FROM UNDERSTITCHING TO UNIONS: An Inside Look at SAG-AFTRA with Karen Espinosa

Join Fashion Law Mapping at FROM UNDERSTITCHING TO UNIONS:  An Inside Look at SAG-AFTRA with Karen Espinosa at Florida International University College of Law tomorrow! As a budding fashion designer, you may have questions about the legal implications of working with a SAG-AFTRA member, complying with SAG-AFTRA obligations, or understanding the collective bargaining agreement language needed in applicable contracts. Or, as a fashion law hopeful, this is a great way to learn more about the industry and network!  Karen Espinosa of SAG-AFTRA will discuss the purpose of the organization and how it negotiates contracts. Please check back on the blog for a recap of the event!
Date: Wednesday, April 19, 2017
Time: 10:30 AM
Room: RDB 2001

Gucci Unveils All Black Cast for its Pre-Fall 2017 Ads

Gucci Unveils All Black Cast for its Pre-Fall 2017 Ads

Gucci launched its Pre-Fall 2017 Campaign with an all-black cast of models and dancers titled “Soul Scene.” The campaign takes inspiration from ’60s influences such as England’s Northern Soul movement, which was sparked by black American soul music.  The Soul Scene video was shot at the Mildmay Club in London.

In its January 2017 teaser video,  Gucci asked model hopefuls, “What does it mean to have soul?”  According to Gucci, “Soul Scene [is] an exploration of the flamboyance and self-expression of men and women who challenge the conventions of society through performance, art and dance.”

Coming after the likes of Naomi Campbell‘s discontent with the lack of diversity in the fashion industry, will this new campaign add to the conversation about the importance of diversity in the industry? Did Gucci get it right? Only time will tell.

But for now, check out the work captured by photographer Glen Luchford to see more of the collection!

 

Image Source: Flickr 

Event: ASK a Startup Lawyer Fashion Edition Today

ASK a Startup Lawyer Fashion Edition in Miami Todaypexels-photo-94777               Join Fashion Law Mapping at Ask a Startup Lawyer Fashion Edition event in Miami, Florida today. As a budding fashion designer, you may have questions about the legal implications in the industry such as should you trademark your name to how to handle a joint work agreement. Or, as a fashion law hopeful, this a great way to learn more about the industry and network! Jessica Shraybman, esq. of Salmon Legal will be answering questions. Do you need another incentive? Enjoy free wine provided by Venture Cafe Miami!

This event would not be possible without the support of Arts Business Council of Miami and Fashion Inspires More. Don’t miss this fashion-filled event! I know that I won’t! Check back on the blog for a recap of the event.

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Guest Post| Battle of the Bangles: Cartier Love Bracelet Copied?

Guest Post| Battle of the Bangles: Cartier Love Bracelet Copied?

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Today’s guest post comes from third-year law student, Jordan Franklin. Jordan and I met at the Black Entertainment and Sports Lawyers Association Annual Conference this past October, where she received a scholarship.  Jordan graciously agreed to allow me to republish her November article from Medium.  After you read the post, make sure you check her out instagram and twitter!

As I did my daily browse of Instagram early this morning, something caught my eye. In an ad, sponsored by famed high end jewelry brand Harry Winston (“HW”), there appeared a photo of a line of bangles they were introducing to the world. My face lit up instantly, becoming almost identical to Macaulay Culkin’s face during the infamous mirror scene in Home Alone. These bangles looked liked something I have seen before; a brand I could identify instantly. That brand was definitely NOT Harry Winston, but rather a close rival…Cartier.

637577-png-scale-314-highNow here is where things can get a little messy. These HW bracelets are modeled after Cartier’s most signature piece of jewelry, the “Love Bracelet.” This “Love” line (and now with different designs— cufflinks, rings, earrings etc.) has been quoted as being the “most successful line in Cartier history.” They additionally have been called “the most popular and definitive pieces in modern jewelry.” There additionally is an option to place diamonds in the lock-like detailing of the bracelets.

 

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So I did some research. Like any other law student, we know, research is the first step to building a case. What exactly did I find? I am so glad you asked! According to USPTO.gov, and the search I did for both patents — which turned up nothing and trademarks — where I got a hit, Cartier currently has a live trademark registered with the national office (the mark was registered in the 70’s btw). When a trademark is listed as “live” that just means the registered mark is still in the stream of commerce (being bought and/or sold). As popular as these bracelets are, this mark will be “live” for a very very very long time. HW named their copy bangles “Logo Accent” bracelets. These bracelets launched November of this year (2016).

For the spark note version — a trademark is in place to essentially prevent brand confusion from the view of the consumer. It is additionally in place for producers (the brands themselves) to protect their brand from dilution.

