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

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!

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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.

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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!

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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!

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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

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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!

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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!

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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!

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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!

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"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.

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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. 

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

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

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

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

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

photo credit: mtv.com

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

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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]

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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

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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

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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!

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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.

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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! 

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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

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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!

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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

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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

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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.)

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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

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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

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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."

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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

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