys who still don't get it or the generation of women who came before us and chose not to have kids (who all then wonder why women leave #biglaw or corporate life!) - other moms and even our families.

Balancing an overseas conference call and demanding clients with permission slips, soccer practice and ballet and dry cleaning or changing the car's oil, takes talent, a ton of time and energy and a sense of humor.  (remind me to tell you about the morning my children used blue ink to turn themselves into "avatars" at 6am before I had to go to Court.  yup. true story.)

Whether we like it or not, in United States' society today, women are still responsible for the majority of caretaking, even though we work just as much as our husbands or male colleagues. 

And the worse part is, we get paid 75-80% less on average than our male counterparts for doing more work - both in the office and at home.

And, even though this is written from a mom's point of view, I know many of you "fash-entrepreneur" out there are going through the exact same thing.  (Right JeffreyArlene?)  It may not be kids and billable hours, but running your own business requires multiple hats.

So I challenge all of you to pause for a moment and think about your own juggle and those of your friends and family.  If you list all the things you do, you will amaze yourself -- and I bet that it will motivate you to keep at that hard task or striving for that win.  Why? 

Because if you can do #thejuggle, I know you can succeed both in Fashion and in life.

xoxo

Staci

photo credit: The Day Care Dilemma- Part 1 of 5 (read Maggie Palmer's whole series, it's great!)

Happy Birthday to US! Fashion Law Blog Turns One

I hope everyone enjoyed Thanksgiving.  It is my favorite holiday of the year and I was grateful to be able to share it with my family and friends.  I even got a little "me time" in (which means extra time up in the air at Richie's rig [Video])

Like most of you, my day job of slaying dragons, curing fashion emergencies and #thejuggle has made my November crazy busy.  I know you must be exhausted getting all those goods into the stores by Thanksgiving!

But now that it's over, I wanted to take a moment and thank you for the past year.  Over Thanksgiving, the Fashion Law Blog turned one and it couldn't have made it with out you (all 60,000 of you! WOW!!).

Thank you for your support, comments, suggestions, criticism and for making me smile.  Thank you for your contributions, fixing my typos, guest posts, cheering me up when I was down, and for checking in, even when it took me forever to write back. 

Importantly, thank you for making "Fashion Law" a reality and not something laughed at.

I know you are busy, so I will let you go.  Just know, I truly appreciate your time and attention.

#grateful

Staci

 

Fashion Lawyer Seeks Next Intern!!!

Guest post by Cassidy Saitow

 

 

 

I’ve been Staci’s intern since April, while I was a student at FIDM.  I graduated last month and got a job (woohoo!), but that also means I can’t intern for Staci any more.  It also means Staci needs a new intern!

 

I want to explain just how awesome interning for Staci has been over these past few months.  Aside from being a super smart, hard-working rockstar of a fashion lawyer, Staci has somehow found time to become one of the most wonderful mentors I have been lucky enough to learn from.  Her knowledge of the fashion industry is a deep and solid as are her lawyer skills, and unlike some intern horror stories I heard from my classmates about getting coffee and filing papers, Staci actually gives you real stuff to do so you get amazing experience. 

 

Specifically, in all of my job interviews, I talked pretty much exclusively about everything I had worked on with Staci.  It was really cool to see the potential employers value the skills I developed interning with Staci.  Some of my personal highlights interning included shopping stores, writing blog entries, doing target market research, and getting to go to MAGIC for my first time ever.  Not like I need to talk it up any more, but I can tell you this is an intern experience unlike anything you’ve ever had!

 

Now the fine print:

-         You must be a student since it’s an internship for school credit;

-         You can’t be a law student;

-         You must like to do research on fashion issues, and know what’s going on in the social media world;

-    You have to be able to write;

-         You must be awesome!

 

So if you fit the criteria, please consider applying because interning for Staci is the best ever! 

 

To apply, send a resume and a guest blog post for this blog to foxfashionlaw@gmail.com.  Hope to meet you soon!

 

 

 

An Open Letter to The Fordham Fashion Law Institute

Dear Susan:

As a fellow fashion lawyer, I applaud what you are doing at Fordham University with the Fashion Law Institute, despite your unfortunate "pink and lavender" comments to New York Magazine, and agree that the fashion industry desperately needs fashion lawyers who have industry insight and knowledge.

