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Fashionably
             Legal

                   June 13, 2010
                 FashionCampLA


                       #...
Creating & Protecting
Your Company Brand
Avoiding Faux Pas at the USPTO



         Fashionably
               Legal
Avoiding Faux Pas at the USPTO



Define your brand. Research to see if someone
else is using your brand with the United St...
Avoiding Faux Pas at the USPTO



Define your brand. Research to see if someone
else is using your brand with the United St...
Avoiding Faux Pas at the USPTO



Define your brand. Research to see if someone
else is using your brand with the United St...
Avoiding Faux Pas at the USPTO



Define your brand. Research to see if someone
else is using your brand with the United St...
Clashing Domain Names & Social Media Rights



                      Fashionably
                            Legal
Resolving Through Terms of Service



             Fashionably
                   Legal
Resolving Through Terms of Service




The social networks will enforce a trademark upon   Fashionably
                   ...
Resolving Through Terms of Service




The social networks will enforce a trademark upon   Fashionably
                   ...
Resolving Through Terms of Service




The social networks will enforce a trademark upon     Fashionably
                 ...
Resolving Through Terms of Service




The social networks will enforce a trademark upon     Fashionably
                 ...
Domain Name Disputes



 Fashionably
       Legal
Domain Name Disputes



 Fashionably
       Legal
Establishing Rights
  in Your Products
         & Designs
Trade Dress & Distinctiveness



       Fashionably
             Legal
Trade Dress & Distinctiveness



                  Fashionably
Trade Dress is the best way to obtain intellectual
property...
Trade Dress & Distinctiveness



                  Fashionably
Trade Dress is the best way to obtain intellectual
property...
Trade Dress & Distinctiveness



                  Fashionably
Trade Dress is the best way to obtain intellectual
property...
Trade Dress & Distinctiveness



                  Fashionably
Trade Dress is the best way to obtain intellectual
property...
Trade Dress & Distinctiveness



                  Fashionably
Trade Dress is the best way to obtain intellectual
property...
Trade Dress & Distinctiveness



                  Fashionably
Trade Dress is the best way to obtain intellectual
property...
Copyright & Design Protection



       Fashionably
             Legal
Copyright & Design Protection

Case 3:06-cv-01848-H-POR Document 264   Filed 11/21/08 Page 2 of 3




                    ...
Marketing
Cybergaffes
Model Releases & Work For Hire



         Fashionably
               Legal
Model Releases & Work For Hire



         Fashionably
               Legal
Model Releases & Work For Hire



             Fashionably
                   Legal

+
Model Releases & Work For Hire



             Fashionably
                   Legal

+
Model Releases & Work For Hire



             Fashionably
                   Legal

+       +
Model Releases & Work For Hire



             Fashionably
                   Legal

+       +
Model Releases & Work For Hire



             Fashionably
                   Legal

+       +                     =
Model Releases & Work For Hire



             Fashionably
                   Legal

+       +                     =




 ...
Model Releases & Work For Hire



             Fashionably
                   Legal

+       +
Model Releases & Work For Hire




   The Legally
                                 Fashionably
                           ...
Model Releases & Work For Hire




    The Legally
                                   Fashionably
                        ...
Model Releases & Work For Hire




    The Legally
                                   Fashionably
                        ...
Model Releases & Work For Hire




    The Legally
                          Models
                                      ...
Model Releases & Work For Hire




    The Legally
                            Models
                                    ...
Model Releases & Work For Hire




    The Legally
                            Models
                                    ...
Model Releases & Work For Hire




    The Legally
                            Models
                                    ...
Model Releases & Work For Hire




    The Legally
                            Models
                                    ...
Model Releases & Work For Hire




    The Legally
                            Models
                                    ...
Model Releases & Work For Hire




    The Legally
                            Models
                                    ...
Testimonials & Sponsorships Under FTC Guidelines




                         Fashionably
                               L...
Doing World Wide Web
 Commerce with Style
International Issues



Fashionably
      Legal
International Issues



Fashionably
      Legal
International Issues



     Fashionably
Selling your product in different
countries requires an understanding
of internat...
International Issues



      Fashionably
Selling your product in different
countries requires an understanding
of interna...
International Issues



      Fashionably
Selling your product in different
countries requires an understanding
of interna...
International Issues



      Fashionably
Selling your product in different
countries requires an understanding
of interna...
International Issues



      Fashionably
Selling your product in different
countries requires an understanding
of interna...
Web Video, Branded Video & Entertainment



                   Fashionably
                         Legal
M-Commerce Today
M-Commerce Today
M-Commerce Today



Future for fashion
brands & for sales.
M-Commerce Today



Future for fashion
brands & for sales.
M-Commerce Today



Future for fashion
brands & for sales.


Variety of options, shop
providers & their terms.
M-Commerce Today



Future for fashion
brands & for sales.


Variety of options, shop
providers & their terms.
M-Commerce Today



Future for fashion
brands & for sales.


Variety of options, shop
providers & their terms.


Limit whe...
M-Commerce Today



Future for fashion
brands & for sales.


Variety of options, shop
providers & their terms.


Limit whe...
M-Commerce Today



Future for fashion
brands & for sales.


Variety of options, shop
providers & their terms.


Limit whe...
M-Commerce Today



Future for fashion
brands & for sales.


