Fashion Business Commons^™

The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza

Pepperdine Law Review

Luxury brands derive their goodwill from the high-class exclusivity and first-rate quality signified in their trademarks. The Trademark Act of 1946, commonly known as the Lanham Act, grants trademark holders the right to control use of their mark. However, under common law, the first sale doctrine restricts trademark protection after holders authorize the initial sale of their trademarked product. Such limitation particularly jeopardizes the luxury industry as trademark holders ultimately bear the loss of goodwill when counterfeit luxury goods enter the market due to the negligence of resellers. This Comment illustrates how blockchain authentication offers all luxury industry participants—the brands, …

Advising 101 For The Growing Field Of Social Media Influencers, Stasia Skalbania

Washington Law Review

The Federal Trade Commission (FTC) protects consumers from unfair and deceptive business practices. In 2019, the FTC released the “Disclosures 101 for Social Media Influencers Guide” (herein referred to as the “2019 Influencer Guide”). The 2019 Influencer Guide outlines advertisers’ and endorsers’ specific responsibilities relating to the advertising and marketing of products on social media platforms. Despite the extensive information provided within the 2019 Influencer Guide, there is still great confusion regarding endorsement disclosure requirements, and many brands and influencers are not in compliance with FTC recommendations. This Comment provides guidance to brands and social media influencers on how to …

The Duality Of Fashion: How Industry Norms Impact Market Returns In The Fashion Industry, Zoe Carter

Chancellor’s Honors Program Projects

No abstract provided.

Made In Bangladesh: The Unethical Treatment Of Sweatshop Workers, Samira Hossain

Emerging Writers

This article examines the treatment of sweatshops workers in Bangladesh, including causes of poor labor practices, and suggests solutions to improve practices.

Appropriation Of Artisans' Intellectual Property In Fashion Design Accessories: Piracy Disguised As Giving Back?, Clovia Hamilton

Technology & Society Faculty Publications

Creative industries are industries focused on the creation and exploitation of intellectual propert, including art, fashion design, and related creative services, such as advertisement and sales. During a trip to Burkina Faso in \Nest Africa, Keri Fosse was taught by an African woman how to wrap newborns with fabric in a manner that creates a strong bond and frees the mother's hands for other tasks. Burkina Faso has a craft culture and is known for its woven cotton and the textile art of Bogolan. Bogolan is a technique original to Mali and involves the tradition of dyeing threads with bright …

Waste Size: The Skinny On The Environmental Costs Of The Fashion Industry, Elisha Teibel

William & Mary Environmental Law and Policy Review

The fashion industry is a web of complex global markets currently valued at $3 trillion that employs somewhere around sixty million people worldwide and is estimated to be one of the most labor-intensive industries on the planet. Over the past couple of decades, the industry has evolved into a highly fragmented sector with complicated supply chains and completely unstandardized production practices, which vary by factory and by country. The most significant facet of the fashion trade is the clothing and textile industry. The current total value of the clothing and textiles trade is estimated at $726 billion and a staggering …

Trends In Fashion Law: Striking The Proper Balance Between Protecting The Art Form And Sustaining A Thriving Online Market, Elisabeth Johnson

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Creating Stability In The International Fashion Industry By Using Corporate Structures And Conglomerates, Joyce Boland-Devito Esq.

DePaul Business & Commercial Law Journal

Abstract:

This paper will analyze the challenges currently facing the global fashion industries as consumers change their shopping habits. During these tumultuous times, retailers should re-evaluate their organizational structures. According to the Forbes Global 2000, apparel companies make up 29 of those top businesses. For instance, a corporate structure helps businesses like TJX Companies (headquartered in Framingham, Massachusetts) – which owns TJ Maxx, Marshalls, HomeGoods and Sierra Trading Post – to operate efficiently and maintain over 1000 stores in the U.S., Canada, U.K., Ireland, Germany, Poland, Austria, The Netherlands and Australia. It sells apparel and home fashions (sheets, pillows, …

The Domino Effect: How Inadequate Intellectual Property Rights In The Fashion Industry Affect Global Sustainability, Cassandra Elrod

Indiana Journal of Global Legal Studies

This note discusses an unexplored problem at the nexus of fashion and intellectual property law: how "fast fashion" leads to unsustainability of global resources and human rights issues pertaining to overseas manufacturing facilities. This unnecessary chain of events could be avoided if fashion designers were granted more substantial intellectual property rights rather than an overall lack of protection. Instead of turning a blind eye to the consequences of consumer demand and "fast fashion," Congress needs to address these issues head on through legislation that mirrors some of the copyright protections afforded fashion designers overseas

Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq.

