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

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.

• Print
• Comments
• Trackbacks
• Share Link

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:

• Alex and Ani CEO, Giovanni Feroce (@giovanniferoce);
• Common CEO, Dan Burrier (@Dburrier);
• Amusement Park Entertainment CEO, Jimmy Smith (@TweetsFromAP);
• Blair Underwood (@BlairUnderwood);
• Christy Haubegger, Head of CAA Branding and Lifestyle Division; and
• Darrell Miller, Fox's Entertainment Department Chair.

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.

• Print
• Comments
• Trackbacks
• Share Link

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.

• Print
• Comments
• Trackbacks
• Share Link

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.

• Print
• Comments
• Trackbacks
• Share Link

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.

• Print
• Comments
• Trackbacks
• Share Link

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

• Print
• Comments
• Trackbacks
• Share Link

Hi everyone!  I hope you are enjoying the last few weeks of summer (and those of you in LA, are trying to enjoy the heat!)

Just checking in to see if you have finalized your plans for WWD Magic/Project/ENK in Las Vegas next week? 

If not, here is a quick reminder of some things to add to your to do list:

• Set your goals;
• Make a plan; and
• Attend some seminars!

In case you forgot:

• Ellie is speaking on August 19, 2012 at 11 am on "Fashion Retailing in the USA," which will be in Suite Surf AM in Mandalay Bay.  Contact the California Fashion Association ("CFA") for more information; and
• I am speaking on August 21, 2012 at 2:30pm at "BRAND EXPANSION THROUGH LICENSING - THE SECRETS OF SUCCESS," which will be in LVCC, Room S230.

Please come join us!  We would love to meet you in person.

And you never know who just might be swimming around......  Click here for more info.

;)

• Print
• Comments
• Trackbacks
• Share Link

I can't believe it! WWD Magic/Project/ENK is about two weeks away.  I hope everyone is getting ready. 

For those of you who happened to stumble upon this blog, or still are under the mistaken belief that New York is the Fashion capital of the United States, MAGIC, and its related shows, are the largest Fashion Industry tradeshows in the United States.  More business is done over a few days than during all the international "fashion weeks" combined. 

Did you know that MAGIC has an average of nearly $200 million in per-day order volume?  Or that 85% of the top 50 retailers attend to see the wares of over 5,000 brands that hail from more than 80 countries?

I know.  And the tens of thousands of other attendees know.  So if you aren't starting to plan for the show, and you want to be in the business of fashion, you better better started quick!   How? 

Click here for our top ten tips for having a great show experience. And, I will share some of my favorite Magic survival secrets in the next week or so.

Don't let "silent fear" grip you....you don't have to "always be alone."

• Print
• Comments
• Trackbacks
• Share Link

Happy August everyone.  Since August equals back to school for all us garmentos, I thought it an appropriate time to get school related advice. 

I am in discussions with a top Southern California Law School to teach a Fashion Law class, and if it goes well, to help design a Fashion Tract as a subset of its Entertainment program.

For the first "proof of concept" class, as my fashpreneur like to call it, I am debating how to structure the class and would love your input.  Should Fashion Law 101 be:

• A survey class that touches on all things you need to know as a fashion lawyer.  In other words we would cover a wide range of topics, but each topic wouldn't be in-depth; or
• A class that follows the typical life-span of a fashion brand, that provides hands-on training on how to perform the day to day duties of a fashion lawyer.

My hunch is the first time I teach, it would have to be a bit of both, but in the future, I see the above as Fashion Law 101 and Fashion Law 102.  What do you think?

Also, in either class, what would you want to learn?  If you are a law student, what topics would you want to cover?  If you are a practicing lawyer looking to transition from your area of practice to Fashion Law, what do you wish you learned in school?  If you are a fashion brand, how should your lawyers be trained to better meet you needs?

Looking forward to all your feedback! 

(And keep your fingers crossed)

• Print
• Comments (3)
• Trackbacks
• Share Link

Summer is in full swing.  Fashion Brands are working hard on getting their back-to-school goods out, and at the same time are busy getting ready for the next round of tradeshows. 

Times like this cause companies to crave extra help, and with the state of economy, have many people begging to intern or work for just the experience.  You probably know a company or two that has interns or might have been an intern yourself when you were starting off.  We all know that interns are commonly used in the fashion industry, especially in New York around Fashion Week.  And we all saw "The Devil Wears Prada," right?

But, before you dive into that pool, beware!    California has very strict rules governing interns and there has been a flurry of lawsuit in New York by interns seeking unpaid wages.

As my colleague Nancy Yaffe states on Fox's California Employment Law Blog:

While counter-intuitive, interns aren’t supposed to really be helpful to your business; rather they are supposed to learn from you.  As the Department of Labor puts it, an employer is not supposed to derive any immediate advantage from the intern, and they can’t displace your regular employees. Also, while California’s DLSE still suggests that an intern be part of some accredited school program, that one fact alone is certainly not sufficient to qualify someone for intern status.

So what do you do?  If the true purpose of your prospective intern is not that of an apprentice who will learn and be mentored by you, but someone to do all those dreg tasks, the best course of action is to pay your interns at least minimum wage. 

Remember, just because everyone else is doing it, doesn't mean you should!  (After all, who can forget that Ugg boots were actually in style!)

• Print
• Comments
• Trackbacks
• Share Link

We are very excited to announce that both Ellie and I will be speaking at MAGIC next month.  Now, if you have never been and are thinking of launching a line, you definitely need to go - both to better understand the business of fashion and to get a feel for your competition.

Personally, I always attend several seminars and highly suggest you do to.  You are there anyway, and regardless of whether you are a seasoned pro, owner of a hot brand or a rising star, there is always something you can learn.  And the best part?

The seminars are free with admission.  As Jessica Simpson said on Fashion Star, "I love a two-for." And, in this case, you should too.

So, if you will be in Las Vegas, please stop by and introduce yourselves.

Ellie will be speaking to the Brazilian Delegate on Fashion Retailing in the United States on Sunday, August 19th at 11am; and I will be speaking in the LVCC about Brand Expansion Through Licensing on Tuesday August 21 at 2:30 pm.

Check back soon for more details or check out MAGIC's website here.

ps - Don't forget, it's time to get start on those MAGIC goals!!

• Print
• Comments
• Trackbacks
• Share Link

Hey everyone.  If you have been following me on twitter or a reader of this blog, you'll know that in 2011 we took a look at Brand Collaborations and predicted that you would see an increase in these joint ventures.

Well, that prediction has (and will continue) to come true.  WHY?  Because a smart brand collaboration is a why to extend your brands reach to a new audience and create more raving fans.

So, take a moment and back away from your last minute holiday shipping and take a look at this video from the Today Show featuring this years hottest brand collaboration - Versace for H&M.

 Happy Watching!

Visit msnbc.com for breaking news, world news, and news about the economy

 ps - in full disclosure, Fox works with H&M but did not work on the Versace for H&M deal, although I wish I did!

• Print
• Comments
• Trackbacks
• Share Link

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

• Print
• Comments (1)
• Trackbacks
• Share Link

So how do you build a brand?  ahhh.  That's a million dollar question that many professionals get paid lots of money to answer.

Answering the question - what is brand building  is an easier place to start.

Building a brand is expanding your company from the products that made it fabulous and successful.  You engage your loyal customers and appeal to your target market and translate the quality and integrity you are know for into other products.

Sounds simple right?  Not so much.

But, you are lucky.  Stick with me this week as I provide insight and coverage from the 2011 Licensing Expo, sharing tips and techniques to help you grow your company into a brand.

viva licensing!!  #LV11

• Print
• Comments
• Trackbacks
• Share Link

You have heard the terms brand building and lifestyle brands on this Blog.  You may be asking yourself, what exactly is Staci talking about and why should my Fashion Company care? 

Let's discuss one at a time.

A lifestyle brand is one that permeates into all aspects of a person's life.  A lifestyle brand expands from one category of items, like clothes, and manages to become important in all aspects of your target customer's life. 

In other words, you can find a products from a lifestyle brand in all rooms of your house or its products enjoyed by a wide cross section of the public.

Fashion examples include Tommy Bahama, Tommy Hilfiger, Martha Stuart, Donna Karan, just to name a few.  Celebrity examples include Jessica Simpson, Kim Kardashian, & Sean Combs.  Harley Davidson and Nike are others.

