Fashion law
Encyclopedia
Fashion law is a specialized area of law
that deals with intellectual property
(copyright
and trademark
law, including brand licensing
), domestic and international business transactions, textiles, merchandising
, employment and labor concerns, and customs
(import/export issues). Traditionally, most fashion lawyers work for established fashion and luxury goods companies in major urban commercial centers such as New York City
, Paris
, London
and Milan
. Some fashion lawyers work within the company, and others work outside the company for law firm
s.
Fashion Law is a quickly growing legal specialty, and several American
law and design schools have dedicated clinics and courses to its study. In a 2008 article, Susan Scafidi, the first U.S. law professor ever to offer a course in Fashion Law and later Director of the Fashion Law Institute at Fordham Law, wrote that Fashion Law was only then starting to be recognized as a distinct field. Since then, Deborah McNamara at Parsons The New School for Design
, and Guillermo Jimenez at the Fashion Institute of Technology
at the State University of New York
, have also offered courses in Fashion Law. However, such courses remain rare. Several courses use the first book on Fashion Law: "Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys" by Guillermo Jimenez, Esq., and Barbara Kolsun, Esq. The still-emerging nature of the discipline is evident from the fact that the New York City Bar Association, located in America's fashion capital, did not have a dedicated Fashion Law Committee until June 2011.
Fashion attorney
s participate in a variety of legal activities and negotiate deals for their clients. The clients may be large retail chains, haute couture
labels, high-fashion model
s, or an unknown designers just starting out. If and when the situation arises, a fashion attorney will litigate for his or her clients in court.
Fashion houses and accessory designers both face unique challenges specific to their industry. They require attorneys who understand the nature of short seasons and ever-changing product cycles, pressures surrounding counterfeit goods, and the issues of unfair competition. Valuable assets in the fashion business consist of not only intellectual property rights, but also trade arrangements, contracts, employment law issues , and information technology systems. A fashion attorney's career success may depend on being able to effectively protect these assets by delivering industry-specific legal advice tailored to the clients' needs.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
that deals with intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
(copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
and trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
law, including brand licensing
Brand licensing
Licensing means renting or leasing of an intangible asset. Examples of intangible assets include a song , a character , a name or a brand . An arrangement to license a brand requires a licensing agreement...
), domestic and international business transactions, textiles, merchandising
Merchandising
Merchandising is the methods, practices, and operations used to promote and sustain certain categories of commercial activity. In the broadest sense, merchandising is any practice which contributes to the sale of products to a retail consumer...
, employment and labor concerns, and customs
Customs
Customs is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, transports, personal effects and hazardous items in and out of a country...
(import/export issues). Traditionally, most fashion lawyers work for established fashion and luxury goods companies in major urban commercial centers such as New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
and Milan
Milan
Milan is the second-largest city in Italy and the capital city of the region of Lombardy and of the province of Milan. The city proper has a population of about 1.3 million, while its urban area, roughly coinciding with its administrative province and the bordering Province of Monza and Brianza ,...
. Some fashion lawyers work within the company, and others work outside the company for law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
s.
Fashion Law is a quickly growing legal specialty, and several American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law and design schools have dedicated clinics and courses to its study. In a 2008 article, Susan Scafidi, the first U.S. law professor ever to offer a course in Fashion Law and later Director of the Fashion Law Institute at Fordham Law, wrote that Fashion Law was only then starting to be recognized as a distinct field. Since then, Deborah McNamara at Parsons The New School for Design
Parsons The New School for Design
Parsons The New School For Design, known colloquially as Parsons, is the art and design college of The New School university. It is located in New York City's Greenwich Village, and has produced artists and designers such as Marc Jacobs, Dean and Dan Caten, Norman Rockwell, Donna Karan, Jane...
, and Guillermo Jimenez at the Fashion Institute of Technology
Fashion Institute of Technology
The Fashion Institute of Technology, generally known as FIT, is a State University of New York college of art, business, design, and technology connected to the fashion industry, with an urban campus located on West 27th Street between Seventh and Eighth Avenues in the Chelsea neighborhood of...
at the State University of New York
State University of New York
The State University of New York, abbreviated SUNY , is a system of public institutions of higher education in New York, United States. It is the largest comprehensive system of universities, colleges, and community colleges in the United States, with a total enrollment of 465,000 students, plus...
, have also offered courses in Fashion Law. However, such courses remain rare. Several courses use the first book on Fashion Law: "Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys" by Guillermo Jimenez, Esq., and Barbara Kolsun, Esq. The still-emerging nature of the discipline is evident from the fact that the New York City Bar Association, located in America's fashion capital, did not have a dedicated Fashion Law Committee until June 2011.
Fashion attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s participate in a variety of legal activities and negotiate deals for their clients. The clients may be large retail chains, haute couture
Haute couture
Haute couture refers to the creation of exclusive custom-fitted clothing. Haute couture is made to order for a specific customer, and it is usually made from high-quality, expensive fabric and sewn with extreme attention to detail and finished by the most experienced and capable seamstresses,...
labels, high-fashion model
Model (person)
A model , sometimes called a mannequin, is a person who is employed to display, advertise and promote commercial products or to serve as a subject of works of art....
s, or an unknown designers just starting out. If and when the situation arises, a fashion attorney will litigate for his or her clients in court.
Fashion houses and accessory designers both face unique challenges specific to their industry. They require attorneys who understand the nature of short seasons and ever-changing product cycles, pressures surrounding counterfeit goods, and the issues of unfair competition. Valuable assets in the fashion business consist of not only intellectual property rights, but also trade arrangements, contracts, employment law issues , and information technology systems. A fashion attorney's career success may depend on being able to effectively protect these assets by delivering industry-specific legal advice tailored to the clients' needs.