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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

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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

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Legal Landscape: U.S

Original Design

Original Design

Original Design

Section 1302

Section 1305

Title 17, Chp 13

U.S Code

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•  Internet & Smart Phones

•  “Runway-to-rack” by advanced softwares

Technology

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Technology

•  CAD Copyrights in 3D Printing

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Technology

•  Growth in wearable technology

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Manufacturer Seller

OriginalDesign

Copy

Product Liability

Page 8: Copyright Issues in Luxury Fashion

Ethical Fashion

Nature Workers Consumers

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•  Conscious use of

resources

•  Compassionate

animal treatment

•  Fair dealing

anywhere in the

world

•  Adequate working

conditions

•  Transparent and

complete information

•  Fair prices and service

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“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

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Ethics

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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

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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

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Christian Louboutin vs Yves Saint Laurent

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“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

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Fashion Tech

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+

Page 18: Copyright Issues in Luxury Fashion

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

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

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Page 19: Copyright Issues in Luxury Fashion

Thank You


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