Sounds good right? 

So how do you turn your Fashion Company from a one hit wonder into an orchestra?  Check back tomorrow, when I'll address brand building.

• Print
• Comments (1)
• Trackbacks
• Share Link

With the wacky LA weather these days (and lots of people traveling in and out of snow storms back east), many of you been getting sick.  With this being such a busy time of year for fashion, and with NYFW and MAGIC/Project approaching, you need access to energy and creative power.

Let me ask you this:  Do you try to work out while your sick?

Some people think they will sweat it out, or it will get through there system faster.

The truth is you deplete your system further -- your body now has to repair your muscles AND fight your virus.

Battling two fronts at once is not recommended and will just cause your illness to last longer.  So don’t try to be a hero, your body wants you to kick back sometimes. Take a day or two off the gym, and believe me, your body will thank you.....and you will get back to getting your samples together faster.

Now, be well and I will see you in Vegas!

• Print
• Comments
• Trackbacks
• Share Link

Did you know that GEN Y represents 71 million 12-to-30-year-olds who spend well over $200 million annually?  Gen Y is considered invulnerable to print, television, radio or any other of the traditional media.  To most, GEN Y is a cultural and marketing enigma.

But not to you.  WHY? 

Because you have the opportunity to attend Fashion Group International of Los Angeles, Inc.'s (FGI LA) November 18, 2010 event, at the J Lounge from 6 pm to 9 pm where Jennifer Egan will moderate a panel discussing the characteristics of Gen Y, how Gen Y interprets "trends" and importantly, what you can do to capture this consumer’s attention.

Panelists include:

• Annika Hylmo, Principal, Insight Generation
• Rikk Galvan, Chief Brand Marketer, ShareYourself Media Inc.
• Michael Murphy, CEO, Brand IQ, LLC
• Joy Pena, Generational Marketing, Disney
 

AND, as an added bonus, we will be showing FGI LA's famous trend report, summarizing the most important 2011 Spring/Summer runway trends.  Pretty cool, right?

So please come have a glass of wine, network among leading fashion industry executives and join the discussion on how the "millennials" are shaking up the way we do business today.

Click Here to RSVP with Event Brite.

If you have other plans, now's the time to cancel.  See you there!!

• Print
• Comments
• Trackbacks
• Share Link

I know this week is crazy for most of you -- finishing samples, finishing back to school distribution and getting ready to head off to your next rounds of trade shows.  In fashion, you always try to pre-plan, but when making your plans, just know there will be some last minute emergency.  While stressful at the time, you have to learn to love the process -- that's what makes this business fun. 

Sounds crazy?  Not really if you think about all the time we spend at work and dedicated to our jobs.  Remember, life is all of the moments that we are here on this planet -- not just weekends (or when we are not at work.)  If you are not passionate about what you do (and don't look forward to Mondays ) fashion may not be the right industry for you.  As we have discussed previously, to succeed in this business, you need determination, grit, belief in your moral compass, ear-plugs to drown out the jerks and naysayers and stamina.

Ok, enough preaching from me today.  Hope are a little bit inspired and ready to tackle the hard, but rewarding work in front of you.

photo credit:  alt text

ps -- If you will be showing in Vegas, let me know.  I would love to stop by and meet you!

• Print
• Comments (1)
• Trackbacks
• Share Link

Guest post by: Cassidy Saitow*

 

Last night I was watching an interview with Tony Hsieh, the CEO of Zappos.com.  He was talking about Zappos' customer service.  He shared a story:

One night a bunch of Zappos execs wanted to order a late night pizza after a conference ended.  They were with a Sketchers rep, (Sketchers is one of Zappos' brands), and the Sketchers rep jokingly said "why don't you call Zappos Customer Service?"  The Zappos people decided why not, so they called the customer service line in Vegas.  The girl who picked up the call asked where they were, and in about 5 minutes had a list of 5 pizza places that were still open at that hour of the night that were in their delivery zone. 

The story was meant to be, and is, entertaining (and Tony Hsieh requested that you please not call Zappos for non-shoe and apparel related questions) but it illustrates just how amazing your fashion company's customer service policy can be, if you make it that way.

 

 *Cassidy is currently a FIDM student and interning with me here at Fox Rothschild as part of her course work.  She is also the author of FIDM'S Merchandise Product Development Blog

• Print
• Comments
• Trackbacks
• Share Link

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

• Print
• Comments
• Trackbacks
• Share Link

As promised, here are some video clips from last Thursday's FGILA's panel, Social Media Secrets: How to Cultivate and Grow Your Brand Online"

Some are a little long -- still learning how to edit and work with video in general.

Here is Crosby, Editor of PR Couture answering Ron's question about what's the first step for getting your apparel brand involved in social media:

Here is Macala of FashionablyMarketing.Me talking about how to engage the "right audience" for your brand to connect with them so that you will become virual and see ROI:

Now here is Jennine Jacob of Independent Fashion Bloggers and Editor of The Coveted talking about how to get a blogger interested and engaged with your brand:

Length: 01:51

And here is me talking about why social media is a game changer for the apparel business:

 http://bit.ly/cfkzJl 

For more videos, click here.  Thank you again for all of you who joined us, read the recap and have connected with all of us as a result of this panel.

In sum the purpose of social media for fashion is:

• Print
• Comments
• Trackbacks
• Share Link

Guest post by: Cassidy Saitow*

You’ve probably heard that the TSA is using body scanners at some airports and the resulting controversy over privacy rights.   But as it turns out, they’re not all bad -- they may help you find the perfect fitting clothes!

As reported in last week's WSJ, Brooks Brothers has one on Madison Avenue as does Victoria's Secret in SoHo.  I bet most of you don't know that the first full body scanner was installed in a San Francisco Levi Strauss store in 1999 to help its customers find perfect fitting jeans.

Even the Coast Guard is using them to quickly get proper fitting uniforms for new recruits.

I wonder, though, if a scanner will take the fun out of shopping if you know exactly where to look for your perfect fitting clothes.  Do people really just want to be able to buy the first thing they try on?

For me it’s all about the hunt!  How about you?
 

photo credit: BBC News

*Cassidy is currently a FIDM student and interning with me here at Fox Rothschild as part of her course work.  She is also the author of FIDM'S Merchandise Product Development Blog

• Print
• Comments (1)
• Trackbacks
• Share Link

Guest post by: Jacqueline Lechtholz-Zey*

If you’re reading this entry right now, chances are high that some sort of social networking tool pointed you in this direction.  And that beautifully illustrates the point of Thursday’s FGILA panel, “Social Media Secrets: How to Cultivate and Grow Your Brand Online."

We had great panelists and learned so much. We all had a lot of fun, too!

First of all, ignore the misconception that socializing on the internet is a way to escape in-person interaction. Jennine joked that “if you don’t like being around people, then maybe social media is not for you.”  Her delivery was hilarious but the point is real!

As Crosby explained, the point of all these tools is to engage with your consumers, and ultimately to nurture and expand relationships offline.  If you have a Twitter, a Facebook, or any other tool, use it to drive traffic to you and your product or service.  The object of the game is not to collect as many followers as possible, but rather, to attract actual clients. Staci described a bunch of arrows that ultimately point to you and your website, much like the graphic below:

But you don’t need to sign up for every service under the sun! Instead, Macala recommends picking one or just a few to focus on. Use your tools to bring a friendly face to your brand and give your customers incentive to follow you.

Observe the companies or bloggers who you find yourself drawn to. Go through their archived content, check out their recommendations, look through user comments, and start paralleling what you like.  Tell your story and use pictures to promote your brand’s concept. 

Create contests, provide special coupons, and engage your customers. You might be surprised that clients actually are curious about the adorable thing your cat did that day or the amazing trip you just took. It brings a human, friendly face to your business. Hayden Harnett and Tom’s Shoes are great examples of companies that have truly harnessed the power of social media and used it to build their brands. 

Michael of Gorgeous PR was in the audience and aptly explained that “online networking is just an extension of word of mouth.”

And Staci emphasized that it’s all in the strength of weak ties. Friends of friends who love what you have to offer will spread the word and help your brand grow. 

Inspired by the panel, I just started getting active on twitter myself. It can a little addictive on there, so remember that the point of all this socializing is to get your users to take specific action. At the end of the day, social networking is just a way to ultimately promote what you have to offer. Have fun out there and hope to see many of you online!