One of the reasons why Christian Louboutin was partly successful in their case against YSL was based on the fact the two competing brands are (1) in the same industry (high end, designer women’s shoes) and (2) the item causing the infringement was the same type of item (high heeled shoes).

 

1476126539859The same is the case here. (1) Harry Winston and Cartier have been rivals in the EXACT same industry for years. When you think of high end jewelry, these two brands would easily be in your top 5. And (2) the item at issue is a bracelet; and of the same style. Are they exactly the same? No and they don’t have to be. They are close enough to were without looking at the minor details, it could cause some confusion. This literally screams both a trademark infringement claim and potentially an unfair competition claim. Like c’mon Harry Winston, you guys are so much better than that. However, I’m excited to see how this will unfold… *grabs popcorn*…

 

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect Fashion Law Mapping and Ashley Mapp. 

How to Make it in Entertainment & Sports Law: Attend ABA’s Conference

How to Make it in Entertainment & Sports Law: Attend ABA’s Conference

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In 2014, I decided to quit my job and move to Miami, Florida to become an Entertainment and Sports attorney! While some friends and associates gave me the look of sheer disbelief, I didn’t let it stop me. In fact, it pushed me to grind harder. When law students ask me how do I go to so many events, preside over two organizations, work for national organizations, intern, attend law school etc. at the same time, the answer is simple. NO EXCUSES! In the words of Beyonce’s Formation, “I did not come to play.”

My work ethic has led me to many opportunities that I could only dream of back when I was  planning music festivals in a cubicle across from my boss’s desk. So, what does it all mean? If you are serious about practicing in entertainment and sports law, then you have to give it your allNO EXCUSES! Will you have rejections and unanswered emails? Yes, absolutely! Will it stop you from achieving your career goals? In my case, I’m always looking for other options and solutions when one three doors close.

TIP: Register for American Bar Association: Forum on the Entertainment & Sports Industries

So where do you begin? My suggestion is to attend the annual ABA Forum on the Entertainment & Sports Industries Meeting this October in Las Vegas, Nevada. This year’s theme is “Improving Your Odds in Entertainment and Sports Law.”  In the next coming weeks, I will be posting about the conference. So improve your odds and register today!

 

Ashley A. Mapp is a third-year law student at Florida International University Law. She is the Founder and Editor-in-Chief of Fashion Law Mapping. 

FASHION LAW CAREER ROUNDUP

FASHION LAW CAREER ROUNDUP

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Fashion Law Career Roundup is a series that shares the latest fashion industry jobs available in the legal field. So, tweak that cover letter, review that resume, and polish those pearl earrings because these sought out positions will likely fill up quicker than you can say, “I’m a Fashion Law Hopeful.”

New York

International Flavors & Fragrances Inc.-Corporate & Securities Counsel

Based at IFF’s headquarters in New York, New York, the Counsel, Corporate, will provide legal support on a wide range of corporate matters. These matters include strategic transactions, mergers and acquisitions, commercial agreements, tax and other corporate finance matters.

For more information: IFF Open Hire.

Job ID #: 3791-292

Gap, Inc.-Senior Manager, Employee Communications and Engagement

We are seeking an experienced, creative and energetic communications professional to be a part of our team. This person will support a variety of internal communications programs including: employee engagement, recognition, executive communications, change management, organizational work and events. If possible, this person will lean in and support external opportunities, such as business and trade media as needed.

For more information: Jobs.

Job ID #: 181112

Gap, Inc.-Associate in 3rd Party & Licensing, Global Supply Chain & Product Operations

The 3rd party and Licensing team is a sourcing organization within Gap Inc. that handles sourcing and production management for the products within Gap Inc. that are bought from a third party or Licensing vendor.  We touch a variety of product categories from private label shoes, to licensed apparel, to personal care and more.  Our team provides end to end support – negotiating contracts, onboarding new vendors, product development, cost negotiations, and complete production management.

For more information: Jobs.

Job ID#: 175299

JackThreads– Corporate Counsel

JackThreads is currently seeking a smart, motivated Corporate Counsel to manage all legal matters for the company. In this position, you will be responsible for building a scalable legal support system for the company, and working with all relevant stakeholders to advise on various legal and business issues. You will be expected to act as a thought-leader for the business, providing insights and recommendations on a broad range of issues facing e-commerce companies.

For more information: Careers.

Job ID#: None

Coach-Senior Counsel

Provide legal counsel to internal business customers in a wide variety of areas, with a focus on corporate law, international distribution agreements, extensive contract drafting, and legal compliance matters.

For more information: Job Details.

Job ID #: 10043

LVMH-Counsel, Leasing & Retail

Luxury Goods Retailer with business in North America as well as the Caribbean and Mexico is seeking a Counsel, Leasing & Retail, who will be responsible for providing legal counsel for the leasing, store planning, and other operational demands of the Company. Responsibilities will include lease and construction agreement preparation and negotiation, vendor agreements, research and advice on operational compliance issues and projects, consumer issues and otherwise assist the General Counsel in responding to the demands of the business.

