Chanel Takes a Licking, But Remains Victorious

Chanel history will show how the fashion luxury brand went from being imitated, to being blamed of forgery....only to be exonerated.

Chanel was charged with forgery (the blasphemy!) four years ago by one of its smaller suppliers World Tricot.

The Wall Street Journal reports that a Paris commercial court has ruled in favor of the legendary design house this past Friday. However, the fashion house was charged with a breach of contract. As a result, Chanel must pay approximately $583,960 to the supplier for Chanel's cancellation of orders. This is a small victory for the supplier, but the French court also awarded Chanel with half that amount for what it called a "smear campaign".

The lawsuit centered around a floral crochet pattern that World Tricot sent to Chanel for consideration, but that Chanel refused to use. Afterwards, the founder of World Tricot spotted a similar crochet design on Chanel clothing. She promptly filed the lawsuit.

While Chanel remained victorious, it was a bittersweet win. The lawsuit centered around a supplier who worked with women from third world countries and focused on female empowerment. As a result of losing its contract with Chanel, the company was forced into bankruptcy.

Ed Hardy's Work Is Now Popular With Pirates

According the New York Times, the infamous tattoo artist's famous designs, style, and even his name are all being targeted by fashion pirates looking to make a quick buck.

The trademark name is actually pulling in more than $700 million dollars a year. This is more than enough incentive for pirates to actually use search engine optimization to their advantage and create dummy websites that mimic Ed Hardy's website:

"Backers of the Ed Hardy name find themselves in a constant battle with counterfeiters who quickly and easily create fake Ed Hardy Web sites, almost indistinguishable from the real sites, and then try to manipulate Google’s search and advertising systems. The end goal is to make sure people hunting for Ed Hardy gear online find the fake goods first, lining the pockets of pirates, largely based in China."

Mr. Hardy was actually quoted by the New York Times as saying, “In the early days in the city, I might do one tattoo and then wait three days to do another. I think it’s funny and totally surreal to see what’s happened.”

It will be interesting to see what happens. In this case, it seems that counterfeiters are actually copying written content from the actual Ed Hardy website word for word. Recent case law has shown that use of a rival's trademark protected phrase as a keyword does not infringe on their mark, but if the ad actually displayed as a featured result has the protected phrase, then there is trademark infringement. According to Google's AdWords and AdSense policy, it is the advertiser's responsibility for the keywords they choose to generate advertisements and the text that they choose to use in those advertisements.

Let's see if there will be some lawsuits filed on the heels of this article!

Professional Updates

I just wanted to let my few dedicated readers know that I have been asked by Thomson Reuters to blog for Findlaw. As a result, I may not be able to post on From Runway to Highway Robbery as frequently as I used to.

I do plan to post as often as I can though. Please come back for more posts that are Fashion or Fashion IP related. I thank you for your wonderful support and look forward to seeing your comments on Findlaw's blogs too.

Is the Grecian Dress The Uniform of the Recessionista?

Leighton Meester in a goddess gown by Bottega Veneta.


It has been a slow week for fashion piracy, but I came across an interesting article in the Wall Street Journal that chronicles the rise and fall of the Grecian dress.

For example, check out Ms. Blake Lively from Gossip Girl in this Oscar de la Renta dress:



Basically the article details how during a a recession, there is a shift in clothing from the ostentatiously ornate construction of dresses to a looser more free flowing look in clothes. This shift signals the rise of the Grecian dress which is typically either one shoulder or strapless. The dress involves pleating and folds which are generally more forgiving to the body. As a result, more women can wear this type of gown:

"Designers say the economic downturn and resulting implosion of the luxury market has resurrected the Grecian dress, which in the last few decades has emerged as the go-to look at times of financial or social turmoil. Valerie Steele, director of the museum at the Fashion Institute of Technology, notes that Grecian dresses were big in the 1970s, after the social revolution of the 1960s, as well as in the 1990s, after the excesses of the 1980s. 'We've been in this time of excess and we're in a clean moment now,' says Zac Posen, who showed Grecian-style dresses in his fall 2009 runway show. 'The Grecian dress is part of that clean moment.'"

One of the things that struck me was the near impossibility of actually being able to claim an IP claim on such a perennial design. When we look at actual silhouettes such as the Grecian dress, strapless dresses, column dresses, and wrap dresses it becomes clear why legislators are loathe to pass a bill that would protect fashion designers.

It is hard to decipher what is piracy and what is a normal fashion fad that is open to all designers and retailers. It will be interesting to notice how many designers will incorporate this trend into their own lines.

Jean Paul Gaultier Sets His Sights on Target

It turns out that all of those rumblings earlier in September were true: Jean Paul Gaultier is doing a collaborative line for the large retailer Target.

According to NY Magazine: "The rumors were true! Jean Paul Gaultier is doing a Target collection. It will hit more than 250 Target stores across the country and Target.com on March 7, and be available through April 11. Gaultier is the third established designer to do a collection for the mass retailer (after Alexander McQueen and Anna Sui) under the Designer Collaboration series. Target makes the designers in this series choose a muse for their collections. McQueen chose Leila Moss, Sui chose the girls of Gossip Girl, and guess what Gaultier chose?

Jean Paul Gaultier for Target pays tribute to the American woman, celebrating the forces of style both past and present in American pop culture, the retailer said."

I am so excited!

While the recession has created a cesspool of knockoffs, it has also spawned the creative versioning of high fashion designers. Fashion is no longer just for a few individuals who can afford it, it is accessible to a more general consumer.

Again, while it is necessary to have a bill like the Design Piracy Prohibition Act passed, I worry if it will hinder this creative process that designers are going through in order to combat piracy. I don't think I have ever witnessed so many talented designers working to create affordable lines (not even during the 1990's recession).

It would be a shame to put all of that to an end once the bill is passed. What do you think?

Lawsuit of the Weak: It's Been UGGly for Kitson

The trendy hipster boutique Kitson which is favored by the likes of Nicole Richie and other young celebrities is filing a lawsuit against the Deckers which are the makers of the infamous Ugg boots.

According to WWD: On Oct. 8, the trendy retailer filed suit against Deckers in Los Angeles County Superior Court alleging unfair trade practices, negligent misrepresentation, breach of implied covenant of good faith and fair dealing, and intentional interference with prospective economic advantage, among other assertions in relation to the retailer’s sale of Ugg boots.

So basically, Kitson is complaining that Deckers engaged in unfair trade practices by selling their products in bulk at lower prices to retailers such as Macy's, Nordstrom and Bloomingdales in the Los Angeles area while they have had to pay full wholesale prices because they are a boutique.