Image credit: Gregg Hilferding (and read the post, too!) 
 

A little more background:

Intro to Social Media

An Overview of Social Media Tools

Developing a Social Media Strategy

*Jackie just finished her 2nd year student at Loyola Law School, and in addition to being Chief Articles Editor of the Entertainment Law review, she is the school's resident Fashionista. Jackie contacted me after writing her soon-to-be published article about extending copyright protection to fashion designs, looking to learn more about the business of fashion and I look forward to working with her with Fashion Group International, Los Angeles

• Print
• Comments (2)
• Trackbacks
• Share Link

We are well into this weeks series on counterfeits and the fashion industry.  You understand that fashion counterfeits are harmful - socially and to your business -- and you need to fight them.  You have also taken preliminary steps such as registered your marks, done your homework on your contractors and supply chain and made the government your closest ally. 

But I received some emails yesterday from some of you wondering just what a fashion anti-counterfeit battle plan should look.  How do you fight the forces of evil?

The answer: Identify, Seek and Destroy.  [click here to listen to the Star Wars theme song while reading the rest of this]

Here is how:

Identify the scope of your plan by answering these preliminary questions:

1. What is your tolerance level?
2. What is your tolerance level?
3. What is your budget?

Seek out counterfeits:  [For Yoda's wisdom, click here]

1. Field investigators.  There are companies you can hire that will go into the stores, factories and marketplaces looking for your brand's items.  They will either  buy and/or photograph the offending item, so you and you team can respond appropriately.
2. Low cost Internet monitoring.  As discussed the past few days, you can have your staff monitor the Internet at low cost.  Be sure to follow-up with the offenders with either a cease and desist letter or take down letter or both.
3. Proprietary software.  There are soft wear companies out there, like Site Staydown, a service from online brand security firm MarkMonitor, that attempts to not only shut down knock-offs selling websites, but keep them closed.

Finally, destroy the counterfeiter's ability to manufacturer and sell:   [For Darth Vader's Theme, click here]

1. Take down notices.  As discussed yesterday, you can issue take down notices under the Digital Millennium Copyright Act, use eBay’s VERO (Verified Rights Owners) policy or other social media sites polices.
2. Writing campaigns. A simple cease and desist letter is effective, quick, and inexpensive.  For example, McCarter & English LLP partner Harley Lewin was able to reduce Diane von Furstenberg online postings of fake goods from "18,000 posts to about 1,000 in 120 days.”
3. If all else fails, litigation.  While the most costly option, you should be able get monetary damages, an injunciton and some times attorneys fees.  Your willingness to litigate signals your commitment to this battle and will likely deter future or repeat offenders.

In sum, while battling counterfeits may seem like an impossible, insurmountable task, like plugging a dam with your finger, small, purposeful, consistent steps, as shown by some of the success stories above, make a big difference. 

Remember, as yoda says:  "Try Not.  Do or Do not.  There is no try" [Video]

 photo credit:  ebay

• Print
• Comments
• Trackbacks
• Share Link

As you might have guessed, this week's theme is counterfeiting.  So far, you know what it is, and understand the economic and social harm caused by fakes.  

Counterfeits may also diminish your company's profits, injury your brand's image, negate customer satisfaction and loyalty and decrease your company's  "goodwill."

But you can fight back.  Here are five easy steps on how to start the battle:

1.  Register.

Trademark your brand, both domestically and aboard .  This should include all places you manufacture or sell.  Then, record your trademarks with US Customs and foreign customs authorities so the government can be your partner in enforcing your rights.

2.  Research.

Know who your manufacturers are and make sure you trust them. One of the most important things a company can do is to carry out its due diligence on manufactures and suppliers and to vigilantly monitor their operations, especially if they are outside the U.S.  How secure is the building? How many brands are being manufactured there? Who are their partners? Have they been sued? What happens to irregulars? Are they destroyed or sold?

In close quarters with minimal security, it might be easy for someone to walk off with your samples or copy them in the same factory.  As I have said before, it is very important to keep a very tight lid on your supply chain.  More times than not, counterfeits are made by the very factories that manufacture the original goods.

2.  Geographic Consistency

You should aim to distribute through a central location.  If you consistently ship your product from one address, customs agents will have an easier time identifying a fake if it comes from a different address. The same holds true for shipments you receive, especially if you are receiving shipments from Asia.

According to the recent Millward Brown release studying the most valuable global brands, Hermes® increased its overall brand value by 8% this year.   As a recent article posted on Fashionista.com pointed out, Hermes® only distributes to its retail boutiques. This helps consumers and enforcement authorities distinguish between authentic products and counterfeits, which helps preserve the overall value of the brand.

4.  Use Technology

Incorporate anti-counterfeiting technology into your product design. Holograms, special fibers, RFID and nanotechnology can be hidden in your garment to help authorities determine whether they are looking at an authentic product or a counterfeit.  If your brand is one of the hot ones targeted for counterfeiting, work with your design team and legal team to ensure you have maximized the identifying marks on your product which will help customs authorities determine whether the cargo they are inspecting is authentic or not.

5.  Have An Anti-Counterfeit Strategic Plan 

Your company, no matter what size it is, must have a plan for dealing with counterfeits.  It can be complex, like hiring an international team of field investigators or implementing special monitoring softwear, or utilizing the take down procedures under the Digital Millennium Copyright Act. 

Or your plan can be simple.  Set google alerts to monitor your brand and marks online and then take action to have the infringe goods removed.  eBay’s VERO (Verified Rights Owners) policy is free of charge and takes only a short application to remove the counterfeit item from auction.  Facebook has a similar policy.

My recommendation is to have a zero tolerance policy.  The more your company is known to fight back, the less likely your brand will be counterfeited.  Even a young company with limited resources can fight back -  smart, constant and creative action will lower the availability of counterfeit goods.

photo credit: Film Theory & Criticism [click here for video]

• Print
• Comments
• Trackbacks
• Share Link

Since the dawn of fashion, there have been those that have made a living from creating goods that look like, pay homage to, or are inspired by the original.  In today's WSJ, Christina Binkley discuss the speed at which copies or "knock-offs" arrive in the marketplace.  Binkley's explanation of why, is spot-on:

The fashion world is ravenous for new jewelry, accessories and clothes to fill the shelves of retailers and Web sites, many of which seek to offer fresh inventory as often as every two weeks. Often, existing designs become the inspiration for new, mass-produced pieces.

As I discussed previously, that is exactly how trends start.  In her article, Binkley uses the "Shashi bracelet" by Yuvi Alpert and Danna Kobo as an example of a trend:

• The bracelet was introduced at retailers Henri Bendel and Intermix in May 2009;
• Influential stars including Ms. Lohan and Katy Perry were soon wearing them;
• By December 2009, Mr. Alpert and Ms. Kobo had sold 10,000 of the bracelets;
• By February 2010, the bracelets' retailers began complaining about less expensive versions; and
• Now, at the end of April 2010, orders are either no longer being written or are being canceled because cheaper versions are available.

I don't know about you, but any item that sells for over a year is pretty remarkable in an industry that requires fresh product every 6 weeks.  As Mr. Alpert and Ms. Kobo stated:

The Shashi helped fund the young designers' development of their more expensive Ruby Kobo jewelry line, for which they won a 2010 Council of Fashion Designers of America "Incubator" award.

That's pretty impressive. 

Despite this success, critics, like Professor Susan Scafidi of Counterfeit Chic, still implore the need for more legal protection for small designers because for "an emerging designer, cheap knockoffs can be a knockout blow.  Thus, "young and independent designers are exactly the ones who need a bit of legal protection."

I, on the other hand, think the proposed Design Piracy Prohibition Act (DPPA) or its spawn as proposed by Professor Jeannie Suk, ignore the realities of the business of fashion including the financial ramifications of such a law; would make judges the arbitrator of fashion; and as Binkley accurately states, "would benefit only big brands that have the resources to apply for and protect their copyrights, trademarks and patents."

I stand firm in my position:

As a practicing fashion lawyer, litigator, former COO of apparel companies and the fourth generation of my family to work in fashion, law professors and politicians with no hands-on fashion industry experience should not be allowed to "fix" something that they have no practical knowledge of. 

