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!