While Deckers had promised price protection and competitive pricing for Kitson, I think that Kitson's allegations go a little too far. The suit alleges that because of bad publicity from podiatrists saying that the trendy boots are not good for the feet; sales have been slow and that Deckers does not take returns.

If you ask me, Kitson needs to take their issues up with their buyer. Once you sign a contract, you agree to its terms. It seems like Kitson should have known what it was getting itself into when it agreed to carry Deckers product.

I guess we will see how it plays out in court now.

Badgley Mischka Embraces Versioning

Badgley Mischka has announced that it will introduce a more affordable line of bridal wear called Mark and James that will be launched in the spring. The dresses reflect the brand's typical light, airy yet elegant design aesthetic as you can see from the photo above.

In other news, the brand is also embracing the HUGE HSN consumer base this month:

(Reuters)

"NEW YORK, Oct. 8 /PRNewswire-FirstCall/ -- Iconix Brand Group, Inc. (Nasdaq: ICON) ("Iconix" or the "Company"),today announced that the Company's luxury brand Badgley Mischka® will be partnering with HSN, a leading interactive lifestyle network and retail destination. Badgley Mischka will launch its exclusive American Glamour collection with HSN during a special two-hour prime-time show featuring Mark Badgley and James Mischka live on the shopping network at 9 PM on November 17.

American Glamour will bring the luxury aesthetic of Badgley Mischka to everyday, attainable fashion. The collection will include apparel, accessories and jewelry at accessible price points. Retail prices will range from $39 to $499. The exclusive new line will convey the key elements of glamour and sophistication that Badgley Mischka is famous for to classic essentials that can transition from day to evening.

Mark Badgley and James Mischka stated,"We are very pleased to be launching American Glamour with HSN. It is exciting to be able to reach out directly to both existing and new customers and offer them glamorous and chic pieces that transition from day to evening easily and are quintessentially Badgley Mischka."

Neil Cole, Chairman and CEO, Iconix stated,"We look forward to working with HSN on this licensing agreement for American Glamour. Mark and James are incredibly talented and we are confident that the collaboration will be a positive one for both HSN and Iconix."

Mindy Grossman, CEO of HSN, Inc. said, "Badgley Mischka is a leading fashion brand and we are thrilled to have Mark Badgley and James Mischka be a part of the HSN family. Through the partnership with HSN, American Glamour will now provide women access to a brand they may not have been able to consider before. HSN is excited to bring such an innovative and well-recognized design duo to the forefront of the home shopping market."

The American Glamour line will also be available online at www.hsn.com
starting November 15."

Jimmy Choo Shoppers Need Coaching

Jimmy Choo is doing a collaboration with H&M. I have written about this collaboration before, but this is the first time I have heard about how shoppers are being prepped for the big day the collection drops in stores!


Racked has put together an article that details how Jimmy Choo and H&M are prepping their shoppers to be courteous: "Please wait in line."

How interesting! While I typically love Jimmy Choo, some of the shoes seem more "working girl" than I would like. What do you think?

Megan Fox Lives Up To Her Last Name

MILAN (Reuters) - American actress Megan Fox will strip down to her underwear for Giorgio Armani's Emporio Armani fashion brand, the Italian design house said on Wednesday. Fox, who starred in the "Transformers" films, follows in the footsteps of "Posh Spice" Victoria Beckham who along with her soccer-playing husband David heads the Emporio Armani autumn/winter underwear campaign.

While this is more fashion related than IP related, I thought it was a juicy tidbit.

It will be interesting to see how she steams up these ads because Armani also signed Cristiano Ronaldo to replace fellow footballer David Beckham. Will there be a possible hookup between the two? Hmmmmm....

Chloé Wins Infringement Case

The luxury brand Chloé has been awarded $7.2 million in damages for an infringement lawsuit that it brought against Mohammed Alexander Zarafshan who allegedly supplied counterfeit items to an online site back in 2006. WWD

Mr. Zarafshan is a Los Angeles supplier. While Mr. Zarafshan was initially cooperative with the lawsuit, he failed to answer the complaint in court. As a result, the U.S. Federal Court entered a default judgment in favor of the brand.

It is another case of you snooze, you lose!

If you get a complaint about trademark or trade dress infringement, you must answer it! This is why there are IP lawyers to begin with. If you fail to respond, it is not going to go away. It will only lead to a default judgment as you have read in my previous posts about the LVMH case. From Runway to Highway Robbery: LVMH Wins Damages In Counterfeit Suit

This recession is just making designers more aware of when their designs are infringed upon which is a good thing. Typically, designers don't bother with lawsuits protecting their work because they feel like they will not prevail (due to lax laws about IP and fashion in the US). However these two cases are just more proof that when pirates steal their work, courts are willing to back them up.

My advice to current and future pirates: Lawyer up because the law about fashion intellectual property will likely change soon and if not, there is always trademark enforcement.

Isabel Marant Opens Store in Soho

Isabel Marant; the label whose bootie launched a thousand knockoffs has announced that it will open a store on the corner of Greene and Broome Streets in NYC's Soho. (WWD)

Fast Fashion is Looking Fashion Forward During This Recession

Fast fashion chains such as Zara and H&M have done pretty well during this global recession, but it seems that the big player in fast fashion is Uniqlo (according to www.forbes.com):

Fast Retailing sees record profit on Uniqlo boom

"Globally, budget fashion retailers like Spain's Inditex's Zara and Sweden's Hennes & Mauritz are weathering the downturn better than mid-priced rivals, but Uniqlo's monthly same-store sales growth have been much bigger than these chains.

The company said Uniqlo stores overseas have been posting strong sales growth, both in Asia and Europe, where it opened a large-scale store in Paris this month.

'The reason for our strong performance is that we have won recognition globally as a new Japan-born brand, different from H&M, Zara and Gap ( GPS - news - people ),' company CEO Tadashi Yanai told a news briefing."

Uniqlo is a chain that provides quality goods such as cashmere sweaters at a more affordable price point.

It is different from fast fashion chains such as Zara, Forever 21, Topshop, and H&M because it does not attempt to sell inspired versions of high fashion. It just sells luxurious basics in every color you can imagine.

"'Fabrics like heat-tech will remain a very niche strength to compete with those Western players who focus only on fast fashion and don't really care about the quality of the fabric as much,' said Jeanie Chen, retail analyst at CLSA, referring to Fast Retailing's fabric that helps keeps users warm."

However Uniqlo has attempted to branch out of its basics to some more fashion forward designs. It is learning lessons about collaborations from chains such as Target and H&M. It is planning on unveiling a collaboration with Jil Sander this month in its stores.