The solution?  Binkley provides us with one:  Designers need to do what they do best - provide a steady stream of "new" material.  Then, they will get known for being innovators and the leaders in their market.  (Binkley's sentiment is echoed by Janine Blain, Vice President, The Doneger Group here [video])

I will end with two quotes:

When you are talking about fashion, lose the word original. Ask the small designers where they got their inspiration. Ha! They pull it from others." 

…Marc Jacobs; and from Project Runway's Tim Gunn:

"fashion designers, it’s not as though you’re creating fire or inventing the wheel. These things already exist.”
 

photo credit: mijjo

• Print
• Comments (1)
• Trackbacks
• Share Link

I wanted to pause for a moment and express my gratitude to all of you who have subscribed to this blog, shared it with your friends and RT the posts.  I was so busy slaying dragons this week, I didn't notice that the Fashion Law Blog had its 10,000 unique visitor on Tuesday!!  YEAH!!!!

Please keep sending me emails and posting comments -- I read everything and try to respond as best I can.  And a BIG thank you those of you have attended some of the in-person networking events or my speaking engagements.  It is so much fun to meet you in person and learn your stories.

So, I hope you will decide to stay awhile and join me on the wild ride that is fashion and help this blog grow to 100,000 unique visitors.  If you have any story ideas or questions or positions you want shared, please let me know.

Best,

Staci

photo credit:  Douglas County Assessor

ps -- I am working on posting some video clips of yesterday's interactive panel discussion on the Design Piracy Prohibition Act (DPPA), but am having some technical difficulties.  So stay tuned and hopefully they will get up tomorrow.

• Print
• Comments (1)
• Trackbacks
• Share Link

I am a big fan of Scott Ginsburg from Hello My Name is Blog.  Lately it has been like Mr. Toad's Wild Ride around here, so I am a bit behind in my reading.  But had to share with you some of Scott's wisdom from his tax day post, How to Make People Hate You:

Be the exception. Nothing pisses people off more than when you refuse to imprison yourself by adopting the illusions they blindly accepted as rules. If only they had your obstinate sense of self-protection. If only.

Sadly, most people are other people. They allow the world to dictate what they want and what’s important to them. You, on the other hand, are the exception to every rule. Or, you change the rules so you can win at your own game. Or, you change the game completely so there are no rules.

Either way, people hate you for that. Well done. What rules don’t you subscribe to?

Scott is so right, and since you know how true his advice is in the fashion world, I am not going to say anything else.  (except I am borrowing his image too).

If you are not following Scott on twitter or subscribed to his blog, you should do so immediately.  I promise you will not be sorry.

Thank you again Scott for another GREAT post!

• Print
• Comments (1)
• Trackbacks
• Share Link

Here's what I am reading this week:

The Cost of Counterfeits? GAO Doesn't Know [Counterfeit Chic]

Panel: Survival Tips for Small Biz [CAN BLOG]

Fashion Dos and Don’ts From the Windy City [ATL]

The Business of Counterfeit Products [Fashion Business Inc. Blog]

Fashion internships [Fashion Incubator]

If you think something important was missed, feel free to send stories and tips!

• Print
• Comments
• Trackbacks
• Share Link

The Design Piracy Prohibition Act polarizes the fashion industry.  In an industry where many designers come out with similar looks each season and where inspiration is said to be "in the air," the question remains whether fashion design should be given intellectual property protection when currently it has none.

On Tuesday, April 20, 2010, from noon to one, the California Fashion Association (CFA) invites you to the California Market Center Annex (in the lobby) come join an interactive panel discussing:

• Difference between copyright, trademark and counterfeit
• Inspiration vs. knock-off?
• Legal Ramifications
• Effect on Retailers

Moderated by CFA President, Ilse Metchek, the panel includes:

• Janine Blain, Vice President, The Doneger Group
• Brian Weitman, President, STC-QST and TALA 
• ME, Staci Riordan!

The event is free, but you must register.  [click HERE to RVSP] or email jriggs@californiamarketcenter.com.

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

Hope to see you there!

• Print
• Comments
• Trackbacks
• Share Link

Earlier this week, Above the Law (the parent of Fashionista) reported that Chicago Bar Association held a What Not To Wear Fashion Show [PDF].  While the ATL article is witty and amusing, I am shocked (and horrified) that a bar association in 2010 is basically telling lady lawyers to wear Burqas to work so they won't tempt the men.  (yes, you read that right).

The most offensive tip from Legally Fabulous:

"'Looking sexy in a law firm is disrespectful – Mary Nicolau.'  Absolutely. No one should be able to see your cleavage and your skirt or dress should be knee-length and not too tight. The partner you’re working for is someone’s husband/father/boyfriend. Show some respect. . . . In addition, never wear boots, never show your arms, NEVER wear pink, never wear clothes that reveal your body shape."

WHAT?! is she bananas or what?  While I am NO fan of slutty attire (or inappropriately tight clothing or seeing your cleavage) this is just WAY out of line.  What year are we in again?  The dark ages.  PLEASE!

Feministe responds:

Ah, yes. To protect the men! Because if an adult man spots an elbow somewhere, all hell might break loose.

Attractive Nuisance chimes in:

In sum, if you are a male lawyer, invest in a well-fitting suit (and be grateful). If you are a female lawyer, invest in a well-fitting male suit and a male who will wear said suit and speak for you, Cyrano style. . .[¶] this fashion show and all others of its kind give a completely outdated view about what is appropriate for women to do and to look like.  This is particularly clear given that the how-tos were steps to take to make sure men are more comfortable with women around them.

Preach on sister!  It is time to get rid of outdated, sexist, stereotype-perpetuating views that continue to promote gender inequality in the workplace.  

Don't interpret this to mean I am some crazy radical.   If there is no protest, how to we effectuate change? 

As I have previously discussed here, we all have many tools in our tool boxes and you must learn when it is wise to use each. 

Now, with that off my chest, I agree that there are times when you must quiet your inner fashion diva and not take a fashion risk:

• For Interviews: remember, your goal is to get the job. Dress in a manner that helps you achieve your objective, not hurt your ability to make a great first impression.  Your attire should be "appropriate," or in otherwords in line with the firm culture and the firms expectations of you.
• For Court, and sometimes for client meetings unless you are a fashion lawyer like me, you should wear a suit that is fitted properly with appropriate shoes i.e no flip-flops or sneakers (and please note, in California, heels and open toe shoes are perfectly fine, as long as they are in good taste.  Further, stockings and skirt suits are no longer required.)

The Chicago Bar's archaic panel presentation now gives me yet another reason why I am grateful that I work at a firm that smiles upon fashion, fashion law, and red pumps, and my red open-toe strappy sandals that I wear with my favorite suit.

H/T: Cassidy Saitow, Angela Jacobs and Biana Borukhovich

related posts:

Like a Lady [Daisy JD (Just Daisy)]

So What Exactly should Female Attorneys Wear?  [Feministe]

The Fashion Police [Legally Fabulous]

• Print
• Comments (3)
• Trackbacks
• Share Link

"Go Hard or Go Home," sings Young Jeezy in Rihanna's Hard.

Why are you reading this on the Fashion Law Blog?

As a reminder that the fashion business takes no prisoners.  It will test you, push your limits and then break them.  To succeed in fashion you need to be "tougher than a lion," determined and persistent.

But you know what?   

"They can say whatever
I'ma do whatever
No pain is forever
Yup, you know this."

You keep trying, stay focused and you will succeed.  Own your power.

"Yup, you know this."

photo credit: StyleCaster

For a behind the scenes making the video, click here.

• Print
• Comments
• Trackbacks
• Share Link

Here's what I am reading this week:

It’s how you wear them that counts, not the label [Taipei Times] (from the archives, but still relevant)

Diesel Launches a Dance-tastic Interactive Fashion Video [All The Rage] (I LOVE the dresses)

Do You Need to be a Bitch in the Fashion Industry to Succeed? [Nicky's Rag Tales] (Personally, I use the description "pit bull with a rhinestone collar," but hey, I am just a fashion lawyer)

The Mommy Track Turns 21 [Slate]

Tiffany v. eBay 3: (Counterfeit) Silver Lining? [Counterfeit Chic]

How to Go Full Time (reminds me of that rap song that goes, "Go hard or go home." so true!  thank you @nametagscott for another great, inspiring and "Dead on Balls"accurate post!) and Are You Profitably Patient or Destructively Passive? [Hello, My Name is Blog]

Do You Even Care if Your Clothing is Eco-Friendly? [Fashionista by @lapresmidi]

Crowdsourcing Catching On With Fashion Pack [WWD]

If you think something important was missed, feel free to send stories and tips!

