Fashion Law


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Fashion Law - Guide to Fashion Law



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Fashion Law covers several legal issues of which the two major deal with the protection of intellectual property rights of designers and the criminal aspect of counterfeiting fashion designs. Some designers of the high end fashion industry such as Coach, Gucci, and Louis Vuitton have seen their brand names associated with imitations.

Fashion Law - US

  • AAFA - Anti-Counterfeiting and IPR Issues

    Congress and the Administration continue to be active on efforts to strengthen intellectual property rights (IPR) protection and enforcement. A law (PL 109-81, Stop Counterfeiting in Manufactured Goods) that was enacted in March 2006 to provide tougher penalties for the trafficking in counterfeit hangtags and labels has already had some results and will continue to help law enforcers prosecute counterfeiters.

  • Design Law in the European Fashion Sector

    Following the entry into force of the Geneva Act of the Hague Agreement in the European Community, Dr. Fridolin Fischer, an attorney-at- law in Zurich, Switzerland, and author of “Kleidermode – Phänomen ohne Rechtsschutz?”, an analysis of legal protection for fashion designs, discusses in this article for WIPO Magazine the relevance of design law in the fashion sector.

  • Design Piracy Prohibition Act

    An Act to amend title 17 to the United States Code, to extend protection to fashion design, and for other purposes.

  • Innovative Design Protection and Piracy Prevention Act

    Senator Schumer has introduced a new fashion design protection bill called the Innovative Design Protection and Piracy Prevention Act. The bill represents a compromise as compared to its highly problematic predecessor, the Design Piracy Protection Act (DPPA) which would have put 90% of independent designers out of business (and me along with them). The proposed new bill represents a compromise between the AAFA and CFDA. We also have your voices and advocacy to thank for making this possible.

  • Stop Counterfeiting in Manufactured Goods Act

    Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive.

  • United States Copyright Office - Protection for Fashion Design

    The Copyright Office submits this written statement to the House Subcommittee on Courts, the Internet and Intellectual Property in connection with the Subcommittee's July 27, 2006 hearing on H.R. 5055,

  • United States Patent and Trademark Office

    The United States Patent and Trademark Office (USPTO) is the Federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the Executive branch "promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries."

Organizations Related to Fashion Law

  • American Apparel and Footwear Association (AAFA)

    The American Apparel & Footwear Association (AAFA) is the national trade association representing apparel, footwear and other sewn products companies, and their suppliers, which compete in the global market.

  • Arts of Fashion Foundation

    The new challenge for the American fashion industry as well as for education would be the adoption of a copyright law for fashion design with the Design Piracy Prohibition Act.

  • Council of Fashion Designers of America (CFDA)

    The Council of Fashion Designers of America, Inc, (CFDA) is a not-for-profit trade association that leads industry-wide initiatives and whose membership consists of more than 350 of America’s foremost womenswear, menswear, jewelry, and accessory designers. In addition to hosting the annual CFDA Fashion Awards, which recognize the top creative talent in the industry, the organization offers programs which support professional development and scholarships, including the CFDA/Vogue Fashion Fund, the Geoffrey Beene Design Scholar Award, the Liz Claiborne Scholarship Award, and the CFDA/Teen Vogue Scholarship. Member support is provided through the Business Services Network, a high-profile group of companies offering designers strategic opportunities.

  • Fashion Law Center

    The world of fashion may soon be substantially transformed by Congressional passage of a proposed new law known as the U.S. "Design Piracy Act." As every fashionista knows, the fashion industry thrives on trends and therefore on imitation. The question frequently arises, how much is too much? When does "inspiration" verge on theft? That Diane von Furstenberg knockoff you saw for sale at Forever 21 – is that legal? Today, U.S. law differs markedly from European Union law in that the U.S. does not provide for the legal protection of fashion designs. While certain elements of a garment or fashion item may be protected (trademarks, fabric prints, and accessories, for example), the actual design of a garment cannot be protected.

  • Harper's Bazaar - Fakes are Never in Fashion

    Thinking of buying a fake? Get real. The Harper’s Bazaar Fakes Are Never In Fashion™ campaign is dedicated to exposing the criminal activities connected to the sale of counterfeit luxury goods—child labor, drug trafficking, and even terrorism.

  • International Anti-Counterfeiting Coalition

    The International Anti-Counterfeiting Coalition is the world's largest non-profit organization devoted solely to protecting intellectual property and deterring counterfeiting. Our membership spans from automotive, apparel, luxury goods and pharmaceuticals, to food, software and entertainment. From the small privately owned companies to large multinationals, we share one common goal–to combat counterfeiting and piracy.

  • My Authentics

    Myauthentics.com is the new website from The Authentics Foundation for all the latest counterfeiting news. Here you will find accurate information on how to spot fakes on the high street so you can make smart, safe choices. We also want to let everyone know about the issues surrounding counterfeiting and how it affects you on a daily basis. Take a look around the site to find out more about what we do and how counterfeiting affects you!