So far Uniqlo has its SoHo store in the United States. According to the article in Forbes, there may be some more aggressive expansion into the United States. Will we be seeing a Uniqlo near you soon?

Recessionistas must be rejoicing everywhere!

UPDATE: Forever 21 Settles With Trovata

It seems that Forever 21 has not arrived...

In the lawsuit we have all been waiting for with bated breath comes.....a little disappointment. While all of us nerdy types were hoping for some type of legal resolution when it came down to legal reasoning for fashion design protection. It seems we will have to wait since Forever 21 has settled the lawsuit with Trovata (please see previous posts).

More details about the settlement soon.

Counterfeits Make an Appearance On The City

(Photo Courtesy of MTV)

Wouldn't it be lovely if all of us had a glamorous job at Elle Magazine where all we did was help stylists, offer ideas about photo shoots and buy purses?

Well Olivia is a pseudo reality star who gets to do just that on the show The City. While most people with a normal pulse would be able to get with the program, it seems that Olivia just does not get it.

On an episode of The City, she is sent by her boss to buy counterfeit bags as part of a lineup of purses for a morning show segment. Instead of getting excited for some time out of the office to do some sanctioned shopping, she whines about how she lives in TriBeca and there have been counterfeit raids.

Obviously, her boss tells her that she is clearly overreacting and needs to do her job. When she actually finds a counterfeit bag seller, she acts like a fugitive (see the picture above). Who knew that counterfeit shopping could feel so illicit? Is it really hard to buy a bag (albeit a fake one)?

Make sure to check out more episodes of The City (these girls seem like professional train wrecks!) I love it!

Lawsuit of the Weak: Coach Vs. Target

Coach is suing Target for $1M over trademark infringement. Coach claims the discount retailer started selling bags that are similar to their Patchwork and Ergo Lines.

"Target is not authorized by Coach to manufacture, distribute, advertise, offer for sale and/or sell merchandise bearing the Ergo designs or the Signature Patchwork designs," the lawsuit said.

The lawsuit includes claims of trademark infringement and unfair competition.

"We are currently looking into this situation and working with our vendor partner," a Target spokeswoman said in a statement Monday. "It always has been - and continues to be - Target's policy to respect the intellectual property rights of others."

This is not the first lawsuit that Coach has filed against Target. They dropped a lawsuit that they had filed against Target back in 2006 when the brand claimed that Target was selling knockoffs at their Florida stores. Target claimed that it bought the purses from a discount retailer and that the bags were legitimate Coach merchandise (Please see above).

NYT's Review of Fashion Includes Knockoffs

Defying Knockoffs and Inviting Them


The article details how Alber Elbaz of Lanvin acknowledges that his work gets copied and how he deals with it:

“I don’t care if people copy me — well, I do care,” Mr. Elbaz said. “For me, I create prototypes. They can copy yesterday but they can’t copy tomorrow.”

Banana Republic Knocks Off Miu Miu's Banana Flat

I was at a local Banana Republic store when I saw a pair of leather flats with jewel embellishments that were arranged in such a way that I felt like it was deja vu.

It then occurred to me that Miu Miu did a banana flat in a gold color (see above) that looks just like the current fall offering at Banana Republic (see above).

Hmmmm seems like Banana Republic is hiring designers who are too lazy to design their own shoes. If you are going to knock off a shoe, at least wait more than a year to do it right? Otherwise you just anger consumers who know better!

H&M Is Rocking Its Collaborations

H&M has announced that Sonia Rykiel will be working on a lingerie line for the fast fashion chain.

According to WWD:

The collection is to be launched Dec. 5 in 1,500 H&M stores worldwide, and also at Rykiel boutiques — the first time a guest designer for H&M will do so. The French firm counts 44 boutiques worldwide, along with 52 shop-in-shops.

In another first, the collaboration with Rykiel will continue into the spring season, with a knitwear line for women and girls, accompanied by accessories. This second collection will be launched in around 250 H&M stores on Feb. 20.

“We wanted something different,” H&M creative adviser Margareta van den Bosch told WWD. “Sonia Rykiel is very Parisian, feminine and playful, so it was an ideal choice.”

I am excited! Jimmy Choo is doing a line for H&M that will be unveiled this November. Perhaps this will entice more people to do a little bit more holiday shopping (or just shopping)?

A Fragrance By Any Other Name Would Smell as Sweet?

Beyonce is used to being the face behind fragrances for Tommy Hilfiger (see above) and Armani. What she is not used to is being slapped with a lawsuit.

The diva songstress has been named in a trademark infringement case between Abercrombie & Fitch and Coty.

The singer was planning on launching a fragrance called Sasha Fierce. Sasha Fierce is Beyonce's performing alter ego.

Abercrombie & Fitch claims that it had sent Ms. Knowles a cease and desist letter in order to prevent her from using this name for her fragrance because the company had introduced its own fragrance called Fierce (a men's fragrance) back in 2002. It had the name registered with the USPTO in 2003.

Abercrombie & Fitch claims that her use of the name Sasha Fierce in the fragrance category will cause a likelihood of confusion for consumers. Knowles filed a letter-of-intent application with the U.S. Patent and Trademark Office in September 2008 for the Sasha Fierce mark in the fragrance category

Coty responded by saying: "We can confirm at this time...that the terms Fierce and Sasha Fierce are not being used as names of a Beyonce fragrance," reports WWD

Fake Karl Lagerfield?

Karl Lagerfield has taken knocking himself to a whole new level by allowing himself to be transformed into a Tokidoki doll. They will be sold for $190 at Tokidoki flagship stores in New York, Milan and Los Angeles along with select specialty stores.

I wonder how long it will take before we see these dolls gracing Canal Street in NYC?

Recessionistas Unite!

The term recessionista seems to be everywhere: from fashion magazines to news articles. But one surprising place would be Volkswagen car ads.

This new embrace of cheap chic has touched us all. It is a global movement to get back basics. It has even affected one of the largest luxury goods market on the planet: the Japanese.

Here is an excerpt of a New York Times article that brings the idea of how deep this recession is to a whole new level:

"Even through the economic stagnation of Japan’s so-called lost decade, which began in the early 1990s, Japanese consumers sustained that reputation. But this recession has done something that earlier declines could not: turned the Japanese into Wal-Mart shoppers."

This is significant because it seems that the only companies that are turning a profit are discount retailers. Even when the Japanese were suffering their own recession, they always made it a point to purchase luxury goods. It does not seem to be the case anymore.

