Fashion Law : Fashion Lawyer & Attorney : Fox Rothschild Law Firm : Licensing, Intellectual Property

Strong.  Bold.  Connected.

Those are three adjectives MTV's 2010 VMA nominee's have in common.

• Lady Gaga received 13 Nominations -- the most ever by a single artist in one year;
• Emimen received 8; and
• Ke$ha received 3.

Videos are ways for artist to express themselves visually and to connect with their fans.  Remember, videos changed the way we engaged with music.  Sorta like way social media has changed fashion -- the traditional gatekeepers are gone, brands can make a direct connection with their customers and style is being developed and purchased in real time.

If your fashion company was recording artist, would it be nominated for a VMA?

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How much time does your Fashion Company devote to giving better customer service compared to getting new customers? 

Most companies I see spend most of their time trying to sell, or "get into" the next big retailer, instead of providing their bread and butter customers better service.  Most think, what for?  They already carry my designs.

Here are three reasons why this way of thinking is wrong:

First, happy customers talk, tweet and post about you and your brand.  Think of the goodwill you would build, and the money you could save on PR and marketing, if you "wowed" your customers on a regular basis.  Social media makes sharing experiences with friends and followers easy and commonplace.

Second, never forget the early adapters.  The stores that took a chance on you deserve your loyalty and support.  The best source of more business is from companies you already work with because they know and trust you.

Third, and finally, your customers are the best source of product development and research for future products.  Talk to your stores.  Find out what they like best about your items, what sells first and what you could do better.  This conversation will not only help you hone your future product offering, but it will you allow you to engage with your customers in a non-pushy way that shows you care about them and their business.  It also gives them a vested interested in the new products they "helped" create, similar to crowdsourcing.

How do you "Wow" your customers?  Or have you been "Wow" by a retailer lately?  I would love to hear your thoughts in the comments or via email.

photo credit: TMO News

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Last month, after sharing some of the concepts from Daniel Pink's book, Drive, you were challenged to think outside the box and come up with ways to support and encourage intrinsic motivation in your team.

Have you taken steps to change the way you motivate your team? What can you do to convert working for you from a job into a passion?

Not started yet or still trying to figure out how -- or even why you should try?

Check out this animated video from Daniel Pink:

In sum, you are the leader of your organization.  What motivates you?  Does your leadership style need adjustment so that you inspire and motivate your team?

And don't forget, your leadership style directly effects how your team treats your customers, which will (hopefully) lead to sales and to customer retention (and fans and followers!)

I would love to hear what has worked for you.....and what hasn't, in the comments.

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I found a great new blog last week for apparel manufacturing companies, Fashion Incubator. 

The Editor, Kathleen Fasanella, contacted me after I posted about the apparent revival of the Design Piracy Prohibition Act ("DPPA").  Not only do we have similar views on DPPA, but Kathleen is a 27-year apparel industry veteran, author of The Entrepreneur’s Guide to Sewn Product Manufacturing (required reading if you are launching an apparel manufacturing business) and a really nice person to boot.  You should add Fashion Incubator to your RSS feed if you are a designer or manufacturer of apparel or sewn products.  Spend some time reading the archives --there is a ton of great articles, focused on helping you run your business better.

21 Mistakes Fashion Designers Can Make is by Sally Beers, a pattern-maker for over 30 years, and is re-posted with Kathleen's permission:

Product Development

1. Not narrowing your focus. It’s best to specialize. Decide on one type of garment to sell and limit the number of styles, colors and sizes whenever possible. I know that was my biggest mistake. Forego that vision of competing with Jean Paul Gaultier or Zara.
2. Not understanding the time it takes to develop a new product. If you are planning to launch in Feb 2011 give yourself 2 yrs. If it happens before then, great, but when manufacturing is involved, you need to build relationships with your suppliers and contractors. You will need many moons to prove yourself to them and them to you.
3. Trying to take on difficult markets like labor intensive lingerie. Bras and shape wear can be very hard to produce. With very few factories in this country a designer is looking at large quantities and faraway factories.
4. Not looking closely at the current market.
5. Not establishing good fit from the very beginning.