I have to say, though, that the comments published in the press, touting Fordham as the legal arm of the Council of Fashion Designers of America (CFDA), have left me disturbed and disappointed. 

Law school is suppose to be an open forum -- a safe place to share ideas, debate concepts and teach tolerance of all sides of an issue.

While I understand that the CFDA and Diane Von Furstenburg were instrumental in helping the Fashion Law Institute open, it seems that the CFDA will be forever inter-twined in its future:

I just hope CFDA money and its political agenda of protecting high-end New York designers at the expense of small businesses, jobs and the financial well being of the rest of the country, does not color or taint the open discourse of ideas that a law school is suppose to be. 

As I know you know, Fashion is a $350 Billion dollar industry in the United States, and only a very small fraction of that out-put comes from NY.  As you launch this new, very important endeavor, please remember that as a pioneer in Fashion Law you will be watched and scrutinized. 

Please don't make this about politics and rhetoric, but instead use the platform you have been given to help the US fashion industry continue its incredible growth and dominance.

To proceed otherwise would be truly be a fashion disaster.

Sincerely,

Staci Riordan

Chair, Fashion Law Practice Group, Fox Rothschild LLP

Editor, Fashion Law Blog

Fashion Law 101: Counterfeits

What exactly is a counterfeit anyway? You have likely heard the term and if you have been to Canal Street, Sante Alley, High Street, the Silk Market or a Turkish bazaar, you don't need a fashion lawyer to tell you, as you have surely seen them.

A counterfeit product is one that is made without permission of the brand owner, that the seller is trying to pass of as an original product.  In fashion, the seller will generally incorporate a brand's logo or name, which is illegal.  By doing so, the seller violates trademark law as well as federal, anti-counterfeiting law.

Interestingly, in fashion, unlike many other industries, the purchasers of counterfeit products usually know that they are buying a fake.  Even more interesting is a recent study that  show that 46% of all people who buy counterfeits end up buying the real thing.

Finally, you must know that there is a distinction between counterfeits and knock-offs.  In fashion, clothing designs do not have any sort of legal protection.  Hence the prevalence of designers paying homage to, gathering inspiration from or copying the products of another.  The fashion industry refers to these imitations as "Knock-Offs."

photo credit: For The Love Of Lily

 

 

 

Ten Steps to Becoming A Successful Fashion Law Attorney

When I started the Fashion Law Blog, I never imagined having so many of you ask me for career advice that I would need to create a FAQ for aspiring Fashion Lawyers.

Don’t get me wrong, I love being invited to coffee across the United States (and I love caffeine) but I can’t counsel all of my clients, run FGI LA, write this blog and provide career advice to all of you without alienating my family. So, I offer the following 10 Steps to be like me, "when you grow up."  :)

1.  Law School 101

Study contracts, intellectual property, international trade (if you want to go global), securities (if you want to buy and sell companies) tax and employment.  If you are an attorney, take CLE in these areas and stay awake – the actual practice of Fashion Law is a marriage of lots of different skill sets so get up to speed on the areas of law your clients will question you upon.

2.  Learn Accounting and Basic Financial Models

OK, this one hurts, but math matters. Your clients can only pay your bills when they are making money, which means they shipped goods and gotten paid for them (usually by using a Factor).  You have to be good at math and understand Fashion math (ie profit margins, chargebacks, dilution and the difference between gross and net), to provide practical advice to Fashion companies.

3.  Learn the Business of Fashion, Not the Fashion Business

I was raised in the fashion business, so this one was easy for me to understand; it was in my DNA.  The business of fashion means what goes on behind the scenes, and not in the tents or what you see on the cover of magazines.  You must learn about each step in the process, from idea generation to the sale of a global brand, and be prepared to counsel your clients about the speed bumps they may encounter along the way. 

4.  Manufacturing and Supply Chains Drive Revenue

The best design ever won’t hit a shelf if it can’t get made at the right price, right quality and just in time to be delivered to the boutique.  Understand how garments are put together, and the supply chain that get them made and delivered, so you can deliver the goods to your clients. So much time, money and do-over’s occur in this process because new clients do not understand what is involved in bringing their designs to market. Solve problems proactively with your knowledge.