"Now, the Japanese luxury market, worth $15 billion to $20 billion, has been among the hardest hit by the global economic crisis, according to a report by the consulting firm McKinsey & Company. Retail analysts, economists and consumers all say that the change could be a permanent one. A new generation of Japanese fashionistas does not even aspire to luxury brands; they are happy to mix and match treasures found in a flurry of secondhand clothing stores that have sprung up across Japan."

This is a sentiment that is shared by not just the Japanese, but Americans and Europeans alike. The ad above says it all. Why shop at a mall when you can shop in granny's closet?

What does this say for the future of piracy? Will there be a market for knockoff luxury goods if the luxury market is in a decline? Only time will tell.

Once Slave to Luxury, Japan Catches Thrift Bug

Abercrombie and Fitch Gets Slapped With a Lawsuit

The Equal Employment Opportunity Commission has filed a lawsuit on behalf of a Muslim girl who is 19 years old. She applied for a job at Abercrombie Kids but was denied employment based on the company's dress code which states under its Look Policy that employees must wear clothes that are from the company and can not wear the color black. The girl was wearing a black scarf known as hijab (religious covering for Muslim women) during her interview.

Check out the article here:Abercrombie Faces a Muslim-Headscarf Lawsuit

British MSN Money Muses Recession's Effects on Brands

Is John Lewis in danger of devaluing its brand?


This is a really good article about the dangers brands face during the recession.

Annie Get Your Archive

Annie Leibovitz was in danger of losing the intellectual property rights to all of her creative works because of a loan deal with Art Capital Group
For Annie Leibovitz, a Fuzzy Financial Picture

It seems that she worked out a deal with Art Capital Group:

"Annie Leibovitz and her creditor ended a week of negotiation and speculation Friday when they reached a deal that allows the photographer to maintain control of her life’s work."

Annie Leibovitz Reaches Deal With Art Capital Group - Fashion and Retail Business News - WWD.com

Tiffany Sues Westfield In Order to Prevent Brand Tarnishment

Tiffany has announced that it plans to sue the landlord of its Century City location. It is alleging that Westfield Century City's plans to open an H&M will tarnish its reputation as a luxury retailer.

Tiffany said that under its leasing contract with Westfield, Westfield may not rent to retailers "whose merchandise and/or price points are not considered to be luxury, upscale or better by conventional retail industry standards" near the Tiffany store.

According to the lawsuit, H&M is not considered to be luxury, upscale, or better by conventional retail industry standards: "H&M is not a luxury or upscale retailer. H&M is at best characterized as a 'popular-price' mass merchandise clothing retailer."

Tiffany claims that a store such as H&M will actually hurt the image of luxury that Tiffany has worked so hard to create:

"The location of the H&M store will cause irreparable injury to Tiffany's business reputation as a luxury retailer, a reputation that Tiffany has enjoyed and worked hard to maintain for more than a century and a half."

It seems that H&M's masstige appeal with designers such as Karl Lagerfield and Viktor & Rolf do not impress the likes of Tiffany....

Betsy Johnson better be careful or she may not be welcome to shop at Tiffany!

Narciso Rodriguez Gets Top Honor During Mercedes Benz Fashion Week

Narciso Rodriguez was given the honor of being named THE SPRING 2010 "MERCEDES-BENZ PRESENTS" DESIGNER this week. He has been tapped as a favorite of such fashion icons such as Sarah Jessica Parker and Michelle Obama. MBFW

He gained notoriety when he designed the deceptively simple looking bias cut white slip dress that Carolyn Bessette Kennedy wore to her GA wedding to John F. Kennedy Jr.

"It is a great honor to have been chosen by Mercedes-Benz as their Presents designer," said Rodriguez. "We are both dedicated to innovation in design and the highest level of quality."

This announcement is on the heels of speculation that he will be doing a collaboration for affordable fashion with the online retailer Ebay: "I've never sold anything at these kinds of prices," Rodriguez told The Post, noting that the eight pieces in the eBay collection will be offered from $75 to $350 each. "This gets my work to a wider audience." NY Post

Rodriguez said the small collection for eBay -- which may be repeated in seasons to come -- is a way of skirting the demands of creating a permanent, lower-priced line, which typically means "hundreds of pieces and deliveries every month." NY Post

Hmmm I wonder if Ebay is more inclined to push their collaboration with Narcisco now that he has this New York Fashion Week top honor?

Betsy Johnson Wishes H&M Would Call Her

Overheard at Paper Magazine's 25th Anniversary Party by Betsy Johnson: “I would die for a collaboration with Target or H&M. They should call me.”

I would love for Ms. Betsy to do a collaboration with a masstige brand! Call me if you do Betsy!

Hijabi Style....In Exercise Gear

Trust me when I say I know what its like to be invited to go someplace like the beach, get all excited, and then realize that I have nothing to wear....burkini anyone?

When I was on the Brooklyn Technical High School tennis team, I had to wear dowdy sweatpants underneath my tennis skirts. They did not have the cool Lululemon yoga pants back in 1998 (or at least my uncool high school was not aware of them).

I always have to modify my outfits for working out because I want to stay true to my beliefs and convictions; but I also believe exercise is good for the body, mind and spirit.

Well the NYT has done an article that chronicles a huge population of women who like myself, want to workout, cover and still look pretty.

Check it out here:
http://www.nytimes.com/2009/09/10/health/nutrition/10fitness.html

The NYT Gives Tips On the Look For Less

The above image is the typical scene of a New York City sample sale. The New York Times has done an article with respect to finding fashion finds on a budget. I really enjoyed this article and I think you will too:

http://frugaltraveler.blogs.nytimes.com/2009/09/09/bargains-abound-for-the-frugal-fashionista/

The article reminded me of the time that Carrie Bradshaw went to Century 21 (discount fashion retailer) when she had jury duty in an episode of Sex and the City.

New Yorkers are always trying to find the look for less but this NYT article does a great job of gathering those little nuggets of information into one place. Enjoy!

The Jungle Makes Carrie Stumble

Photo Courtesy of John Aquino

Are taping scenes for Sex and the City 2 torts just waiting to happen? Well it seems to be that way if you mix Carrie Bradshaw's penchant for high heeled high end shoes with New York City sidewalks and crazy fans!

While Ms. Sarah Jessica Parker was taping a scene in front of Bergdorf Goodman with her costar Ms. Kristen Davis on Fifth Avenue, an avid fan by the name of Craig Schwartz (aka Radio Man) almost rode his bicycle into her. This scene caused Ms. Parker to trip in her gold Louboutin shoes. Ms. Parker made it back on to her feet just fine, but the paparazzi had a field day with that scene.