• Print
• Comments
• Trackbacks
• Share Link

Are you free next Thursday night, April 15, 2010? 

I hope so because FGILA is having its first business panel of the year, A Glimmer of Light: Fashion's Road to Recovery and it is sure to be a fabulous presentation.  It will be at downtown hot spot, Blue Velvet and the panelists will discuss how to launch, sustain and even grow your fashion company in today's economy.

Moderated by Ilse Metchek of the California Fashion Association, the panel includes:

• Arlene Battishil, President/CEO, ScooterGirls – doing well in spite of this economy
• Gary Fineman, Partner, Fineman West & Co – how to manage the finances
• Shahin Kohan, CEO, Focal Technology Solutions – generating website business

As you can see from the invitation, the Fashion Law Practice Group of Fox Rothschild (my firm and my practice group) are one of the sponsors, so I will definitely be there.

To RSVP, click here.

And not to sound like a broken record, but this will be a great in-person networking opportunity to mix and mingle with LA's top fashion industry professionals.  Hope to see you soon!

• Print
• Comments (1)
• Trackbacks
• Share Link

Last October, Fashion Group International of Los Angeles (FGILA) kicked off LA Fashion Week with a spectacular event called…MEET The Designer & The Muse THAT INSPIRES THEM…

It was historic … as it was the first time ever, to have so many fashion artists in the same room or in this case roof-top of the spectacular STANDARD, Downtown LA!  The overwhelming positive media coverage and response from everyone involved and ultimately the success in raising integral funds for the Scholarship Program for the FGILA Foundation has prompted our organization to present this event bi-annually, to coincide with the launch of the LA Fashion Week Programs across our city.

And guess what?  We are doing it again on MARCH 17, 2010.  And you don't want to miss your chance to mix and mingle with LA's top designers!

• Who: you. mixing and mingling with LA's top designers and the muse that inspires them
• Where:  The Standard, downtown LA
• When: March 17, 2010
• RSVP:  here
• Ticket prices are as follows:

It is shaping up to be a fabulous event and I hope to see you there!

• Print
• Comments
• Trackbacks
• Share Link

Over at Fashionista, Kate Kaunitz  posted, An Ode to Clueless yesterday, which included a quote from Fashionista editor Lauren Sherman:

"It’s safe to declare AW10 the season of Clueless.”

The debate on where trends come is fascinating.  It seems that the majority of people polled would say trends come from:

• designers;
• celebrities; or
• the street.

Well, in for Fall 2010, it looks like many designers have looked to the movies and channeled their inner Cher Horowitz, including Miu Miu, Alexander Wang, Proenza Schouler, Prada, Jil Sanders, and shoe designer Robert Clergerie.

I agree with Fashionista: film has a tremendous impact on fashion.  I loved Clueless and the trends it inspires.  Remember the effect Flashdance had on fashion in in the eighties?

What is your favorite "fashion" film or favorite film inspired trend?

photo credit: fashionista

ps -- I would be remiss not to mention how sad I am over the tragic loss of Brittany Murphy.  She was just genius in this movie and I was a big fan.  She will be missed.

• Print
• Comments
• Trackbacks
• Share Link

Ever wonder about the Magic behind the movies?  Well, tomorrow night, Fashion Group International, Los Angeles will give you a rare, first hand glimpse. 

First, you will get a private tour of the FIDM costume gallery by guided by curator Kevin Jones himself!  On this exclusive tour, you will get an up close look at over 100 costumes from over two dozen of last year's movies, such as Julie & Julia, Star Trek, An Education, and The Young Victoria.

It's a rare opportunity to freeze the action and marvel at the imagination, artistry and intricacy of the costume designs. Also on display will be the fashions from The Duchess, the 2009 Academy Award® winner for Best Costume Design.

Second, you will get to hear from, meet and mingle with a panel of pros that make the MAGIC of the Movies happen, including:

• Ellen Mirojnick.  Costume Designer for GI Joe, Wall Street, Chronicles of Riddick;
• Monique Prudhomme.  Costume Designer for The Imaginarium of Doctor Parnassus, (Nominated for an Oscar & CDG Awards 2010), Juno;
• Ruth Carter.   Costume Designer for Black Dynamite, Spread, Amistad, Rosewood; and
• Moderated by costume designer Kristin Burke.  Kristin has designed costumes for over 40 films featuring such stars as Nicholas Cage, William H. Macy, Alec Bladwin and Maria Bello. She has also designed costumes for music videos, commercials and two television series. She edits the well-respected costume design blog: Frocktalk.

To register, please visit www.fgila.org or click here.

I will be there, and not to sound like a broken record, but this will be a great in-person networking opportunity to mix and mingle with LA's top fashion industry professionals.  Hope to see you soon!

• Print
• Comments
• Trackbacks
• Share Link

Here's what I am reading this week:

Designers Show Their Collections Live On the Internet [The StyleList]

Social Media: The New Front Row of Fashion [WWD]

There's Always Your First Name [Property, Intangible]

Project LV | Aether Autumn/Winter 2010 [Selectism.com]

First Morning in NYC [Fashiontoast] Question: I enjoy this blog, but am still wondering, who takes the pciutres of Rumi?

If you think something important was missed (and I was in Veags, so it is very possible), feel free to send stories and tips!

• Print
• Comments
• Trackbacks
• Share Link

Remember in the eighties when Madonna and Cyndi Lauper seemed to compete for everything?  Whether it was to be at the top of the charts or dress in the most outrageous fashions, they were both vying for that top spot.

Well, If Lady Gaga is today's Madonna, I think Ke$ha is her Cyndi Lauper. 

For the second week in a row, Ke$ha had the number one song in the country, Tik Tok [Video], beating out Bad Romance [Video] by Lady Gaga, according to Ryan Seacrest's America's Top 40.  (notice how both videos start out in bathtubs??)

And she is showing up at New York Fashion Week dressed to the nines (undressed would be more appropriate.)

What do you think?

Photo Credit: Maddona Revelations, MyItThings and The StyleList

• Print
• Comments (1)
• Trackbacks
• Share Link

Here's what I am reading this week:

Fashion Diary: Alexander McQueen, an Appreciation [All the Rage] 

Donna Karan on fashion and killing the industry [MyFashionLife]

Ninth Circuit Affirms Injunction Against Use of Designer's Name as Trademark [Seattle Trademark Lawyer]

The Devil Pisses Off The Italians [CocoPerez via Cocktail Chic]

If you think something important was missed, feel free to send stories and tips!

• Print
• Comments
• Trackbacks
• Share Link

by ChristaChan-Pak, Esq., FGI Member and aspiring Fashion Lawyer

Last week emerging Los Angeles based designers gathered to gleam wisdom from established Fashion Business Consultant, Ralinda Harvey, during her presentation “Secrets to Launching a Successful Fashion Line” hosted by Macala Wright and FashionablyMarketing.Me.

Ralinda gave the attendees a step by step guide to launching their own successful fashion business that had three phases -- planning your business, creating a profitable collection and marketing and selling your line. 

For those of you who could not be there, Ralinda outlined 16 steps to success as follows:

1. Start with a simple plan. Write down the following: a strategy for what you want to do, how to get it done, who will help you, how you will sell it and how much it will cost.
2. Work and learn at a small company. If possible, work at a small company. Ralinda started at Gap, Inc. but learned the most during her tenure at Michael Stars.
3. Start one business at a time. Wholesale, retail and e-commerce are all separate businesses. Ralinda recommends focusing on one at a time and expanding into others once the first is operational.
4. Cover your budget. This includes your startup budget, your operating budget to cover vendors, marketing and overhead, and your production finance budget to finance the period between when you receive orders and get paid.
5. Position yourself for investors. To strengthen your position when negotiating with investors get your line going and get sales.
6. Create a signature style. For example, when you think Calvin Klein, you think simplicity; when you think Missoni, you think of a harmony of colors
7. Focus your line. Think the Juicy Couture sweat suit, the Dianne von Furstenburg wrap dress. To build brand integrity, do one thing perfectly and build your collection using trimmings, colors, and details in fabric
8. Use keystone pricing. The wholesale price should equal cost multiplied by a factor of anywhere from 2.0 to 2.8. The retail price should equal the wholesale price multiplied by a factor of anywhere from 2.0 to 2.8.
9. Price at perceived value. If your product looks like $100 retail, divide that by 2.2, for example, to get the wholesale price of $45. When you divide the wholesale cost by actual cost, your result should be between 2.0 and 2.8. If it’s not, you need to tweak costs or adjust the product to stay at perceived value, i.e. the price of similar items.
10. Time your launch. Your launch should coincide with the trade shows, i.e. when buyers are buying. Check infomat.com for trade show dates. Don’t forget to make your launch an event.
11. Create a cost effective, goal oriented marketing plan. Think social media, a marketing kit, and/or a multi-purpose website. Social media is useful to get in contact with customers if you are doing retail. Your marketing kit includes flexible line sheets, press releases, order forms and your look book. Even if you’re not doing e-commerce, you should still have a website to showcase your current collection.
12. Know your sales options. While you could try to obtain a rep, Ralinda recommends selling yourself.
13. Selling yourself. Give your line momentum. Get your product in stores, especially brand building stores like Fred Segal, Kitson and Intermix. Work on getting press to position yourself for good representation.
14. Create a trade show marketing plan. Trade shows are great for exposure but are costly and unpredictable. If you are investing in going to a trade show, get the list of buyers who will be there and send them postcards and press kits via FedEx before the show. After the show, resend your materials to the buyers you connected with and provide them with order by and delivery cut off dates.
15. Deliver on time. Buyers can be unforgiving. Don’t take more orders than you can deliver
16. Make sure you get paid.  Stick to cash on delivery or credit cards.
     

This sounds like a fantastic presentation and I would have been there, but was speaking in Philadelphia.  Thank you Christa, for this fantastic summary.   And in cased you missed these last two presentations, I am speaking at MAGIC on February 16, 2010 (blog post to come) so I can meet you there!

• Print
• Comments (2)
• Trackbacks
• Share Link

Here's what I am reading this week:

Random Rules for Ideas Worth Spreading and Modern Procrastination [Seth's Blog]

 A Journey That Comes Full Circle...  [ScooterGirls Blog]

Homme Hi-Top Sneakers for Spring 2010 and James Perse Vintage Sweatpants [Selectism]

Discovering Your Message [Personal Branding Blog]

If you think something important was missed, feel free to send stories and tips!

• Print
• Comments
• Trackbacks
• Share Link

co-authored by Peter Buckley

Thank you everyone for coming to last night's event, "Unlocking the Secrets of Philadelphia Fashion in 2010," an event co-sponsored by the Fashion Law Practice Group of Fox Rothschild, LLP (my firm) and Fashion Group International - Philadelphia (full disclosure -- I am the Regional Director of Fashion Group International in Los Angeles).

The event was well attended, featured a spirited interactive discussion, featured good old "fashion" networking and the attendees walked away with information that could help their business immediately. Now, if you were not able to join us, here is a first hand account of the evening from our moderator, Peter Buckley:

• Kristie Bergey, Owner of the KB Experience and Executive Director of Philadelphia Fashion Week energized the audience around recent successes in the Philadelphia fashion community and discussed how Philadelphia is primed to grow as a center for fashion. With access to an enormous marketplace that is often used to launch national products, but without crippling overhead of other locales, Philadelphia provides an ideal home for fashion, she said.

• Karen Randal, the City of Philadelphia's Director of Business Attraction, Retention and Expansion, highlighted a number of initiatives sponsored by city government designed to attract businesses (specifically those in fashion) to Philadelphia - tax incentives, financing assistance, job training grants and improved services all designed to make Philadelphia a great place to run a business.

• Sarah Van Aken, Owner of Sa Va, who took advantage of the incentives offered by the City to relocate her garment production from Bangladesh, offered her perspective on what it takes to succeed in Philadelphia fashion. Sarah emphasized the importance of knowing your customer and making business decisions with your target audience in mind. Sarah explained how she has successfully used social media - especially Facebook - to reach her customers and expand her brand in Philadelphia and beyond.

• Kristen Insalaco, Principal of Insalaco Public Relations and Director of Public Relations for Philadelphia Fashion Week 2009 offered a perspective from a public relations professional. Kristen emphasized the benefits of working with local professionals who know the Philadelphia media marketplace and stressed the importance of social media in any marketing plan designed today. Kristin explained the concept of search engine optimization and discussed how it can be used to gain increased visibility on the Internet; and

Staci Riordan, the Chair of Fox Rothschild's Fashion Law Practice Group, counseled the business owners about the importance of strategic planning, being passionate about fashion, and trademarking your "name" early, giving special consideration to reasons why you might want to avoid using your name in your brand if at all possible. Staci reiterated the importance of connecting with your target audience and using social media to effectively market to your niche.

Thank you again for all of you who attended. I enjoyed meeting you and if you would like a version of this presentation in your city, please send me an email!

• Print
• Comments (2)
• Trackbacks
• Share Link

"Yesterday is History, Tomorrow is a mystery; but today is a gift.  That is why it is called the 'present'."

 -- Master Oogway to Po in Kung Fu Panda.

Are you enjoying your present?  Do you feel like every day is a gift that you can't wait to open or explore?  Someone of you have even shared with me that you are so passionate about what you do, you look forward to Mondays (Don't worry.  I don't think you're crazy because I do too.)

Or is getting out of bed a chore?  Does every day feel like death by a thousand papercuts?  Are you "too concerned about what was and what will be?"

The first step is to reconginze how you feel.  The second is internal -- you must decide to become a master of your own destiny.  You will find that once you start, inspiration will follow.

• Print
• Comments
• Trackbacks
• Share Link

A quick reminder that on Wednesday, February 3, 2010,  from 6 to 8 p.m. the Fashion Law Practice Group of Fox Rothschild (my firm and my practice group) and Fashion Group International, Philadelphia are hosting Unlocking the Secrets of Philadelphia Fashion in 2010.  This event is for Philadelphia's designers, manufacturers and retailers, whether you are just starting out or a fashion industry veteran, who wants to make 2010 their most successful year yet.  Moderated by Peter C. Buckley, the panel includes:

• Sarah Van Aken, Owner of Sa Va;
• Kristen Insalaco, Principal of Insalaco Public Relations and Director of Public Relations for Philadelphia Fashion Week 2009;
• Karen Randal, City of Philadelphia, Director of Business Attraction;
• Kristie Bergey, Owner of the KB Experience and Executive Director of Philadelphia Fashion Week; and
• ME, Staci Riordan!

I am on the East Coast often and would love to meet you.  Please RSVP  and I look forward to seeing you soon at this great opportunity for networking the old fashion way. 

• Print
• Comments
• Trackbacks
• Share Link

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).

• Print
• Comments (2)
• Trackbacks
• Share Link

Here's what I am reading this week:

Create Your Own Career Insurance Policy via Your Personal Brand [The Personal Branding Blog]

Apple's MID Life Crisis [NPD Blog]

The Challenge to Thrust LA Fashion Week Onto the World Stage is ON! [LAFashionWeek.com] ps -- check out the picture of John Arguelles, President of Llyod Klein Couture

How to Look Thin in Skinny Jeans [The Stylist]

Studio D'Artisan 30th Anniversary Denim [Selectism.com]

Juicy Couture Founders Step Back With Its Cultural Moment Long Gone [Fashionista]

If you think something important was missed, feel free to send stories and tips!

Are Your Poor Listening Skills Hurting Your Career? [Keith Ferrazzi]

• Print
• Comments
• Trackbacks
• Share Link

I love shoes, and one day I will be able to afford to indulge in the ones I covet most.  Classic Ugg Boots, however, are an exception.  Like other fashion bloggers, I have never quite grasped mid-aged America's obsession with Ugg Boots.  The Manolo puts it this way:

"The reason the Manolo singles out the Ugg boots usage among the older ladies is that such things send the wrong message (”Look at me! I’m trying desperately to be youthful!), and because it is the opportunity missed.

If you are the lady of the certain age, there are so many better things to put on your body. Indeed, it is more fun for the fully grown woman to get dressed up in something beautiful, surprising, flattering, and age-appropriate than it is to ape the childish and attention-getting fads of the teenagers."

What do you think?  A do or don't?

photo credit: Fashionista

• Print
• Comments (1)
• Trackbacks
• Share Link

This quote from the www.coolrooment.com really stood out (and reminded me about why I hated UP!), so I had to share: 

We should be taught not to wait for inspiration to start a thing.

