Fashionably Legal - FashionCampLA
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Fashionably Legal - FashionCampLA Presentation Transcript

  • 1. Fashionably Legal June 13, 2010 FashionCampLA #fashlaw Lisa Borodkin, Esq. @lisaborodkin Christina Gagnier, Esq. @gagnier
  • 2. Creating & Protecting Your Company Brand
  • 3. Avoiding Faux Pas at the USPTO Fashionably Legal
  • 4. Avoiding Faux Pas at the USPTO Define your brand. Research to see if someone else is using your brand with the United States Fashionably Patent and Trademark Office. If not, file a trademark. Legal
  • 5. Avoiding Faux Pas at the USPTO Define your brand. Research to see if someone else is using your brand with the United States Fashionably Patent and Trademark Office. If not, file a trademark. Legal Invest in advertising so people associate you and the brand. In the online world, it is easier to establish consumer familiarity with your designs.
  • 6. Avoiding Faux Pas at the USPTO Define your brand. Research to see if someone else is using your brand with the United States Fashionably Patent and Trademark Office. If not, file a trademark. Legal Invest in advertising so people associate you and the brand. In the online world, it is easier to establish consumer familiarity with your designs. Maintain a website. Register the domain name. Create your style. This will help with other intellectual property protections, like trade dress.
  • 7. Avoiding Faux Pas at the USPTO Define your brand. Research to see if someone else is using your brand with the United States Fashionably Patent and Trademark Office. If not, file a trademark. Legal Invest in advertising so people associate you and the brand. In the online world, it is easier to establish consumer familiarity with your designs. Maintain a website. Register the domain name. Create your style. This will help with other intellectual property protections, like trade dress. Do not file for a design patent unless it is warranted. A design patent means “no one else has designed a product like this!”
  • 8. Clashing Domain Names & Social Media Rights Fashionably Legal
  • 9. Resolving Through Terms of Service Fashionably Legal
  • 10. Resolving Through Terms of Service The social networks will enforce a trademark upon Fashionably Legal request, meaning you lose your name and your community.
  • 11. Resolving Through Terms of Service The social networks will enforce a trademark upon Fashionably Legal request, meaning you lose your name and your community. Both Facebook and eBay also have counterfeiting policies. eBay has a Verified Rights Owner program and Facebook has counterfeit removal policies.
  • 12. Resolving Through Terms of Service The social networks will enforce a trademark upon Fashionably Legal request, meaning you lose your name and your community. Both Facebook and eBay also have counterfeiting policies. eBay has a Verified Rights Owner program and Facebook has counterfeit removal policies. Even someone else just filing for a trademark with the intent to use the mark you are using can result in your removal from a social network.
  • 13. Resolving Through Terms of Service The social networks will enforce a trademark upon Fashionably Legal request, meaning you lose your name and your community. Both Facebook and eBay also have counterfeiting policies. eBay has a Verified Rights Owner program and Facebook has counterfeit removal policies. Even someone else just filing for a trademark with the intent to use the mark you are using can result in your removal from a social network. Lesson: If your name and brand is important to you, protect it.
  • 14. Domain Name Disputes Fashionably Legal
  • 15. Domain Name Disputes Fashionably Legal
  • 16. Establishing Rights in Your Products & Designs
  • 17. Trade Dress & Distinctiveness Fashionably Legal
  • 18. Trade Dress & Distinctiveness Fashionably Trade Dress is the best way to obtain intellectual property protection if you can get it. Legal
  • 19. Trade Dress & Distinctiveness Fashionably Trade Dress is the best way to obtain intellectual property protection if you can get it. Legal Means a secondary meaning has been assigned to your clothes & consumers are likely to be confused.
  • 20. Trade Dress & Distinctiveness Fashionably Trade Dress is the best way to obtain intellectual property protection if you can get it. Legal Means a secondary meaning has been assigned to your clothes & consumers are likely to be confused. The public “knows it when they see it” - They know it’s an Alexander McQueen just by seeing it.
