2013 Fashion Law Recap

NYFW has officially begun and before TFG goes full force in providing our readers with the latest runway coverage, I wanted to go back to my fashion lawyer roots and recap some of the recent cases and developments in fashion law that have already set the tone for the new year.

First off, the legal dispute between Tory Burch and her ex-husband Chris Burch, colorfully dubbed by Judge Strine as a "drunken WASP fest" has been settled. As noted in our previous post, the dispute began over the sale of Chris's stake in Tory Burch LLC, which Chris claimed his ex-wife made difficult for him to do. Additionally, Chris claimed that Tory Burch was also interfering in business partnerships related to his new retail concept C. Wonder, which many claimed that its seeming likeness to the Tory Burch chain upset his former wife.  This was confirmed when Tory Burch countersued her former husband for trade dress infringement over the similarities between the two brands, as well as unfair competition and breach of fiduciary duty.

The similarities included the resemblance of their gilded logos, in-store light fixtures and respective candy-colored decor. Tory Burch’s lawyer Marc Wolinsky told WWD at the time, “[t]his guy ripped off Tory Burch. His product looks like our product, his stores look like our stores.” Chris Burch's lawyer Andrew Rossman responded that both of the brands’ products reflected “timeless styles that other people invented.” The terms of the settlement remain confidential. However, it is known that Chris Burch still retains an undisclosed stake in Tory Burch LLC.

Second, the Innovative Design Protection Act (IDPA) of 2012 has died in Congress because the 112th Congress has ended and the bill was not passed into law. Fashion continues to remain in exile of the U.S. Copyright regime, perpetuating the knock-off industry. 

Here's hoping that Senator Schumer will reintroduce the IDPA in the next session of Congress.  Designers deserve to be afforded some form of copyright protection. One thing is for sure- the debate over copyright protection for fashion continues.

Third, the Federal Trade Commission (FTC) fined four retailers — Macy’s Inc., Sears Roebuck and Co., Amazon Inc. and Leon Max Inc. — a combined $1.26 million for allegedly falsely labeling rayon products as made of bamboo. I have encountered some major labeling issues as a fashion lawyer and can confirm that the FTC does NOT mess around when it comes to labeling products, especially those meant to be eco-friendly. Their specific guidelines are meant to protect the consumer and prevent false advertising and misleading labeling.

Charles Harwood, acting director of the FTC’s Bureau of Consumer Protection, told WWD “If a textile is made of rayon, sellers need to say that, even if bamboo was used somewhere along the line in the production process.” Sears, including its Kmart subsidiaries, agreed to pay $475,000 to settle the charges, while Amazon agreed to pay $455,000, Macy’s $250,000 and Leon Max $80,000. More posts on FTC apparel guidelines to come.

Last and most recent, John Galliano won the first round of what is sure to be a protracted and intense labor dispute after a Paris court ruled that it was qualified to hear Galliano’s claims against his dismissal in March 2011 after 15 years as creative director at Dior, following a series of public outbursts during which he uttered racist and anti-Semitic insults. John Galliano blamed the remarks on work-related stress. 

Despite the disgrace in Galliano's downfall, complicated commercial contracts remain at the heart-and-center of this dispute. Dior's attorney believes that the Labor Relations Court is not qualified to hear the case, since Galliano was linked to Christian Dior Couture and John Galliano by a multitude of contracts, including several consultancy agreements with Galliano’s company, Cheyenne Freedom. He added that these could not be treated separately from the employment contracts established between Galliano and the two companies, and that he was therefore more an independent contractor than a subordinate. Nevertheless, the Paris court did not seem to agree and it remains to be seen what kind of severance package Dior's former employee will get.

2013 has already proven to be a fruitfull one in the fashion law world. TFG will be sure to be at the forefront of these as well as future cases and developments. 

TFG Exclusive: Style Curator

The Fashion Grid: Moto Tweed

Alexander Wang pullover sweater
lagarconne.com

Maje
$580 - placedestendances.com

Rag bone
amrag.com

Jil Sander wingtip shoes
$830 - ln-cc.com

CÉLINE brown tote bag
portero.com

Proenza schouler
saksfifthavenue.com

TFG Exclusive: Book of the Month

Things have been a little slow here at TFG, but they are about to pick up. I have been working on a number of big projects that I hope to share with our readers in the next couple of months. In the meantime, I wanted to reveal TFG's pick for December's book of the month. Normally, I post about books I have already read. However, given that the holidays are just around the corner, I had to share with you my most recent purchase- a copy of Grace Coddington's memoir, appropriately entitled Grace: A Memoir.

For those of you who are unfamiliar with the creative director of Vogue, Grace Coddington is one of the centripetal forces behind the magazine. She is a key figure in developing the look, style, and feel of the magazine's masterful editorial spreads. Time magazine summed it up best: "If Wintour is the Pope [...] Coddington is Michelangelo, trying to paint a fresh version of the Sistine Chapel twelve times a year."

There has been a lot of buzz surrounding this book. Personally, I became fascinated with Grace Coddington years ago after watching The September Issue. Throughout the documentary, I couldn't help but wonder- who is this talented woman who is boldly challenging the Anna Wintour on her editorial choices? Who is this witty woman who brings up "budget" issues in front of the camera as an admittedly sassy strategy to put Anna on the spot so she would finally give in to Grace's idea? More importantly, who is this talented woman that Anna Wintour ends up conceding to when she decides to keep the images Grace was advocating for in the magazine's final copy of its biggest issue? It's clear there is a long history and ironclad respect between these two fashion power-players. The documentary made Grace Coddington into an icon in her own right. And from the quick excerpt I read while flipping through the book, her wit, down-to-earth, and open attitude come through in her writing as well.

 

The memoir essentially chronicles her 50 years in the fashion industry, from a young model, to editor, and finally to creative director of Vogue.  She compares the fashion world from then to now and how it has changed from a niche industry into a celebrity-oriented, global pop culture medium. She also gives us an insight into her relationship with Anna Wintour, as well as her personal life and relationships. This is one book I look forward to delving into over the holidays. If you're interested in joining me, you can purchase a copy here. 

TFG Exclusive: Fashion Quote of the Day

"If you are true and consistent to your style, dressing becomes so much easier."

-Michelle Ochs, Cushnie et Ochs

The Making of Chanel's Little Black Jacket

A fashion designer friend of mine once said that designing clothes is like any other form of product design, but with fabric. There is a lot of calculated measures and decisions that go into the construction of a garment so that it will fit the curves of the human form. And what better way to illustrate this point than by showing a video of the making of Chanel's iconic little black jacket.

Before Chanel, women's fashion consisted of corsets, long, full skirts, feathered hats, bright colors, and plush, heavy fabrics. Women were treated like and dressed like ornaments. Chanel came in and redefined women's fashion by introducing menswear-inspired pieces like trousers, jersey fabric, and of course, the little black jacket. She wanted the modern woman to be free and comfortable and she made sure every cut, stitch, and seam did just that. Doesn't seem so revolutionary now, but considering the fact that this occured not too long after the turn of the century, her vision was pretty trailblazing. Excuse me as I dork out here, but this video is what true fashion is all about. This is why true designers deserve recognition. With every calculated proportion, measure, and stitch, they bring a vision to life and create something out of nothing. And the truly talented ones, like Chanel, can create something that changes the way people think.