Variety of options, shop
providers & their terms.


Limit whe...
M-Commerce Today



Future for fashion
brands & for sales.


Variety of options, shop
providers & their terms.


Limit whe...
M-Commerce Today



Future for fashion
brands & for sales.


Variety of options, shop
providers & their terms.


Limit whe...
Activism &
Community
Proposed Design Piracy Protection Act



               Fashionably
                     Legal
Social Media Policies



Fashionably
      Legal
Social Media Policies



Fashionably
      Legal
Social Media Policies



Fashionably
         Engagement
         rules for
         employees.

      Legal
Social Media Policies



Fashionably
         Engagement
         rules for
         employees.

      Legal
Social Media Policies



Fashionably
         Engagement
         rules for
         employees.

      Legal
         Impo...
Social Media Policies



Fashionably
         Engagement
         rules for
         employees.

      Legal
         Impo...
Social Media Policies



Fashionably
         Engagement
         rules for
         employees.

      Legal
         Impo...
Social Media Policies



Fashionably
         Engagement
         rules for
         employees.

      Legal
         Impo...
Conclusion
      Q&A
Thank You
Fashionably
             Legal

                   June 13, 2010
                 FashionCampLA


                       #...
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Fashionably Legal - FashionCampLA

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Fashionably Legal - FashionCampLA

  1. 1. Fashionably Legal June 13, 2010 FashionCampLA #fashlaw Lisa Borodkin, Esq. @lisaborodkin Christina Gagnier, Esq. @gagnier
  2. 2. Creating & Protecting Your Company Brand
  3. 3. Avoiding Faux Pas at the USPTO Fashionably Legal
  4. 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. 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. 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. 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. 8. Clashing Domain Names & Social Media Rights Fashionably Legal
  9. 9. Resolving Through Terms of Service Fashionably Legal
  10. 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. 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. 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. 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. 14. Domain Name Disputes Fashionably Legal
  15. 15. Domain Name Disputes Fashionably Legal
  16. 16. Establishing Rights in Your Products & Designs
  17. 17. Trade Dress & Distinctiveness Fashionably Legal
  18. 18. Trade Dress & Distinctiveness Fashionably Trade Dress is the best way to obtain intellectual property protection if you can get it. Legal
  19. 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. 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. 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. 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. 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. 24. Copyright & Design Protection Fashionably Legal
  25. 25. Copyright & Design Protection Case 3:06-cv-01848-H-POR Document 264 Filed 11/21/08 Page 2 of 3 Fashionably Legal
  26. 26. Marketing Cybergaffes
  27. 27. Model Releases & Work For Hire Fashionably Legal
  28. 28. Model Releases & Work For Hire Fashionably Legal
  29. 29. Model Releases & Work For Hire Fashionably Legal +
  30. 30. Model Releases & Work For Hire Fashionably Legal +
  31. 31. Model Releases & Work For Hire Fashionably Legal + +
  32. 32. Model Releases & Work For Hire Fashionably Legal + +
  33. 33. Model Releases & Work For Hire Fashionably Legal + + =
  34. 34. Model Releases & Work For Hire Fashionably Legal + + = LAWSUIT
  35. 35. Model Releases & Work For Hire Fashionably Legal + +
  36. 36. Model Releases & Work For Hire The Legally Fashionably Legal Responsible Party + +
  37. 37. Model Releases & Work For Hire The Legally Fashionably Legal Responsible Party + + You want to own your photos & the rights to use them.
  38. 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. 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. 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. 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. 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. 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. 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. 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. 46. Testimonials & Sponsorships Under FTC Guidelines Fashionably Legal
  47. 47. Doing World Wide Web Commerce with Style
  48. 48. International Issues Fashionably Legal
  49. 49. International Issues Fashionably Legal
  50. 50. International Issues Fashionably Selling your product in different countries requires an understanding of international trade. Legal
  51. 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. 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. 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. 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. 55. Web Video, Branded Video & Entertainment Fashionably Legal
  56. 56. M-Commerce Today
  57. 57. M-Commerce Today
  58. 58. M-Commerce Today Future for fashion brands & for sales.
  59. 59. M-Commerce Today Future for fashion brands & for sales.
  60. 60. M-Commerce Today Future for fashion brands & for sales. Variety of options, shop providers & their terms.
  61. 61. M-Commerce Today Future for fashion brands & for sales. Variety of options, shop providers & their terms.
  62. 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. 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. 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. 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. 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. 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. 68. Activism & Community
  69. 69. Proposed Design Piracy Protection Act Fashionably Legal
  70. 70. Social Media Policies Fashionably Legal
  71. 71. Social Media Policies Fashionably Legal
  72. 72. Social Media Policies Fashionably Engagement rules for employees. Legal
  73. 73. Social Media Policies Fashionably Engagement rules for employees. Legal
  74. 74. Social Media Policies Fashionably Engagement rules for employees. Legal Important whether you run a small boutique or large fashion website.
  75. 75. Social Media Policies Fashionably Engagement rules for employees. Legal Important whether you run a small boutique or large fashion website.
  76. 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. 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. 78. Conclusion Q&A
  79. 79. Thank You
  80. 80. Fashionably Legal June 13, 2010 FashionCampLA #fashlaw Lisa Borodkin, Esq. @lisaborodkin Christina Gagnier, Esq. @gagnier

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