You better watch out for those crazies Ms. Parker! In the meantime, those slip and fall attorneys have your back (or legs!).

Anna Sui For Target Collection Debuts Tomorrow: Versioning At Its Best

Designer Anna Sui is collaborating with Target to bring a line that she said was inspired by the show Gossip Girl. The tagline for the line is: "shop Anna Sui for Target. A limited time. At prices to gossip about."

There will be a pop up shop for especially trendy NYC hipsters located at: 54 Crosby St., nr. Spring St.; Th, 9/10 (11–11), F, 9/11 and S, 9/12 (11–8). The bonus of this shop? If you notice the times and dates when the shop will be open, it is far in advance from the official debut of the line in Targets nationwide (Sept 13).

Anna Sui is embracing the recessionista in her and working out her own versioning model. Rather than let other pirates knock off her own work, she is choosing to create a more affordable collection in order to reach a wider consumer base. Her decision to do this coupled with the one of the trendiest shows of the season equals genius!

You Can Find Me on Twitter!

I have always tried to embrace trends, but I admit that Twitter was not one of them. It just seemed too cutesy with its terms; tweet sounded well so saccharine, twitter sounded like an annoying yuppie well yapping.

And then there was the cute image of the Fail Whale. Whenever Twitter crashed, this lovely picture of a whale trying to be lifted by twittering birds would pop up. It all seemed so juvenile to me.

Well, I must say that Twitter is indeed useful. I can keep track of fashion updates in separate columns on my TweetDeck. I can let people who are following me know what I think is an awesome lawsuit or fashion find. It is more useful than I had initially realized.

You can follow me on Twitter if you like. My user name is minara_pr. I will keep you posted on my blog and Twitter!

Fresh New Focus on E-Commerce

It is refreshing to hear that companies are learning that e-commerce is not just for electronics and books. A new approach is for e-commerce to start making items more accessible to the masses (see post about Piperlime below).

Emily Melton has been named a new investing partner for Mayfield Fund. Her approach has been to invest in companies that look beyond the obvious:

"One of Ms. Melton’s fresh perspectives: Instead of focusing on Web companies that hope to draw a lot of eyeballs and make money from advertising, she will look for “real businesses, where it’s not just as easy as getting a bunch of consumers,” she said.
Ms. Melton is particularly interested in e-commerce companies that go beyond selling electronics and books online.

E-commerce sales have held up better than offline sales during the recession, and today’s young adults have grown up online and feel a lot more comfortable buying a wide variety of things on the Web, she said. For example, at Draper Fisher Jurvetson, she invested in MyShape, a site that helps women find clothes for their particular body types." http://bits.blogs.nytimes.com/2009/09/08/mayfield-fund-hires-a-young-vc-for-her-fresh-eye/

Perhaps this is why Gap Inc. is so sure about Piperlime's expansion?

Is e-commerce the new season's black?

Freshly Squeezed: Piperlime Adds Apparel to Its Roster

This just in: Piperlime (www.piperlime.gap.com) is starting to sell apparel on its website. Piperlime is a shoe e-commerce business that was started by Gap Inc. in late 2006.

Piperlime has developed its site in a traditional magazine editorial layout with "guest editors" such as the fashion stylist Rachel Zoe (www.rachelzoe.com) making style suggestions for the current season. Piperlime creates rich pictorials in order to entice its largely female demographic to purchase the high end shoes it purveys.

The site carries an extensive arsenal of labels such as Marc Jacobs all the way to Keds. Some recent offerings in the apparel market are: Paul Joe and Sister and Rebecca Taylor (definitely a must if you love ruffles this season).

LOVE IT!

LV Is on the Fringe With Its Lawsuits

(Image is actually authentic LV bags spray painted with the word FAKE for an art exhibition).

Rather than being content with having a ubiquitous presence in the fashion world and sometimes being on the fringe of art (see above), Louis Vuitton (LV) has pushed the litigation envelope further than I have seen most fashion houses able to do.

In their latest victory over piracy, they have been awarded $32.4 million in damages against an INTERNET SERVICE PROVIDER (ISP) called Akanoc. In the first verdict of its kind, a California jury has found that an ISP can be found liable for contributory trademark and copyright infringement.

The verdict opens the door for a new kind of liability: if you host websites that sell counterfeit items and even if you try to but fail to prevent this activity; you can be held liable.

This case could serve as an example for other ISPs to pay more attention when it comes to "Takedown" notices sent by copyright holders' attorneys complaining about infringement.

Takedown notices are notices that are sent by the attorney of a copyright holder that orders the removal of infringing material on an ISP. This is based on The Online Copyright Infringement Liability Limitation Act (OCILLA), a portion of the Digital Millennium Copyright Act known as DMCA 512 or the DMCA takedown provisions, which is a 1998 United States federal law that provides a safe harbor to online service providers (OSPs, including internet service providers) that promptly take down content if someone alleges it infringes their copyrights.

When Louis Vuitton's attorneys sent these notices to Akanoc back in 2007, they failed to respond. It is because of this failure to respond that they were denied the safe harbor that is typically granted to ISPs because of the OCILLA.

It is most likely why the jury was able to grant LV this award.

LV issued this statement in response to the news:

"We are very pleased that the jury recognized the Akanoc Defendants' contributory liability," said Nathalie Moullé-Berteaux, Intellectual Property Director of Louis Vuitton. "This decision is another important step towards reducing the illegal activity of websites selling counterfeit merchandise and enforcing the rule of law on the Internet."

"The size of this award should make it clear to all Internet Service Providers that they cannot act, or fail to act, with impunity when a trademark owner provides notice that websites hosted by the ISP are selling counterfeit goods," Moullé-Berteaux said. "We believe the size of the damages awarded should serve as a deterrent to other ISPs who may consider ignoring counterfeit trade on the websites they host."

Topshop Works With Freddy For Some Flashdance Inspired Workout Gear

Topshop will be releasing its collaborative line of workout wear with Italian designer Freddy Sept. 1, 2009. As you can tell from the photo of the line above, Jennifer Beals called and she wants her dancewear back. (Please see below)

Gwyneth Paltrow Enters the Fray

Gwyneth Paltrow has decided to enter the fashion industry's world with a collaborative effort for Zoe's Tees that will be sold exclusively in the UK for the retailer Matches .

I am just wondering whether it will bother her if her stuff gets knocked off like it did when Matt Stone appeared in a knockoff of her famous Ralph Lauren pink dress (please see above). Gwyneth has been pretty vocal about her annoyances about that singular dress being knocked off. The only question is; how does someone knock off boring grandma generic clothing? (please see her clothing line below).