Sales

1. When you are ready to sell, don’t make the mistake of failing to diversify your sales. Look for many stores in good standing as opposed to a few hot spots.
2. Not learning about marketing your product. Find a good marketer or sales rep and explain your product and sales vision then listen and decide. Diane Von Furstenberg represented her line successfully in the beginning. Anna Sui did very well for years with a sales rep until she went out on her own. Know your marketing capabilities or find an expert.

Management

1. Not understanding how much money it takes to develop a new product. Normally at the start you won’t be ready to meet fabric and factory minimums which means you will be working with lower minimums to test your market and gain market share. It can take years to pay off your investment. I had a client who purportedly made a lot of money from a automotive software biz and decided to take the plunge and produce swimwear. He opted to produce 10K suits right out of the gate (against my advice) and after one year, he’d only sold 27 suits. No doubt he will have to dump them since they were fashion not commodity apparel.
2. Not delegating. After you have gained as many skills as possible you must know how to delegate. Find the very best people to work with, let go and allow the experts on your team work to their potential
3. Not writing a business plan. You need to do it and update is as you go.
4. Not being open to making strong partnerships.

Personal Development

1. Not learning the hands on skills of draping or pattern making enough to trust others with those tasks. It’s extremely helpful if you can do the initial draping and/or pattern making yourself so that the design reflects your vision. Learn from Isabel Toledo.
2. Not developing your skills. Learn from the market place and improve it.
3. Not having mentors. Don’t get so attached to the product that you can’t improve it or get advice from professionals.
4. Not being cordial and not being able to compliment a job well done by your suppliers.
5. Not thinking out of the box.
6. Not setting up a space where you can be creative and try to make the 1st samples.
7. Not Networking.
8. Not considering ideas from others .
9. Not laughing. Losing your sense of humor can be disastrous.
10. Not imagining your success. Stay fresh in your ideas and be determined to be successful. You can do it.

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Hi Everyone!  I hope you had a fabolous weekend and the time change isn't messign with you too much.

Have you finalized you plans for this weeK?  If not, here is a quick reminder of some events you should attend:

The Los Angeles International Textile  Show (also know as L.A. Textile 2010) starts today at the California Market Center ("CMC").

I am speaking at the following two seminars:

On March 16, 2010 from 3:30–4:30 p.m.  I will present “Legal Strategies for a Profitable Fashion Business” in CMC, suite C786; and
 

On March 17, 2010 from 1–2:15 p.m., I will be part of the panel “How to Plan, Merchandise & Sell Your Products in a Slow Economy,” along with Dana Fried, Ken Wengrod, Sheila Hill and Bobby Hines, and moderated by Frances Harder of  Fashion Business Incorporated in CMC 13th-floor penthouse, suite 19.

This Wednesday night, MARCH 17, 2010, at the STANDARD, Downtown LA, Fashion Group International of Los Angeles (FGILA) is hosting a Red Carpet Cocktail Event, saluting over 50 of LA's top fashion designers as they walk the red carpet with their celebrity/model muse.

The designers are being tight lipped about their escorts, but we already know that Natalie Cole and Jane Seymour are among the galaxy of stars walking arm-in-arm with their designer. With more than 50 designers under one roof... history will be made.

We are honored to welcome FGILA's most esteemed supporter, the legendary "godfather of LA fashion", Mr. James Galanos.

Australia's own, Katie Cole performing live at 8pm and DJ Ben Adams aka DJ Jag will spin a cool fashion beat throughout the evening.

For Tickets, RSVP here.

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If you are in Los Angeles and plan on sourcing fabrics or trims next week at the Los Angeles International Textile  Show (also know as L.A. Textile 2010) at the California Market Center ("CMC"), I will there too!