Journal of Intellectual Property Law

No abstract provided.

Creative Copyright: Tailoring Intellectual Property Policies And Business Strategies For Creative Content Industries In The Digital Age, Bhamati Viswanathan

SJD Dissertations

My dissertation explores intellectual property rights in three fields: fashion, music and education. I examine the varying degrees of IP rights in those fields, and ask whether the differing levels of rights are appropriate to keep these industries creative, innovative and robust. I further examine the salient characteristics of those rights and ask whether such an understanding might help to determine optimal levels of IP protection in other creative industries.

Free Fashion, Ashley M. Marshall

Marquette Intellectual Property Law Review

Our current vision of fashion is viewed as a shared art form that may be enjoyed by all social classes. Fashion encourages a melting pot of collaboration from people that are influenced by creativity. At its core, fashion is innovative and it inspires people to foster that same self-expressive conduit. Traditionally, fashion was a privilege and greatly restricted from certain classes. Indeed, Georg Simmel has proposed that in an open class society, the high class seeks to distinguish itself by adorning distinctive forms of dress, and in turn, the middle class adopts this form of dress to identify with the …

Victoria’S Little Secret, Matthew Deem, Christopher Aiken, Matt Colleen, Matthew Rhoades

MICCSR Presentations

This mini-case outlines a series of articles that ran in Bloomberg outlining the use of child slave labor in the fair trade cotton fields of Burkina Faso that had been used exclusively in Victoria’s Secret products. Giving students and opportunity to develop strategies and tactics that respond to a real-world public relations issue, this case also lets students explore the CSR issues inherent in a firm’s supply chain. Although trying to do the “right thing” Victoria’s Secret got caught up in the certification dilemma that many firms face.

Part II of the video

Victoria's Little Secret: Addressing Child Labor, Andrea Cerna, Michael Lawrence, Eileen Smith, Nicole Winjum

MICCSR Presentations

This mini-case outlines a series of articles that ran in Bloomberg outlining the use of child slave labor in the fair trade cotton fields of Burkina Faso that had been used exclusively in Victoria’s Secret products. Giving students and opportunity to develop strategies and tactics that respond to a real-world public relations issue, this case also lets students explore the CSR issues inherent in a firm’s supply chain. Although trying to do the “right thing” Victoria’s Secret got caught up in the certification dilemma that many firms face.

Part II of video

Victoria's Little Secret, Joe Lawless

MICCSR Case Studies

This mini-case outlines a series of articles that ran in Bloomberg outlining the use of child slave labor in the fair trade cotton fields of Burkina Faso that had been used exclusively in Victoria’s Secret products. Giving students and opportunity to develop strategies and tactics that respond to a real-world public relations issue, this case also lets students explore the CSR issues inherent in a firm’s supply chain. Although trying to do the “right thing” Victoria’s Secret got caught up in the certification dilemma that many firms face.

Letter From The Dean, Lalit Verma

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Enslaved To Fashion: Corporations, Consumers, And The Campaign For Worker Rights In The Global Economy, George Demartino

Human Rights & Human Welfare

A review of Levi’s Children: Coming to Terms with Human Rights in the Global Marketplace by Karl Schoenberger. New York: Atlantic Monthly Press, 2000. 288pp.

Levi’s Children presents a sobering account of the tribulations of a transnational corporation with a heart trying its best to navigate honorably the polluted moral waters of the global economy. San Francisco-based Levi Strauss and Company, maker of the iconic Levi’s jeans and other apparel, sought to maintain a commitment to social responsibility in the face of intensifying financial pressures to do otherwise. Author Karl Schoenberger puts this account to good effect, illuminating the extraordinary …