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Copyright Issues in Luxury Fashion

Date post: 05-Jul-2015
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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
Transcript
Page 1: Copyright Issues in Luxury Fashion

Luxury Fashion Alaa Balkhy Rabia Dilara Cumhur Sophia Yuhua Lu Reshma Ramrattan Emine Arikan Ceresa Newsome

Page 2: Copyright Issues in Luxury Fashion

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

Page 3: Copyright Issues in Luxury Fashion

02

Legal Landscape: U.S

Original Design

Original Design

Original Design

Section 1302

Section 1305

Title 17, Chp 13

U.S Code

Page 4: Copyright Issues in Luxury Fashion

03

•  Internet & Smart Phones

•  “Runway-to-rack” by advanced softwares

Technology

Page 5: Copyright Issues in Luxury Fashion

04

Technology

•  CAD Copyrights in 3D Printing

Page 6: Copyright Issues in Luxury Fashion

05

Technology

•  Growth in wearable technology

Page 7: Copyright Issues in Luxury Fashion

06 07

Manufacturer Seller

OriginalDesign

Copy

Product Liability

Page 8: Copyright Issues in Luxury Fashion

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

Page 9: Copyright Issues in Luxury Fashion

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

Page 10: Copyright Issues in Luxury Fashion

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

Page 11: Copyright Issues in Luxury Fashion

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

Page 12: Copyright Issues in Luxury Fashion

12

Christian Louboutin vs Yves Saint Laurent

Page 13: Copyright Issues in Luxury Fashion
Page 14: Copyright Issues in Luxury Fashion
Page 15: Copyright Issues in Luxury Fashion

13

“Models and editors are stylishly dressed while fashion designers are naked, LEGALLY naked.”

Pitch

Page 16: Copyright Issues in Luxury Fashion

14

●  E-Commerce, Digital Platform ●  Brand Protection ●  Better IP rights

Page 17: Copyright Issues in Luxury Fashion

Fashion Tech

15

+

Page 18: Copyright Issues in Luxury Fashion

“Technology and fashion, they are going to MARRY!”

$30 billion wearable technology market in 2018. - Citi research

16

Page 19: Copyright Issues in Luxury Fashion

Thank You


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