5.  Left Brain, Right Brain

Lawyers = Left Brain

Designers = Right Brain

Bridge the gap!

6.  Write clearly – Speak even more clearly

This is SO important.  Don’t write and speak like an attorney, unless you are dealing with another lawyer.  Your clients cannot take your advice, unless they understand the words coming out of your mouth or on the papers you give them (otherwise, you will be like the teracher on Charlie Brown). The art of communication is taking complicated ideas and presenting them to your audience in an understandable manner.

7.  Be the Billboard

If you dress like a slob, are you marketable?  How do you expect to get a job, land a client or succeed in the fashion world, where appearances and first impression matter, if you look like an out-of date, thrift store reject, a "Glamour don't" or a stuffed shirt?  You are your own marketing, business development and advertising agency all day, every day.  Your appearance matters and I have to tell you, dressing the part is one of the best parts of being a Fashion Lawyer.

8.  Create Value – Personally and Professionally

I characterize my approach with clients as a ‘counselor’ not merely an attorney. The difference between the two approaches is simple: I try to add value in every representation, by doing much more than documenting deals.

My clients and I work out best case / worse case scenarios, deal with the reality of executing in the marketplace and plan for the financial implications of any transaction. I also encourage my clients to call me with any questions - at no charge; proactive counseling saves clients money, and headaches, in the long run.


9.  Intern, Volunteer, Get Involved – Doing Nothing is NOT an Option

If you want to be a fashion law attorney, you must get into action. Offer to intern or volunteer in the industry, with persons or companies that one-day may be your clients. The more you learn about the business now, the better you can serve clients in the future.

Network, network network. Ask lots of questions. Do not be afraid of putting yourself out there. Sitting on the sidelines makes you an observer, not a player. Get in the game.

10.  Stay Creative

Your clients are creative; demonstrate your creativity by thinking out of the box. Creativity is a conscious act that requires time and effort.  Write, run, meditate, take long showers -- whatever stirs your creativity up so you can provide advice that is both legally solid and innovative when appropriate.  Fashion is an ever-evolving industry; don’t get stuck in ruts or old school mentality.  Don't forget to read (and watch) what your clients are so you can spot issues and recognized trends.
 

So on that note, I encourage each of you to follow your dreams.  Remember, though, the fashion business is tough, and fashion law is probably harder than any other type of law, because the field is so new.  This is especially at true in Big Law where you have large (and strict) billable requirements. 

But, nothing is impossible if you set your mind to it; and if it doesn't exist, create it.  Don't forget, people used to laugh at me when I introduced myself as a Fashion Lawyer.

Good luck!

Staci

ps -  please understand that I cannot respond to each of you individually.  I do try, so don't stop writing, but I cannot always handle the volume of inquires, informational interview requests, and invitations for lunch or coffee.  Also, if you think I overlooked something on the above list, please email me or comment so I can update it.

 

How did I Become a Fashion Lawyer? Free To Be . . . You And Me

I am a member of the "Free to be You and Me" generation, meaning I was in preschool when the record was released.  I even saw it performed, but cannot remember how because we didn't have VHS, DVDs or even Betas yet.

For those of you unfamiliar with Free to Be You and Me, it was a revolutionary album (and later book and after-school special) featuring songs and stories from celebrities that embraced values such as individuality, tolerance, and happiness with one's identity.  (to learn more, click here)

I recall that its major message was that anyone one, whether a boy or a girl, could achieve anything they wanted.  (which in the 70's was still a fairly new concept)

Recently, I shared it with my preschoolers and they love it, especially this song.  Surprisingly, I still remember the words to the songs and after reflecting, I think it had a profound impact on my life. 

I am asked all the time how I decided to become a fashion lawyer.  Well, I was raised thinking that I could do anything I wanted to and if it didn't exist, I could create it.

Did Free to Be You and Me have any effect on your life?  What about any other work of art?  Do you think it possible that a movie, book or album can change the way we view the world?

I look forward to your comments and emails.  Thank you for listening. 

photo credit: Free To Be...You And Me

p.s. teenage Michael Jackson is in the video for  "When We Grow Up."  Check out the video on You Tube here.