I am honored to be speaking at the following two seminars:

• On March 16, 2010 from 3:30–4:30 p.m.  I will present “Legal Strategies for a Profitable Fashion Business” in CMC, suite C786; and
   
• On March 17, 2010 from 1–2:15 p.m., I will be part of the panel “How to Plan, Merchandise & Sell Your Products in a Slow Economy,” along with Dana Fried, Ken Wengrod, Sheila Hill and Bobby Hines, and moderated by Frances Harder of  Fashion Business Incorporated in CMC 13th-floor penthouse, suite 19

Please come by and say hello.  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.

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Are you going to MAGIC or Project?  Me too, and I would love to meet you. 

 Also, I am honored to be speaking on February 16, 2009 at 11 am at the Las Vegas Convention Center, room N256.  The panel, entitled, "No Risks Equals No Sales: How to Plan, Merchandise and Brand your Business in a Global Market," will discuss how to develop and grow your Fashion business in today's challenging climate.  Moderated by Frances Harder, President and Founder of Fashion Business Incorporated, the panel includes:

• Dana Fried, Founder and Managing Partner of Delphic Consulting Group (and formerly COO/CFO of Taryn Rose);
• David Perry, Owner of The DSP Group;
• Ernesto Mantilla, Co-Owner, Betty Bottom Showroom;
• Rob Greenspan, Greenspan Consult, Inc. (formerly Managing Partner of Moss Adams, Los Angeles); and
• ME, Staci Riordan!

Please come by and introduce yourself.  Not only should it be fun and educational, but a good in-person networking opportunity as well.

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You have heard me say it before: I think Lady Gaga is amazing.  Most people I know do too -- from the trainers who use her music in their classes, to the salesreps who use her as inspiration during market week, even to the tech geeks at the Computer Electronics Show.  I predict she will have the same impact on fashion, film and music as Madonna did in the eighties. 

Last week, the WSJ chimed in on Lady Gaga's brilliance.  In his article "The Lessons of Gaga," John Jurgensen writes:

With a digital dominance, business savvy, a niche-busting sound and 1,001 wardrobe changes, [Lady Gaga] is a new model for success.

I couldn't agree more.  Lady Gaga harnessed the power of social media including YouTube, MySpace and iTunes, to build a solid and loyal fan base.  Her attention-graping outfits, including those worn to meet the Queen of England and on Oprah, have raised her national profile.  Now she has deals with major companies like Polaroid and MAC.

In sum fashion designers:  while the clothing you produce is the foundation of your success, in today's world you need to incorporate social media, multimedia and a little bit of outrageousness to make your customers go "Gaga" over your brand.

photo credit: mtv.com

ps -- it case you missed it last night, Lady Gaga opened the Grammys [YouTube clip], which included an amazing duet with Sir Elton John and took home two awards).

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Did you know that Zappos sells anywhere between 6-30% more merchandise, depending on the item, when accompanied by product description videos? Or that Asos, a UK online retailer saw its sales increase 104% when it added runway videos each item offered for sale?

In a recent blog post, Yuli Ziv offers 9 ways to use video content to drive fashion sales.  The post is excellent and incorporating video is something I strongly urge you to consider in formulating your 2010 strategic plan.  It is inexpensive, can be very quick to complete and offers you a new and different way of interacting directly with your customers.  This is especially true for manufacturers, who usually have to go through retailers to connect with purchasers of their brand.

Some things to think about before shooting a video for you website: 

• Make sure the video is a work for hire and owned by the company;
• have your talent sign releases so you own the right to their images;
• if you shoot items made by others be sure you get the proper clearances first; and 
• Do not put other people's trademarks in your video.  (right, Irina?) 

Have fun and be creative.  If Gary Vaynerchuk of Wine Library TV can sell 50 million dollars worth of wine using video, just think what you can do with fashion!

p.s. If you are already using video and it is working (or even if you are having problems), I would like to hear from you.

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