It is a smart practice to bring your car to a mechanic for a complete inspection/diagnostic, and the same is true for your business. You should consult with a qualified attorney about your business on a regular basis and request an inspection/diagnosis to help you run the business safely, efficiently, and profitably. The problem is you need to find an attorney who is experienced in all aspects of “fashion law” and who can strategically advise you on best practices.
This year at MAGIC, I am presenting at a Seminar called “ALL THE FASHION BUSINESS LEGAL INS AND OUTS YOU NEED TO KNOW.” While I obviously cannot cover every topic for every company during the presentation, I will touch on the key components of fashion law you need to know. These fashion law topics are also covered in more detail in Call & Jensen’s proprietary “DIAGNOSTIK,” which is a one hour business inspection/diagnostic to identify potential legal areas in need of attention. Among other areas covered in DIAGNOSTIK that I will discuss at MAGIC this year are issues regarding trademark protection, trade dress, copyrights, patents, and licensing.
After organizing and financing your business, your intellectual property (i.e., your trademark brand, logo, look and feel, product designs, copyrights, patents) is probably the most important asset. The various forms of intellectual property in fashion law to protect include graphics on apparel and accessories, textiles, jewelry designs, logos, and other forms of artistic expression used on or in connection with apparel products. Copyright protects the “artistic” expressions of a product. The actual brand is protected by trademark law. Trademarks can include logos, designs, slogans, symbols, and words, and designate the source of a product. Similarly, if the brand has developed a consistent aesthetic over time, then trade dress laws may also protect the brand’s look and feel. For example, if, through extensive advertising and sales efforts, the public has come to associate a certain look with a particular source – say Tiffany & Co.’s little blue box, or Christian Louboutin’s red soled high heels – then trade dress laws may prohibit any copying of that look. Finally, design patent laws can protect the ornamental designs of products that are novel and non-obvious – think a new shoe design or eyeglass frames. Because fashion design – a garment’s cut and assembly – is generally not protected under U.S. laws, some fashion companies are turning to design patents for protection, i.e., Lululemon’s recent design patent suits over a line of its yoga pants.
Once your intellectual property portfolio is developed and legally protected, you will have a significant intangible business asset that is valuable. The value of the intellectual property can increase with a strategic “branding” campaign that may include some form of licensing. The ability to understand licensing is crucial to success. If you look at the top licensing companies in the U.S. – Disney, Liz Claiborne, Major League Baseball, and others – you will recognize or at least appreciate the fact that licensing has allowed brands to expand and increase sales across various categories. If you are looking for opportunities to expand, then licensing may provide the path to success.
Come visit the MAGIC seminar “ALL THE FASHION BUSINESS LEGAL INS AND OUTS YOU NEED TO KNOW” on February 20th at 11:15 a.m.
If you are interested in learning more about DIAGNOSTIK, please contact me. All SIMA members receive a free DIAGNOSTIK.
