In the fashion industry, counterfeiting is both a business and a legal issue. Combating patent trolls can not only take a toll on your client’s wallets, it can also have a massive and long-lasting impact on their brands. Additionally, the international nature of the industry can leave your client scrambling for ways to obtain and enforce their licenses in order to stay relevant in the market. Navigating Fashion Law provides you with an insider’s perspective on addressing and preventing these obstacles. This book outlines the factors that contribute to counterfeiting, the steps to filing a claim, and the biggest concerns surrounding anti-counterfeiting enforcement. Inside, you will find best practices for helping clients register their intellectual property rights, building client brands, and reducing piracy through manufacturing and distribution channels. This book helps you keep up-to-date on the most cutting-edge cases in fashion law, including Louboutin’s Red Sole Heels and Omega S.A. v Costco Wholesale Corp., and understand how trends in the industry, including copyright trolls and wearable technology, will impact your client’s business practices. This book also gives you key tips for protecting licenses using agreements, helping clients comply with the FTC guidance surrounding online advertisements, and developing anti-counterfeiting programs. In this competitive field, Navigating Fashion Law can keep you and your practice up-to-date.
Inside the Minds provides readers with proven business and legal intelligence from leading C-Level executives and lawyers. Each chapter offers thought leadership and expert analysis on an industry, profession, or topic, providing a future-oriented perspective and proven strategies for success. Each author has been selected based on their experience and C-Level standing within the business and legal communities.
1. Marcella Ballard, Partner, Venable LLP -“IP Protection for the Fashion Industry”
2. Stephanie Sheridan, Managing Partner, Sedgwick LLP -“The High Price of Social Media Endorsements: Potential Risks That Retailers Should Consider Before Soliciting Positive Reviews”
3. Paolo A. Strino, Director, Gibbons PC -“Fashion Lawyers Need Cultural Sensitivity, a Broad-Based Knowledge of Intellectual Property coupled with a Global Professional Network”
4. Jonathan D. Goins, Partner, Lewis Brisbois Bisgaard & Smith LLP -“Intellectual Property Design Rights in Fashion”
5. G. Roxanne Elings, Partner, Davis Wright Tremaine LLP -“Anti-Counterfeiting Strategies in the Internet Age and How They Have Evolved From Existing Legal Frameworks”
6. Nathaniel St. Clair II, Partner, Jackson Walker LLP -“Wearable Technology Brings New Concerns to the Fashion Law Arena”
7. Charles Klein, Partner, Davidoff Hutcher & Citron LLP -“Protecting Licensees with Carefully Negotiated License Agreements and Suing Non-Paying Licensees”
Appendix A: Work for Hire Acknowledgment and Assignment Agreement
Appendix B: Work For Hire Agreement Photography
Appendix C: Checklist – Intellectual Property Consideration for New Product
Appendix D: Sample Cease and Desist Letter Concerning Copyright of Sweater Designs
Appendix E: Sample Letter Regarding Use in Commerce of Trademark