LVMH Wins Damages In Counterfeit Suit

While this case may not be the most scintillating, it was a case that served as proof that when you get notice of a counterfeit lawsuit, you should probably respond! LVMH commenced a counterfeit lawsuit against Carducci Leather Fashions, Inc back in 2004 for infringing upon its Epi Leather trademark. As you can tell by the photo above, the Epi Leather trademark is the unique striations in the leather. The leather is cowhide that is dyed all the way through for a durable bag that lasts.

LVMH had settled their suit with Carducci back in 2006. LVMH discovered that Carducci was supplied these alleged infringing items by a company called Bonini Italian Handbags, Inc, LVMH added the corporation to the suit. While LVMH managed to settle out of court with Carducci back in 2006, Bonini failed to respond to the suit. As a result, a default judgment was entered against Bonini.

Judge John Keenan in the United States District Court in Manhattan entered the default judgment which included $100,000 per infringing item for a total of $400,000 in damages as well as close to $6,000 in attorney's fees.

The case was closed on August 19, 2009.

When Designers Can't Beat Them, They Join Them

Rachel Nasvik is a designer who has taken an unorthodox approach to piracy....she has joined forces with the pirates themselves. She has teamed up with certain purveyors of knockoffs in places such as Broadway and Canal Streets in order to sell her AUTHENTIC wares....at KNOCKOFF prices.

Ms. Nasvik works with her own marketing team in order to tell her followers on Twitter where her authentic wares will be for that day. While Ms. Nasvik suffered a loss for selling her own wares for ten dollars a piece, she was amazed at how many fans and followers she had. From the first tweet, it only took 8 minutes for her eight bags to be sold. That meant that there are a lot of people who are following Ms. Nasvik's tweets about her brand.

Her move also created brand awareness. The fact that people considered her line of bags well known enough to be knocked off is a marketing feat not accomplished by many.

You can check out Ms. Nasvik's line of bags here:

www.rachelnasvik.com

It Seems Like Everything You See In Vegas Is Fake

It seems that Chanel Inc. thinks that not all things in Vegas glitter with equal glitz and glam. They are slamming a lawsuit in Nevada against a Las Vegas based company called Top Modea Purses Inc.

Chanel Inc. says that Top Modea Inc. had infringed on its trademark through advertising and selling counterfeit purses that carry the Chanel trademark logo. The company also claims that there is likelihood of consumer confusion (potential Chanel customers may be scammed thinking that they are buying the "real deal") and also trademark dilution (the quality of the purses and wallets sold with the infringing logo are of inferior quality compared to the actual Chanel merchandise).

"Defendants' counterfeit goods are of a quality substantially different than that of Chanel's genuine goods," the document submitted by Chanel Inc claims.

"The net effect of the defendants' actions will be to result in the confusion of consumers who will believe the defendants' counterfeit goods are genuine goods originating from and approved by Chanel."

You can read the actual document submitted by Chanel Inc here:
http://media.lasvegassun.com/media/pdfs/blogs/documents/2009/08/06/chanel0806.pdf

Prevalence of Counterfeits Inspire a Museum

(Photo Courtesy of Christian Science Monitor taken by Tibor Krausz)

Attorney Clemence Gautier of Tilleke & Gibbins, a Bangkok-based international law firm specializing in intellectual property theft poses with some counterfeit goods. The law firm is trying to raise awareness about the wide array of counterfeits with its own museum in Bangkok.

The museum is called the Bangkok's Museum of Counterfeit Goods. It features over 1,500 items that range from knockoff chocolates to knockoff scooters. The law firm hopes that the museum which is incorporated into their office in Bangkok will serve to educate individuals about the dangers of piracy.

Gautier and her colleagues want consumers to know that by buying knockoffs, they are contributing to criminal gangs that use child labor, and use their profits from counterfeits to fuel drug rings, prostitution and a myriad of other crimes.

Since the recession has hit, the sales of counterfeit goods has increased steadily. It is likely to hit the trillion dollar mark by the end of this year and has been more profitable than the drug industry for a few years already.

The scary thing is how many items are knocked off. It ranges from toothpaste to sneakers. Sometimes these knockoffs can mean the difference between life and death. When individuals inadvertently buy knockoff drugs, they can suffer if those drugs are not what they seem.

Interpol has reported that profits from knockoffs support terrorist groups: "North African radical fundamentalist groups in Europe, al-Qaeda and Hizballah all derive income from counterfeiting," John Newton, an Interpol officer specializing in intellectual-property crime, told the London Times in 2005 when it came to light. "This crime has the potential to become the preferred source of funding for terrorists."

"Statistically, 1 out of every 10 products on sale is a fake," says David Lyman, the firm's American chairman.

This statistic is a global one. It is not a matter of just well established companies trying to save their profits, but it is a matter of consumer protection. When you protect the market from illicit knockoffs, you protect the consumer who may not necessarily be aware of that he/she are buying.

AAFA Rallies Against the Proposed Design Piracy Prohibition Act

(Photo by Getty Images)

The American Apparel and Footwear Association has voiced concern over the proposed Design Piracy Prohibition act in a letter to members of the U.S. House and Senate Judiciary Committees. AAFA cites that the recession has already hurt this industry. If the House and Senate pass this piece of legislation, it may threaten to make things worse:

"When consumers are faced with tough economic choices, clothes and shoes are often the first thing they stop buying,” said AAFA Board of Directors Chair Carol J. Hochman, CEO of Triumph Apparel Marketing. “This legislation does nothing to help the consumers and apparel and footwear producers who are hurting in this financial downturn. In reality, this bill would raise the cost of apparel and footwear, reduce consumer choice, and prevent stylish goods from getting to store shelves. This week's letter is important because it shows our nation’s decision makers that this bill is lose-lose for everyone."

AAFA tries to make it clear that while they do not support this proposed piece of legislation, that they do support the intellectual property rights of designers:

"If this bill provided any meaningful intellectual property protections for the fashion industry as supporters claim, why are so many industry mainstays against it?" asked Peter J. Gabbe, COO of Carole Hochman Design Group and former AAFA Board of Directors Chairman. "Our industry fully supports strong intellectual property protections, but this bill fails to provide any. The only protections it provides are for the established and well-recognized designers who have the legal resources to stave off any competition while holding a monopoly on inspiration."