  • 21. Trade Dress & Distinctiveness Fashionably Trade Dress is the best way to obtain intellectual property protection if you can get it. Legal Means a secondary meaning has been assigned to your clothes & consumers are likely to be confused. The public “knows it when they see it” - They know it’s an Alexander McQueen just by seeing it. Still an underdeveloped area of the law.
  • 22. Trade Dress & Distinctiveness Fashionably Trade Dress is the best way to obtain intellectual property protection if you can get it. Legal Means a secondary meaning has been assigned to your clothes & consumers are likely to be confused. The public “knows it when they see it” - They know it’s an Alexander McQueen just by seeing it. Still an underdeveloped area of the law. Current Case: Gynweth Shoes v. Paris Hilton- “The Heart and Sole” Challenge.
  • 23. Trade Dress & Distinctiveness Fashionably Trade Dress is the best way to obtain intellectual property protection if you can get it. Legal Means a secondary meaning has been assigned to your clothes & consumers are likely to be confused. The public “knows it when they see it” - They know it’s an Alexander McQueen just by seeing it. Still an underdeveloped area of the law. Current Case: Gynweth Shoes v. Paris Hilton- “The Heart and Sole” Challenge. Filing for it gives you advantage in an infringement suit.
  • 24. Copyright & Design Protection Fashionably Legal
  • 25. Copyright & Design Protection Case 3:06-cv-01848-H-POR Document 264 Filed 11/21/08 Page 2 of 3 Fashionably Legal
  • 26. Marketing Cybergaffes
  • 27. Model Releases & Work For Hire Fashionably Legal
  • 28. Model Releases & Work For Hire Fashionably Legal
  • 29. Model Releases & Work For Hire Fashionably Legal +
  • 30. Model Releases & Work For Hire Fashionably Legal +
  • 31. Model Releases & Work For Hire Fashionably Legal + +
  • 32. Model Releases & Work For Hire Fashionably Legal + +
  • 33. Model Releases & Work For Hire Fashionably Legal + + =
  • 34. Model Releases & Work For Hire Fashionably Legal + + = LAWSUIT
  • 35. Model Releases & Work For Hire Fashionably Legal + +
  • 36. Model Releases & Work For Hire The Legally Fashionably Legal Responsible Party + +
  • 37. Model Releases & Work For Hire The Legally Fashionably Legal Responsible Party + + You want to own your photos & the rights to use them.
  • 38. Model Releases & Work For Hire The Legally Fashionably Legal Responsible Party + + You want to own your photos & the rights to use them. You want to avoid a lawsuit.
  • 39. Model Releases & Work For Hire The Legally Models Fashionably Legal Responsible Party + + You want to own your photos & the rights to use them. You want to avoid a lawsuit.
  • 40. Model Releases & Work For Hire The Legally Models Fashionably Legal Responsible Party + + Model Releases You want to own your photos & the rights to use them. You want to avoid a lawsuit.
  • 41. Model Releases & Work For Hire The Legally Models Fashionably Legal Responsible Party + + Model Releases You want to own your photos & the rights to use them. Right to Work You want to avoid a lawsuit.
  • 42. Model Releases & Work For Hire The Legally Models Fashionably Legal Responsible Party + + Model Releases You want to own your photos & the rights to use them. Right to Work Prompt Payment You want to avoid a lawsuit.
  • 43. Model Releases & Work For Hire The Legally Models Fashionably Legal Responsible Party + + Model Releases You want to own your photos & the rights to use them. Right to Work Prompt Payment You want to avoid a lawsuit. Age Verification
  • 44. Model Releases & Work For Hire The Legally Models Fashionably Photographers Legal Responsible Party + + Model Releases You want to own your photos & the rights to use them. Right to Work Prompt Payment You want to avoid a lawsuit. Age Verification
  • 45. Model Releases & Work For Hire The Legally Models Fashionably Photographers Legal Responsible Party + + Model Releases Work for Hire You want to own your photos & the rights to use them. Right to Work Prompt Payment You want to avoid a lawsuit. Age Verification
  • 46. Testimonials & Sponsorships Under FTC Guidelines Fashionably Legal
  • 47. Doing World Wide Web Commerce with Style
  • 48. International Issues Fashionably Legal
  • 49. International Issues Fashionably Legal
  • 50. International Issues Fashionably Selling your product in different countries requires an understanding of international trade. Legal
  • 51. International Issues Fashionably Selling your product in different countries requires an understanding of international trade. Legal When working with foreign manufacturers, try to research their history of litigation and human rights issues.