Action always generates inspiration. Inspiration seldom generates action.

--- Frank Tibolt

What action could you be taking right now, but are holding back -- out of indecision, fear of failure or lack of courage? 

photo credit:  JP Morgan Corporate Events

• Print
• Comments
• Trackbacks
• Share Link

Here's what I am reading this week:

Macy's On The Hunt For More Fashion Brands [Crains NY]

The Future of Fashion: Seasons Are So Last Season  [Yuli Ziv]

Hassan: You can't teach attitude [What About Clients?]

Couture Feud Brews Between Giorgio Armani and Christian Dior [The Cut]

Trademarks, copyright, brand equity and rent-seeking: Soapbox 2010 [Likelihood of Confusion]

If you think something important was missed, feel free to send stories and tips!

• Print
• Comments (1)
• Trackbacks
• Share Link

In fashion, when you use the word "Brand," most people think it is synonymous to the word company.  Or they may think you are referring to an array of products, from clothing to perfume to water, that are all marketed under the same trademark. 

The word Brand, however, has a much bigger meaning, and each of you have one too, whether you know it or not.  As Time Magazine aptly said, “Living is personal branding. Facebook, Twitter, reality TV — you are always on and always out there.”

One of my favorite blogs, the Personal Branding Blog puts it this way:

If you have a pulse, then you have a brand and if you have a brand then you have to manage it. The days of image management consultants are over and gone.  The current state of the world begs for personal brand management.  Every move you make offline may be documented and everything you do online is already documented in your permanent record.  Years from now, your boss might uncover something about you from a simply search for your name on any social network or search engine and decide not to trust you.

So in 2010, what are you going to do about defining and managing your Brand?  You can start by taking Nancy Rosen's Personal Branding Pledge for 2010 (which I like so much I have it posted to my bulletin board and need to share it with you here):

This is my year.

I’m fighting for it.

Fighting to keep the big, juicy prize in mind so it lands in my hands by the end of this year.

Fighting to see and stay on the road, high or low.

No stopping for distractions, no matter how attractive.

I have no respect for roadblocks: inadvertently or purposely cast in my path.

I’m fighting to obliterate my own inclination to please, appease or do anything less than seize the day; every day this year.

I’m exploding with energy, but conserving it, too.

I vow to plow through walls that surround me and beat anything that threatens to defeat me.

I own my ideas, my process, my results and my truth.

I own the rights. I own the turf. I own this fight, from round one.

I will make it to the big dance with a performance that’s bigger than a personal best.

I will cross the line in record time, with a valedictory lap on the track, flashing the victory sign.

This is my year.

I’m fighting for it!"

What's the point?  As Nancy wisely says, It’s to be widely known, appreciated and paid for the talent, quality, service or accomplishment you decide is authentically who you are and what you want to do.

Now who does't want that? 

Try it.  you will get results.  I promise.

photo credit: Personal Branding Blog and Flickr

p.s.  Add Personal Branding Blog to your Google Reader and read it EVERYDAY!  I do.

• Print
• Comments
• Trackbacks
• Share Link

Two weeks ago, this blog discussed the importance of networking the old fashion way.  While social networking is very important, you must also do in-person networking to build trust and lasting relationships.  I then followed-up by sharing some opportunities for in-person networking in Los Angeles.  So those of you on the East Coast are not left out, here are two networking events in your neighborhood you may be interested in:

First, on January 28, 2010 in NYC, FashInvest is having its first event this year in its Concept to Capital series, Making the Leap to Becoming Investor Ready Fashpreneur.  The event will bring together entrepreneurs with investors, industry executives, and service providers within the online and offline Branded Goods, Retail and Fashion sectors to help them find funding and support for growing their businesses. 

The panel is composed of Ed Goodman, of Milestone Venture Partners and the Bergdorf Goodman family; Mickey Klein of The Astor Group and Elie Tahari; Jack Drapacz of Holden Asset Management and Financo; George Nemphos of Duane Morris who also has deep personal operating experience in Branded Goods; John Ferretti of Foxfire who is a venture backed entrepreneur and an active angel investor in the branded goods space; and David Freschman who is the Chairman of FashInvest, a 15 year venture capitalist and an angel investor.

Click Here to Register.

As you may remember, I am a steering committee member for and speaker at their upcoming Summit in Spring 2010 in New York.

Second, on February 3, 2010, the Fashion Law Practice Group of Fox Rothschild (my firm and my practice group) and Fashion Group International, Philadelphia are hosting Unlocking the Secrets of Philadelphia Fashion in 2010.  This event is for Philadelphia's designers, manufacturers and retailers, whether you are just starting out or a fashion industry veteran, who wants to make 2010 their most successful year yet.  Moderated by Peter C. Buckley, the panel includes:

• Sarah Van Aken, Owner of Sa Va;
• Kristen Insalaco, Principal of Insalaco Public Relations and Director of Public Relations for Philadelphia Fashion Week 2009;
• Karen Randal, City of Philadelphia, Director of Business Attraction;
• Kristie Bergey, Owner of the KB Experience and Executive Director of Philadelphia Fashion Week; and
• ME, Staci Riordan!

I am on the East Coast often and would love to meet you.  Please RSVP  and I look forward to seeing you soon! 

• Print
• Comments
• Trackbacks
• Share Link

At the end of 2009, I urged you and your fashion company to be a Gatejumper in 2010.  What does that mean?  In the past, fashion brands had to rely on retailers, buyers, fashion editors or stylists to reach their customer.  But now, we have the web and social media, so you can now reach your target customer without these traditional gatekeepers.

Yesterday, in a fabulous blog post titled, "The Future of Fashion: Seasons are So Last Season," Yuli Ziv expanded on this point, stating:

The fashion industry is going through restructure, just like the music industry did few years ago. As fashion brands become more digital, it gets harder for the old rules to work. Collections, seasons, fashion weeks, buyers, magazine editors - everything and everyone are challenged these days, and inevitably many processes will be redefined, and many positions will lose their power. Despite the threat on the traditional industry establishments (magazines, department stores),  I think the restructure is a healthy thing and eventually will lead to enhanced productivity, which in turn will leave fashion brands and houses with more time and resources to innovate.

Yuli shares five ways she sees the fashion industry changing:

1. No more seasons;
2. No more full collections;
3. Runway shows as marketing tools;
4. Computerizing the buying process; and
5. Opening of the two way street.

You and your fashion brand should make the most of this time of upheaval.  Take this opportunity to emerge as a leading, innovative company.  You set the rules, don't let others set them for you.  Instead of asking why, ask why not? 

This is especially true for you young and emerging designers.  You have a leg up on your competition: you are passionate, leaner, more tech savvy, and as a start-up in this economy, a true hustler (which, as my clients know, is one of my favorite words).

So, whether you are just starting out or been around for years, don't be afraid,  Embrace change and create your own game.  Otherwise, you might find yourself out of fashion and unwanted, like last season's unsold merchandise on the markdown rack. 

photo credit: ehow.com

• Print
• Comments
• Trackbacks
• Share Link

Here's what I am reading this week:

Fashion Week and Social Media: 10 Ideas For Grabs [ Yuli Ziv]

FTC Offers Mixed Message on Celebrity Endorsements [THR, Esq.]

Blooging and Seeking, Stupid and Sublime [Godammit, I am Mad]

Luxury Retailers, Meet the New Money [Slate]

Judge Rules on Joseph Abboud Name Use [WWD]

Shoes Are the Key to Changing Your Office Style [The Stylist]

Google's Legal Opitions Scant, Company Mulls China Pullout [WSJ Law Blog]

If you think something important was missed, feel free to send stories and tips!

• Print
• Comments
• Trackbacks
• Share Link

I have had my eye on Uniqlo and you should too.  Here is why:

1. The Japanese fast fashion retailing chain is expanding, both inside and outside the United States;  and
2. It is reporting record sales and double digit same store growth, in this economy. 

When the economy recovers, it will be in an even better position.  Tadashi Yanai, Chairman and President of Fast Retailing Co., the operator of the Uniqlo, recently stated:

"We want to make sales from overseas operations four times as large as those from domestic operations in 10 years."

Wow.  Double Wow when you consider that the company is projecting a 130.5 billion yen profit for 2010 (or $1.4 Billion U.S. Dollars), 80% of which comes from Uniqlo. 