For more information: Current Opportunities.

Job ID#: LVM02915

News: Cut the Strings: Advice for Fashion or Creative Arts Attorney Hopefuls 

Barneys New York-Legal Intern

Celebrating our legacy of modern fashion, creativity, individuality, and intrigue by providing every guest with an unparalleled customer experience. We are currently seeking a Human Resources/Legal Intern for our Corporate Office in New York, New York. The ideal candidate should be pursuing a law degree with an interest in human resources. The responsibilities will include but are not limited to assisting the General Counsel and Human Resources team.

For more information: Careers.

Job ID #: 920

Philadelphia

URBN– Vendor Relations & Compliance Coordinator

The Vendor Relations Coordinator provides support for the Vendor Relations and Compliance Manager, with a particular emphasis on managing the vendor experience. This position has a specific focus on improving processes internally, as well as from a vendor standpoint, with the end goal being enhancing the vendor experience while simultaneously improving efficiency in the supply chain. The Vendor Relations Coordinator will serve as a liaison to the rest of the organization as well as external contacts to ensure an effective URBN vendor experience.

For more information: Velvet Jobs.

Job ID#: None

London

Farfetch– Commercial/IP Lawyer

The role requires someone who is hands on and commercially minded, with a strong professional ethic and the energy, interest and training to pursue a broad array of commercial, IP, legal and risk/reputation management matters. This is a role with great potential for the right candidate to quickly grow their level of experience, responsibility and autonomy.

For more information: Farfetch Careers.

Job ID #: None.

Austin

TrendKite– Corporate Counsel

We’re looking for a corporate counsel whose career started as a transactional associate at a law firm and is looking for their first or second in-house counsel role. You must have experience or knowledge in data privacy and security fundamentals and familiarity with software or technology- web applications is a plus. Superior analytical skills and an excitement for contributing to startup culture are key as you’ll be collaborating with team members closely each day.

For more information: Current Job Openings.

Job ID #: None.

San Francisco

Gap, Inc.-Advertising & Promotions Counsel

We are looking for an attorney with advertising, promotions, and intellectual property experience to join a collaborative and fun legal team. You will advise our brands’ marketing, merchandising, product design, online and social media teams on a variety of issues, as well as manage IP and advertising-related disputes. The ideal candidate is a seasoned self-starter with great judgment and communication skills.

For more information: Jobs.

Job ID #: 180350

Remote

Art Institute of Pittsburgh Online Division-Adjunct Faculty: Fashion Law & Fashion Marketing

The part time instructor facilitates meaningful learning of the course competencies in the curriculum and proactively supports all facets of the learning environment. S/He provides education through learning-centered instruction that will enable graduates to fulfill the evolving needs of the marketplace. S/He encourages a culture of learning that values mutual responsibility and respect, life-long learning and ethics as well as personal and professional development. This position is part time/adjunct only. Incumbent must assure that the EDMC philosophy: quality services to clients; development, growth, involvement, and recognition of employees; sound economic principles; and environment which is conducive to innovation, positive thinking and expansion – is considered in carrying out the duties and responsibilities of this position.

For more information: Job Details.

Job ID #: 13001.5383

 Trend of the Day: Featured image from today’s post comes from Fashion Gone Rogue’s Coach Pre-Fall 2016 Campaign post. Shot in the back of a car, the girls donned cozy furs, quality knits, and buttery leather bags. Model: Imaan Hammam Photographer: Steven Meisel

 

Fashion Law Tweets of the Week – 8/5/2016

Fashion Law Tweets of the Week – 8/5/2016

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This past week was marked by a U.S. Judge’s partial dismissal of Alibaba, Gucci et al. counterfeit goods lawsuit and The Guardian’s discussion of the unglamorous side to fashion law. Grab a glass of Rosé and listen to Sia’s Cheap Thrills  while perusing FLM’s curated fashion law tweets of the week:

  • Drafting an Influencer Marketing Campaign AgreementThis is the second part of a two-part series about marketing and online platforms. @LawOnTheRunway 
  • “Filing suit did the trick @Burberry–Rapper Burberry Perry will change his stage name to The Good Perry.”– @FashionDocket
  • “Rachel Roy Calls Cops with complaints Against the Beyhive.”–@FashionBlawger 
  • “Olympics fashion and the #USPTO take on #3D printing.”–@KenyaNWiley 
  • “Hobbies: Lint rolling my clothes, retweeting myself, drinking tea, wearing sunglasses, going on vacation.”–@ZerboJulie of The Fashion Law
  • “I’m so thrilled to be covering the #SeptemberIssue of @Instyle. Huge honor and so much fun . . .”–@KerryWashington 
  • “Raf Simons now responsible for 6 different lines at @CalvinKlein – so at least 14 collections/yr – PLUS his own.” —@VVFriedman 
  • “From a pr pitch: “Wear to hot yoga or a night out on the town.” No. I’m sorry. Those [are] not interchangeable wardrobes.” —@RobinGivhan 

Trend of the Week: Featured image from today’s post comes from Fashion Gone Rogue’s Melodie Monrose poses in dreamy dresses for stylist in France post. The lingerie look is currently on trend with the season! Alvaro Beamud Cortes shot the Monrose for Stylist France’s July issue. 