I don't think I necessarily agree with AAFA's claim that most people in the fashion industry are against this proposed piece of legislation. When you have an organization with members such as Tommy Hilfiger and Michael Kors (who was caught in a knockoff lawsuit), it is easy to understand why AAFA is against it. If your constituents are profiting off of knockoffs of other designers, why in the world would you want to pass legislation that would prevent you from making money?

NYC's MTA Make a Big Deal About Branding

While I generally try to stay neutral about my blog posts, I am moved to write a little more passionately about this particular news piece. For those that do not know, I am a practicing Muslim woman. As such a woman, I wear a simple piece of garment on my head known as hijab. I do so not to create a political statement, because I think it looks cool, my father/brothers/husband forced me, or any other random reason. I do it because I believe in it.

It saddens me to see that the Metro Transit Authority (MTA) in my hometown of New York City has made a big deal about this in regards to its own employees. I am a supporter of branding, but when it singles out certain individuals and seems to be blatant bigotry, I am not a fan:

"Backed by a majority of the City Council, transit workers who wear turbans for religious reasons demanded Tuesday that their MTA stop forcing them to put its logo on their headwear.

'This policy is as backwards as you can possibly imagine,' said City Councilman John Liu (D-Queens) at a press conference at City Hall. Liu was one of 27 City Council members who sent a letter to New York City Transit, urging a policy change."

It is important to note that this particular MTA practice allows other workers to wear non branded baseball caps and yarmulkes. The branded headwear is geared towards women who wear hijab or Sikhs who wear turbans. You can read the rest of this news story at:

http://www.nydailynews.com/ny_local/2009/06/16/2009-06-16_turbanwearing_transit_workers_demand_mta_.html

Trovata Strikes Back

The lawsuit is not over yet. A court date has been tentatively scheduled in October. Both sides have confirmed that the retrial will take place some time in October. We will see whether Frank Colucci's arguments that Forvever 21 violated Trovata's trade dress rights will prevail. Stay tuned!

Another Reason To LOVE SCOTUS Appointee Sotomayor!

While the mudslinging for the Supreme Court of the United States nominee has been tough, I found another reason to love Sonia Sotomayor. She used to be an intellectual property rights attorney. And she was not just any IP attorney: she used to fight against counterfeits for Fendi! Not only did she do corporate work, but she loved chasing after the bad guys:

"I was crouched in the van, waiting for things to clear up, and Sonia goes running out with the investigators," Skulnik said. "She got a thrill out of the cops and robbers stuff. It's not something you expect to see from a corporate attorney."

Check out the rest of the article on Hon. Sotomayor here:

http://www.law.com/jsp/article.jsp?id=1202431039295

I am excited about the SCOTUS getting some action now!

NYT Introduces Me to An Artistic Genius

Artwork by Cyril Duval, better known as Item Idem.

I was perusing the New York Times when I noticed this little blurb by Horacio Silva about the artist Item Idem. His artwork deals with trademarks and pop culture. The photo above is from the artist's website.

You can read the NYT blurb here: http://www.nytimes.com/2009/06/07/fashion/07moment.html?ref=fashion

DVF Settles For Mercy

Diane von Furstenberg has reached an out of court settlement with the designers from the label Mercy. Mercy is a Canadian designer label. The two designers of Mercy are Jennifer Halchuk and Richard Lyle. They brought a claim that style elements from a jacket in their collection were used by Ms. von Furstenberg in the Garden Zaria jacket in her recent Spring collection.

When the similarities between the jackets was initially discovered, Ms. von Furstenberg issued a public apology and reached out the designers directly in order to resolve the matter. The designer on her team that had introduced the jacket was fired.

The designer Jennifer Halchuk appreciated these measures: “I greatly appreciate DVF coming forward to resolve this issue in a such a forthright manner and for acknowledging our ownership of the jacket design. We are very pleased to have successfully resolved this dispute in a manner that protects our design.”

Ms. von Furstenberg is well known in the fashion industry to for lobbying in favor of the Design Piracy Prohibition Act which is a proposed piece of legislation that would enable fashion designers to protect their works as copyrighted works for a period of time.

“While this is an isolated instance for DVF, it is unfortunate that way too many others intentionally build businesses by stealing the work of other designers,” said Ms. von Furstenberg. “The design process is vulnerable and in need of urgent reform so companies like Mercy can be protected. Now is the time to pass the Design Piracy Prohibition Act, and we must all do a better job teaching the next generation of designers and the thousands of designers who work in industry that copying is wrong.”

Stella McCartney Inks a Deal With Gap, Inc.

Gap, Inc. has announced a deal with Stella McCartney to create collections for its Baby Gap and Gap Kids lines. The collections are slated to be launched later this year in its stores in the U.S., U.K., France, Japan, Ireland, Canada, and on its website.

While McCartney has said she has always wanted to design clothing for children, this will be her first foray into this market:

'For years I’ve wanted to create a collection for kids,' McCartney said. 'It’s something I’ve often been asked about. I believe that this one-off collaboration will be a great way for customers to be able to participate in the Stella McCartney brand. I believe that kids’ clothing should be more accessibly priced, which is particularly important at the moment, given the current climate.'

I applaud Stella McCartney for viewing this current market as an opportunity to reach out to a larger consumer base. As I have written before, I support legislation which protects designers' creative intellectual work but I do think that designers can work with consumers by versioning.

Versioning provides a decent solution to piracy by allowing designers to create pieces that are their own creative work at lower price points (Target and H&M work with designers all of the time to do this). This allows potential counterfeit goods consumers to purchase legitimate designer wear at a price point that the consumer can afford. It allows the designer to profit from mass production rather than giving pirates more incentive to create knockoffs. It also allows smaller trendier designers to get more of a consumer base so that they are not put in the position that Trovata found itself in.

Translation: The more consumers are aware of your name, designs, and style, the harder it is for places like Forever21 knockoff off your work. Smaller designers can claim trade dress more effectively because likelihood of consumer confusion would be more apparent.

I can't wait to see what Stella churns out for Gap!

Forever 21 Case Ends in Mistrial

It seems that the culmination of the trial we have all been watching ended in a little bit of a letdown a few days back. While I actually knew about the trial earlier, I have been busy with non blogging things.

Here is what the rest of you may have missed (from The WWD Blog):

"After two years of legal wrangling, days of testimony and thousands of pages of court documents, Trovata and Forever 21 are back at the starting line because of a mistrial over allegations the cheap-chic retailer knowingly copied Trovata's designs.
The conclusion of the trial, which had the potential to clarify intellectual property rights in a time when knockoffs of runway looks often find their way into specialty chains before the originals, didn't bring closure, but Trovata accomplished what design houses with bigger budgets and bigger names could not. It forced $1.7 billion Forever 21 into court to answer questions about mimicking looks from designer collections.