  • Stop Fashion Piracy

    Design piracy, the blatant copying of another's designs, is akin to counterfeiting without affixing the fake designer label. Sadly, because of a lack of adequate legal protection, design piracy has become a way of life in the fashion industry in the U.S. Design piracy is unfair to designers and is detrimental to competition within the fashion industry. It effectively allows others to plagiarize the original designer's creative ideas and reap the benefits of the creator's labor and assumption of risk.

Articles on HG.org Related to Fashion Law

  • The Stamp War - Shoot Five: Gaylord v. United States
    In litigation that already has lasted nearly twice as long as the war itself, volleys are still being fired over the copyright for a portion of the memorial to a war that ended in armistice and not peace. On May 14, 2012, Gaylord v. United States was remanded by the U. S. Court of Appeals for the Federal Circuit to the U. S. Court of Federal Claims for another shot at determining the amount of damages, the fifth courthouse battle in this protracted campaign.
  • Open Wi-Fi Network Owner Not Liable for Copyright Infringement - Malta
    In a recent ruling, a Finnish District Court held that when an act of copyright infringement takes place through the use of a person’s open Wi-Fi network, by somebody other than the owner of the network, that same owner cannot be held liable for the infringing acts. The case was brought by the Finnish Anti-Piracy Centre, a coalition of intellectual property right holders. They collectively sued a woman who owned the network for €6,000.
  • European Pirate Party Speaks Up about ACTA - Malta
    With discussions on ACTA slowly reaching a point, a group of MEP’s known as the European Pirate Party (EPP) recently also issued their stance in regard to the trade agreement. In reply to the controversies that arose over the last months, the EPP released a 107 page eBook entitled ‘The Case for Copyright Reform’. The scope of this eBook is to make clear the EPP’s vision regarding the reconciliation of copyright protection and the widespread reality of digital sharing through the internet.
  • Copyright: The Next Generation - Australia
    Broadband is a game changing development and policy-makers are still in “catch-up” mode. Legislatures and courts have so far taken a fairly traditional approach to dealing with the protection of online copyright works. Ultimately, it is expected that creative creators will continue to think outside the square to develop new business models – and that this group will manage to stay “ahead of the curve” when it comes to generating value (and new revenue streams) from their creative efforts.
  • Copyright in Cyprus
    Copyright is a right granted to the creator of an original work to exclusive use of that work for a period of time limited by law. In Cyprus copyright is governed by the Copyright Section of the Department of the Registrar of Companies and Official Receiver. The governing laws are: N.63/77, N.18(I)/93, N.54(I)/99, N.12 (I)/2001, N.128 (I)/2002, N.128 (i) 2004 and N.123 (I) 2006.
  • Patent Protection - Cyprus
    A patent is a right to ownership of an invention granted to the inventor by the government. It allows the patent owner exclusive use of (and the right to license out use of) the invention in return for revealing it to the public domain.
  • Action for Infringement of Trademark - Cyprus
    The logo, symbol or design of a company is a commodity that serves to distinguish the goods or services of one company from those of its competitors. Once created, a trademark can be registered and will enjoy an initial seven-year period of protection from the date of filing of the application, which is renewable every fourteen years thereafter.
  • Registering a Trademark
    A trademark is a distinctive sign or indicator that is used by a business or an individual to distinguish his goods or services from others on the market. The trademark will be unique to that business or individual and will serve to identify the source of the goods and services. A trademark may consist of: words; signs; symbols; logos; pictures; shapes; colours; letters; phrases; designs and images or a combination of such elements.
  • Trademark Infringement Issues in China’s OEM Business Model
    OEM (Original Equipment Manufacturing) also referred to as “label manufacturing” or “label processing” in China involves a business model in which an overseas product owner (“consignor”) engages a domestic manufacturer (“consignee”) to manufacture products on which a foreign trademark owned by that consignor will be labelled.
  • VGP is Partnership of the Software Copyright Protection Propaganda Campaign in Vietnam
    The Inspector of Ministry of Culture, Sport and Tourism, and the Business Software Alliance (BSA) has made The Software Copyright Protection Propaganda Campaign. The campaign is launched on 5/10/2011 in Hanoi and on 5/12/2011 in Ho Chi Minh and authorize Mr. Vu Manh Hung – Industrial Property Attorney, belonging Vugia and Partner, to make propaganda to IT shops across Vietnam for enhancing knowledge of law as well as provide Poster of campaign.
  • All Business and Industry Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Business and Industry including: agency and distributorship, agency law, business and industry, business formation, business law, commercial law, contracts, corporate governance, corporate law, e-commerce, food and beverages law, franchising, industrial and manufacturing, joint ventures, legal economics, marketing law, mergers and acquisitions, offshore services, privatization law, retail, shareholders rights and utilities.

  • All Intellectual Property Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Intellectual Property including: copyright, domain names, licensing law, patents, trade secrets and trademark.

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