Jamie Chung to host KIKO MILANO Makeup Party on South Beach

Jamie Chung to Host KIKO MILANO

80’s Makeup Party

A photo posted by Jamie Chung (@jamiejchung) on

Welcome back, Fashion Law Mapping readers! This summer has been heating up with major events such as Miami Swim Week and Florida Bar’s Fashion Law panel. Tomorrow, actress Jamie Chung will be hosting a Crazy 80’s Party with Kiko Milano, an Italian makeup brand. Get ready for throwback music, Molly Ringwald references, and spandex!

Celebrate the end of the summer with Jamie Chung  at Kiko Milano Store, located on Lincoln Road in South Beach from 7:00PM-11:00PM.

Products on the FLM Wishlist include:

If anyone asked me what my signature look is for summer in Miami, it would be a cat eye, a bold red lippie, and sun kissed skin! See Exhibit A below:

My Signature Look

Please check back for a recap of the event as well as a review of Kiko Milano’s affordable makeup products! We will be using the hashtag #KIKOTOTALLY80s on all of our social media networks.

Kardashian Sisters Face $180M Lawsuit over Beauty Line

Kardashian Sisters Face $180M Lawsuit over Beauty Line
 
The ever so business savvy Kardashian sisters are facing a lawsuit over their Kardashian Beauty Line. Filed on March 21 at the Superior Court of California, Hillair Capital Management alleges that the Kardashians did not fulfill their end of the contract. According to the complaint, the Kardashians and Hillair entered into an agreement on July 2014, in which Hillair agreed “to put up millions of dollars to help the Kardashians salvage their struggling Kardashian Beauty makeup line, after the former distributor Boldface” underwent legal and financial troubles. 
Hillair alleges that the Kardashians did not promote, market, and support the line. The complaint lists three examples: (1) the introduction of Kim KW celebrity-endorsed lipstick announced in March 2016 with makeup line Charlotte Tilbury; (2) Khloe’s cancelled appearance for Beauty World exhibition in May 2015, held in Dubai; and (3) the failure of the Kardashians to provide a letter to CVS stating their continued support of the makeup line.
Hillair seeks monetary and punitive damages for (1) breach of contract; (2) breach of covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) fraud/deceit, (5) negligent misrepresentation, and (5) promissory estoppel.
In a statement to Entertainment Tonight, Attorney Michael Krump for the Kardashians asserts:
This complaint is an obvious attempt to create leverage by hedge fund operators who took over the Kardashians’ cosmetics brand. The Kardashians have suffered enormous damages as a result of the many failures and breaches created by the operator’s mismanagement of the company. The lawsuit is a disgrace. It is a jumble of false accusations which will be exposed as lies.
To see the complaint, visit here. How will the Kardashians respond to the complaint? Leave your thoughts below.

Fashion Roundup: Gigi Hadid’s Next Gig, Prada Goes Green

Olivia Palermo, Vogue

Fashion Roundup: Gigi Hadid’s Next Gig, Prada Goes Green

Gigi Hadid can add Tommy Hilfiger Brand Ambassador to her resume. In addition to starring in its campaigns, Hadid will also design a capsule collection  via British Vogue.
Big brands like Proenza Schouler and Tom Ford are moving towards consumer-centric model via The Zoe Report.
Wearing tacky whips and chains can get you sued!  YouTube Personality Legal Fox discusses the lawsuit of an elderly man and his dominatrix  via YouTube.
Prada unveils radical plans to safeguard the environment. The company reveals its strategy to tackle climate change by reducing CO2 emissions, waste and packaging consumption via Dazed Digital.
InStyle will partner with Fandango on video series about red-carpet trends. The collaboration gives viewers a look into the intersection of film and fashion. It will feature Isaac Mizrahi, Olivia Palermo, and many others via WWD.
American Apparel Founder’s Bid for Company Said to Move Forward via BOF.
Have you hit a dead end in your goal to work in the fashion industry?  As I have mentioned in a previous post, Carly Cristman gives great advice about securing your dream job. Cristman is back with a new video featuring Kaitlyn Warman, a buyer at Nastygal and former buyer at Barneys. Learn the truth behind working in the fashion industry via YouTube.