  • 52. International Issues Fashionably Selling your product in different countries requires an understanding of international trade. Legal When working with foreign manufacturers, try to research their history of litigation and human rights issues. Make sure to inspect foreign goods upon delivery.
  • 53. International Issues Fashionably Selling your product in different countries requires an understanding of international trade. Legal When working with foreign manufacturers, try to research their history of litigation and human rights issues. Make sure to inspect foreign goods upon delivery. Intellectual property protections vary country by country, i.e. you need a trademark in the UK too, not just the US.
  • 54. International Issues Fashionably Selling your product in different countries requires an understanding of international trade. Legal When working with foreign manufacturers, try to research their history of litigation and human rights issues. Make sure to inspect foreign goods upon delivery. Intellectual property protections vary country by country, i.e. you need a trademark in the UK too, not just the US. Make a conscious decision about the scope of your online sales.
  • 55. Web Video, Branded Video & Entertainment Fashionably Legal
  • 56. M-Commerce Today
  • 57. M-Commerce Today
  • 58. M-Commerce Today Future for fashion brands & for sales.
  • 59. M-Commerce Today Future for fashion brands & for sales.
  • 60. M-Commerce Today Future for fashion brands & for sales. Variety of options, shop providers & their terms.
  • 61. M-Commerce Today Future for fashion brands & for sales. Variety of options, shop providers & their terms.
  • 62. M-Commerce Today Future for fashion brands & for sales. Variety of options, shop providers & their terms. Limit where your products can be purchased.
  • 63. M-Commerce Today Future for fashion brands & for sales. Variety of options, shop providers & their terms. Limit where your products can be purchased.
  • 64. M-Commerce Today Future for fashion brands & for sales. Variety of options, shop providers & their terms. Limit where your products can be purchased. iPhone = Use of Apple’s default terms and policies.
  • 65. M-Commerce Today Future for fashion brands & for sales. Variety of options, shop providers & their terms. Limit where your products can be purchased. iPhone = Use of Apple’s default terms and policies.
  • 66. M-Commerce Today Future for fashion brands & for sales. Variety of options, shop providers & their terms. Limit where your products can be purchased. iPhone = Use of Apple’s default terms and policies. Location-based marketing opportunities = personal data.
  • 67. M-Commerce Today Future for fashion brands & for sales. Variety of options, shop providers & their terms. Limit where your products can be purchased. iPhone = Use of Apple’s default terms and policies. Location-based marketing opportunities = personal data.
  • 68. Activism & Community
  • 69. Proposed Design Piracy Protection Act Fashionably Legal
  • 70. Social Media Policies Fashionably Legal
  • 71. Social Media Policies Fashionably Legal
  • 72. Social Media Policies Fashionably Engagement rules for employees. Legal
  • 73. Social Media Policies Fashionably Engagement rules for employees. Legal
  • 74. Social Media Policies Fashionably Engagement rules for employees. Legal Important whether you run a small boutique or large fashion website.
  • 75. Social Media Policies Fashionably Engagement rules for employees. Legal Important whether you run a small boutique or large fashion website.
  • 76. Social Media Policies Fashionably Engagement rules for employees. Legal Important whether you run a small boutique or large fashion website. Your rules for your team help protect you in case trouble arises.
  • 77. Social Media Policies Fashionably Engagement rules for employees. Legal Important whether you run a small boutique or large fashion website. Your rules for your team help protect you in case trouble arises.
  • 78. Conclusion Q&A
  • 79. Thank You
  • 80. Fashionably Legal June 13, 2010 FashionCampLA #fashlaw Lisa Borodkin, Esq. @lisaborodkin Christina Gagnier, Esq. @gagnier