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Fashion Law
In todays' highly competitive global market, fashion designers, entrepreneurs and executives need state, federal, and international laws to protect their intellectual property-their brands and the products by which their customers recognize them. Fashion Law provides a concise and practical guide to the full range of legal issues faced by a fashion company as it grows from infancy to international stature. Updated to reflect recent legal decisions and regulatory developments, this revised edition covers such a vital issues as intellectual property protection and litigation, licensing, anti-counterfeiting, start-ups and finance, commercial transactions, retail property leasing, employment regulations, advertising and marketing, celebrity endorsements, international trade. Features of the text help to make legal concepts accessible to the lay reader. More than 25 leading attorneys practicing in the emerging legal specialty of fashion law contributed the chapters for this authoritative text, and their expertise provides a foundation for fashion professionals and their legal advisors to work together effectively. New to this Edition~Expanded section on Intellectual Property protection, including an all new Chapter 6 on Litigation~All new Chapter 10 on Fashion Finance Features~Box Features provide real-life examples that demonstrate the role that law plays in the fashion business, including landmark court cases and current events~Practice Tips discuss legal issues that should be considered as fashion designers and executives establish procedures for conducting their business~Sample Clauses familiarize readers with the legal language that covers the rights and responsibilities of the parties to agreements. Instructor's Guide and PowerPoint presentations available.
Protecting Creativity in Fashion Design
Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.
Protecting Designs in America
Author: William K. Wells
language: en
Publisher: Page Publishing Inc
Release Date: 2022-08-01
This book is a primer for designers and attorneys who represent them for protecting product designs from copying by competitors. Particularly for consumer products, designers spend a great effort into making otherwise purely functional items into works of art one enjoys having displayed in their kitchen, bathroom, office, shop, and elsewhere. Yet unscrupulous competitors can copy or mimic the designs often with impunity. To the extent designers have attempted to protect the design through some form, the effort often falls short. Product designers, sometimes referred to as industrial designers, typically are not aware of the plethora of alternatives available to them and which of these offer the best avenue of protection for the lowest cost. Often the lawyers who represent them are so focused on one particular approach, while other alternatives are overlooked. This book brings to light the various modes of protection for designers with detailed analysis of each from a realaEUR"world perspective. The three major modes of intellectual property rights for designers are design patents, trademarks or trade dress, and copyright. Each of these has its own special characteristics that make it a good or bad choice depending on the nature of the design and the willingness of the designer to bear the costs and effort in securing the rights. Some rights may be obtained relatively easily but extremely difficult to enforce. Others may require additional effort and cost up front but will bear more fruit when asserted against an infringer. The book breaks down each IP right into the ease of obtaining the right, remedies associated with each, and the challenges in enforcing them. For attorneys, the book combines in one place the advantages and disadvantages of each mode of protection with discussion of relevant case law and statutes. Most attorneys have expertise in at least one of the three major modes of protection but not all three. This material will enable attorneys to better appreciate other areas of specialty in advising clients. Similarly, the designer will be able to assess the individual attorney's expertise and, if necessary, bring together a multiaEUR"disciplined approach to protect a unique product design.