Why is Uniqlo so successfully?  As the Business of Fashion stated in its article "Uniqlo, A Feel Good Commodity:"

"The brand is making exactly what people want, at prices that make them feel good."

Uniqlo is an excellent example of successful niche marketing and being DIFFERENT than the competition.

Photo Credit: Uniqlo from The Business of Fashion

• Print
• Comments
• Trackbacks
• Share Link

This past weekend, the Stylist reported that Bird Handbags has sued Juicy Couture, now owned by Liz Claiborne, for Copyright Infringement.  Despite a thorough search, I haven't located the complaint.  So, perhaps Bird Handbags is merely contemplating suit, as report by Fashion Week Daily. 

Regardless, the report of an alleged copyright infringement action odd; as a fashion lawyer, I have not seen a handbag that is protectable by copyright law, but it could be possible to protect the fabric it is made out. 

The Fashion Week Daily article seems to imply that Liz Carey, the owner of Bird Handbags, former model and ex-wife of Oasis drummer Alan White, is upset that Juicy is calling its handbag line, Bird by Juicy.   

A  company name can be protected under Trademark law.  In September 2008, Juicy Couture, Inc., filed three intent to use applications for the mark "BIRD BY JUICY" for classes 25, 18 and 14 (these classes include clothing, handbags and jewelry among other things).  In October 2009, Bird Handbags filed a trademark application for the mark "BIRD" for class 18 (bags), on a combination use and intent to use basis.  Bird Handbags claimed a first use date of July 2007. 

Usually, the first to file wins.  But this is an interesting situation because Juicy has not yet filed a statement of use, Bird has the earlier use date and Bird will likely rely on a combination of common law and federal law trademark claims.  So, for now, the answer is up in the air.

 photo credit: TinyZippers.com

• Print
• Comments
• Trackbacks
• Share Link

Earlier this week, this blog discussed the importance of networking the old fashion way.  While social networking is very important, you must also do in person networking to build trust and lasting relationships.

If you are a fashionista in the Los Angeles area, a perfect networking opportunity is right around the corner.  Fashion Group International, Los Angeles (FGILA) is having its first event of the year, Unlocking the Secrets of Successful Networking, Monday Janaury 11, 2010 at 6 pm at the Stinking Rose on La Cienga.  You will have an oppturnity to meet and mingle with like-minded fashion professionals and hear a top speaker, leaving with tips on how to network your way to success.

Here some even more good news about Monday nights event:

1. If you joined in 2009, you get in FREE;
2. If you join for 2010, you get in FREE; and
3. If you are a member and renew before or at the event, the event is FREE!!!

In case you haven't heard Fashion Group International, it  is a global, non-profit, professional organization with more than 6000 members in the fashion and style industries including apparel, accessories, design, retail, merchandising, media, advertising, public relations, marketing, home, beauty, interiors, lifestyle and more.  This year is the 75th aniversary of the Los Angeles Region and we have some BIG things planned

And lastly, I will be at this event and would love to get to know you better.  (As I have previously disclosed, I am FGILA's Regional Director.)

• Print
• Comments
• Trackbacks
• Share Link

Many of the posts on this (young) blog have discussed the benefits of social networking, and I have urged you and your fashion companies to harness the power of the web, be a gatejumper and connect with your customer. 

As you begin 2010, hopefully with your strategic plan in hand, please don't forget about good, old-fashion networking - the in-person kind.

Social networking via twitter, facebook, blogging to name a few, can be more fun and is certainly less intimidating to some; but last week, John Jantsch of Duct Tape Marketing reminded us, busy does not equal business:

"The problem with social media usage is it can keep you really, really busy, without producing a dime of business . . .this is a post for all those folks that are hiding behind the monitor tweeting away when they really should be out shaking hands, making sales presentations, and attending networking events."

For example, there are many things a designer, fashion industry executive or budding fashionista could do to mingle IN PERSON with like-minded professionals:

1. Attend a fashion show, trade show, or exhibit;
2. Attend a Fashion Group International event  (full disclosure, I am in the current Regional Director for Los Angeles);
3. Go to a workshop or seminar on a topic that interests you; or
4. At least have dinner or drinks with your colleagues or co-workers.

The point is to get out; step out from behind your computers and interact with someone.  Building trust and lasting relationships is the key to business development, and usually doesn't occur after one online-exchange.  

In sum, use social media to raise brand awareness, start a conversation and engage with your customer.  Then, take those connections, followers and friends and turn them into compatriots.

 photo credit: Plan and Yaz on Trial

• Print
• Comments (2)
• Trackbacks
• Share Link

Fashion companies usually set trends.  But for some reason, as aptly pointed out by Macala Wright Lee, CEO of FashionableMarketing.me in recent blog post titled, "Social Marketing + Fashion: What’s Next In 2010?":

the fashion industry has been fashionably late to the social media fête – refusing to adopt it at all and just parking their namesakes on certain sites. Even worse, they have used one-way marketing efforts on sites and have used RSS feeds for sales and promotions.

2010 is the perfect time for fashion brands to be GateJumpers, or to “figure out who the gatekeepers are, then decide which rules you can break" to reach your target customer without them.

In fashion, companies were forced to rely on retailers, buyers, fashion editors or stylists to reach their customer.  But now, we have the web and social media.  Every designer can, and should be, talking with their customer! 

Athletes, like Mark Titus, are.  Master colorist and Shear Genius judge Kim Vo is......when are designers going to join in?  Alexander McQueen is off to a good start (but his twitter feed still is mostly about sales and promotions.)

How about you?  Start today.  Don't  wait for permission.  You have inexpensive tools at your disposal to make your own rules, connections and create your own game.  And even more important, build a direct relationship with your customers.

photo credit: MarketingProfs.com

• Print
• Comments
• Trackbacks
• Share Link

The Wall Street Journal recently reported that the number of world leaders and top executives is on the rise.  In her article "The Relentless Rise of Power Jeans," author, Christina Binkley, noted:

Power jeans are increasingly common in high-ranking business and political circles. Indeed, jeans are now a legitimate part of the global power-dress lexicon, worn to influential confabs where the wearers want to signal they're serious—but not fussy—and innovative.

This is good news, not only for those in the Los Angeles fashion community, but for those of us that work in traditional industries, like accounting, banking and law (even Fashion law).  Why?

According to the NPD Group Inc., while total aparel sales were down, sales of all women’s jeans were up 5 percent from last year to $8.2 billion through August 2009.

Most of the premium denim companies, like True Religion, Rock and Republic, J Brand,Citizens of Humanity, MEK and Rock Revival, to name a just few, are based in the Los Angeles area.  The growth of the denim market not only suports these Los Angeles based companies, but generates 1.6 jobs in the surrounding community.

So, despite the slow retail climate, the demand for denim is rising.  While the first lady is usually credited with starting fashion trends, President Obama has, yet again, logged another "first."

photo credit: Associated Press showing President Obama and Russian president Dmitry Medvedev in a "blazer, crisp buttoned shirt, and expensive-looking leather-soled shoes with dark, straight jeans."

• Print
• Comments
• Trackbacks
• Share Link

There is legislation pending before Congress, the Design Piracy Prohibition Act (DPPA), or H.R. 2196, that would allow designers to obtain copyright protection for their fashion designs for three years.

Steven Kolb, Council of Fashion Designers of American (CFDA), one of the supporters of the bill claims that it is needed because:

[p]irates steal American fashion designs, make low quality copies in Asian factories with cheap labor and import them back to into the U.S. to compete with the original designs.

Others, such as Jason Wu and Narciso Rodriguez rally against the injustice of lower priced companies profiting from the sales of virtual identify copies to gowns worn by celebrities or those in the public eye.

My question is this: isn’t inspiration, homage or “knocking-off” the force that creates a trend, thus causing customers across the country to desire and purchase the design?

Remember Meryl Strep in the Devil Wears Prada?

The ironic part of this new law is that copyright registration would not be allowed it if the design “merely reflects a trend.” According to the bill, a trend is:

a newly popular concept, idea, or principle expressed in, or as part of, a wide variety of designs of articles of apparel that create an immediate amplified demand for articles of apparel embodying that concept, idea, or principle.

The trend “safe-harbor” prevents protection for any “hot” or fast-checking item. Now that is the true paradox of fashion.

Photo credit: Getty Images/Mark Wilson

• Print
• Comments
• Trackbacks
• Share Link