And the game isn't over. Trovata has indicated it will seek a new trial.

The juror on the panel of six men and two women who blocked a Trovata win spoke with conviction after the mistrial. Stephen Sharp said design elements in Trovata garments weren't widely known and, therefore, any similar merchandise in Forever 21 stores didn't confuse the public about the brand.

'The jury is placed under difficult circumstances to be ad hoc fashion experts and the law is somewhat vague and contradictory,' he said. 'There is no impartial body analogous to the patent office. All of these things made it a difficult exercise to go through.'"

I wish Trovata all the best. This trial indicates the absolute necessity to have at least some minimal protection for designers. It is because U.S. law is so opposed to designers' rights (because of the fear that it will inhibit growth in the market) that designers such as Trovata have to argue under trade dress (which may not be the most convincing argument).

Forever 21 Plays the Dumb Card In the Final Hour

Forever 21 had been slammed with a lawsuit by the label Trovata. As you can tell from the photo above, there is an uncanny similarity between its t-shirts (top row) and Trovata's (bottom row). Trovata is a smaller design label that has a cult following for its prepster look with an edge.

It has taken Trovata two years to bring this case to court (Federal District Court in Santa Ana, CA). Closing arguments were today.

Forever 21 introduced its potentially infringing articles back in 2007. The trial commenced two months ago and today was closing arguments. This is one of the first cases where a jury will decide whether or not Forever 21 has been illegally pilfering other designers' creative works (designs). What is unique about this particular case is that unlike previous lawsuits against Forever 21, Trovata is arguing its case under trade dress protection versus copyright protection.

There is very little protection for designers' creative works under copyright law in the United States which is why many of them are lobbying for the Proposed Design Piracy Prohibition Act.

Trade dress involves visual appearance of a product or store that creates a link in the consumer's mind to a particular brand (ex: Abercrombie case).

Trovata attorneys are attempting to argue that Trovata's unique placement of various buttons, decorative seamwork, and labels (which Forever 21 has copied) are being infringed upon by Forever 21.

Forever 21 admits that its garments do look similar but argues that Trovata's garments are not unique enough to warrant trade dress protection:

“Trovata is claiming that certain button patterns and stripes on a sweater would cause consumers to associate the garments with its brand, but there is no evidence to suggest that consumers would be confused,” said Bruce Brunda, an attorney for Forever 21. “Forever 21’s products are only sold in Forever 21 stores and are labeled with Forever 21’s brand. The design features on the Trovata designs are rather generic and are not protected by copyrights.”

Forever 21 has a long history of knocking off other designers. It seems that the company's litigation history may help decide the outcome of this case:

In a March 13 order in the case, U.S. District Court Judge Michael Dolinger in Manhattan reprimanded Forever 21 for deceptive conduct during the discovery phase. He added, “We note the extraordinary litigating history of this company, which raises the most serious questions as to whether it is a business that is predicated in large measure on the systematic infringement of competitors’ intellectual property.” Forever 21 is willing to endure these lawsuits and continue to use other designers' work because it is extremely profitable for the company. If you just flip through any fashion magazine, you can see recession inspired pages of "Splurges and Steals" which pair high fashion with uncannily similar Forever 21 products. Consumers want to access high fashion at low price points. Forever 21 caters to those desires.

The cofounder of Forever 21 played dumb while she testified about her company's profits, practices, and its officers: "Asked by Colucci whether she would be 'surprised' if Forever 21’s sales exceeded $1.5 billion annually, Chang responded, 'Yes, it’s surprising. I didn’t know.' She could not identify her officers, she said she had never even heard of Trovata until her company was used by them.

In closing arguments today, both sides rallied hard. Frank Collucci, the attorney for Trovata has a hard case to make from the legal side. While it is easy to see that their designs have been copied by Forever 21, there is no legal protection unless the average consumer can link those particular "looks" in the garments shown above with the label Trovata. Keep in mind that Trovata is a smaller label that is not well known to the average Forever 21 shopper. If the court rules in favor for Trovata, it would mean that large discount fashion chains such as H&M, Uniqlo, Zara and Mango would have to start creating their own creative designs rather than zipping through their copies of Women's Wear Daily.

American Apparel Needs To Repent (To a Rabbi?)

*Photo courtesy of Getty Images*

I outlined Woody Allen's lawsuit against American Apparel back in April 2008. Woody Allen was just outraged that Dov Charney from American Apparel would have the gall to use his image for commercial purposes without the actor's permission: "They're not classy," Allen said. "If I'm going to do a commercial, it would have to be for, as I said, a large amount of money, it would have to be very clever, kind of witty or intellectual-style commercial, and it would have to be for a product that would enhance my image." The lawsuit was over billboards put up by American Apparel of Woody Allen dressed as a rabbi from his movie Annie Hall. Charney claimed that the lawsuit was silly at the time.

It seems that Allen's ten million dollar lawsuit was not as silly as Charney thought it was. Allen has agreed to settle his lawsuit for five million dollars. Charney remained unrepentant because he felt the advertisements expressed his feelings of negative marginalism. He claims that the insurance company that deals with American Apparel forced him to settle: "I'm not sorry of expressing myself," he said.

Charney said he hoped that the lawsuit would not affect Mr. Allen's feelings of him personally: "We would never try to malign the dignity of Mr. Allen," he said. "I have respect for Mr. Allen. ... I hope to meet him on more friendly terms at a different point."

Looks like clothing companies need to be more careful about using celebrity images...like I pointed out in my earlier post about this case, misappropriation never pays. It is easier to get permission than to use first and then pay out.

No Mercy for DVF

After championing copyright rights for fashion designers under the proposed Design Piracy Prohibition Act, Diane von Furstenberg has done the unthinkable....she has ripped off a fellow designer's work. Her Garden Zaria jacket pictured left looks eerily similar to the label Mercy's floral silk jacket pictured on the right.

The irony of it is that the original jacket by Mercy costs $300 while the DVF knockoff version costs $1,000. Diane von Furstenberg has agreed to compensate the designers of Mercy for this. She says: "I am devastated. But this can be a lesson for everyone... I will do what is necessary to do, and if indeed there was an infringement, I will compensate and will use this example to make sure this doesn't happen again - not just for me, but for everybody."

The designer who copied the design on her staff has been fired. I wonder if this will serve as ammunition for groups lobbying for the proposed legislation? Will DVF recover from this fauz pas? It does seem hypocritical to lobby for design copyrights when you are ripping off small designers right?