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Copyright Issues in Luxury Fashion This project examines, in detail, the copyrights and ethics in Luxury Fashion in the US and its differences with Europe. Product liability, unprotected current business environment, advantages and disadvantages of Fashion=Technology collaborations are some of the cases that are studied throughout this presentation. Overview There is no prevention of copying of fashion designs in the U.S. In general, to prevent counterfeit the ‘Trademark Law’, which is inadequate in most of the cases, is used. Fashion Design is also outside the domain of IP law. In Europe, in France, the situation is different because Fashion Design is subject to copyright law. In United States, with the technological developments, happening at the speed of light, each second it is becoming easier to copy the new designs direct from the runway. In other words, technology, today, has made it increasingly difficult for designers to surpass copyists and achieve a sustainable return on creative investments. “Models and editors are stylishly dressed while fashion designers are naked, LEGALLY naked.”, The New York Times Credits: Alaa Balkhy, Emine Arıkan, Sophia Lu, Reshma Ramrattan, Ceresa Newsome Business Law Team Project - Pratt Institute (2014)
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Luxury Fashion Alaa Balkhy Rabia Dilara Cumhur Sophia Yuhua Lu Reshma Ramrattan Emine Arikan Ceresa Newsome
01
Legal History of Fashion • No prevention of copying of fashion
designs in the U.S. • To prevent counterfeit ‘Trademark Law’
is generally used • Outside the domain of IP law
Luxury Fashion
02
Legal Landscape: U.S
Original Design
Original Design
Original Design
Section 1302
Section 1305
Title 17, Chp 13
U.S Code
03
• Internet & Smart Phones
• “Runway-to-rack” by advanced softwares
Technology
04
Technology
• CAD Copyrights in 3D Printing
05
Technology
• Growth in wearable technology
06 07
Manufacturer Seller
OriginalDesign
Copy
Product Liability
Ethical Fashion
Nature Workers Consumers
07
• Conscious use of
resources
• Compassionate
animal treatment
• Fair dealing
anywhere in the
world
• Adequate working
conditions
• Transparent and
complete information
• Fair prices and service
08
“The front-line responsibility is the government’s, but the real power lies with Western brands and retailers, beginning with the biggest players: Walmart, H&M, Inditex, Gap and others.”
- Scott Nova, Executive Director of Worker Rights Consortium
Ethics
Ethics
10
Lanham Act: 15 U.S. Code Chapter 22 - Trademarks (Also known as the trademark act of
1946)
● Polo Ralph Lauren V USPA ● Roberto Cavalli V Jason Williams,
Victor Chapa and Jeffrey Rubin - known as Revok, Reyes and Steel, respectively
Current Business Environment
11
Intellectual Property law does not extend to articles of clothing
Fashion designs exist in what is known as a “low-IP equilibrium”
“Innovative Design Protection Act,” (“IDPA”), has been seen as a tool that may finally level the playing field in the counterfeit goods and design infringement cases
12
Christian Louboutin vs Yves Saint Laurent
13
“Models and editors are stylishly dressed while fashion designers are naked, LEGALLY naked.”
Pitch
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● E-Commerce, Digital Platform ● Brand Protection ● Better IP rights
Fashion Tech
15
+
“Technology and fashion, they are going to MARRY!”
$30 billion wearable technology market in 2018. - Citi research
16
Thank You