Happy all saints day everyone!  Guess where I am going?

Yup you guessed it….RIO!  (Was the picture a good hint?)

On November 30, 2012, Fashion Law 2012 Brazil will take place in Rio and the event organizers have invited me to participate in the conference.  Pretty cool, right?

So, for all you international or adventurous readers out there, I would love for you to join us!

For more information, the conference schedule and to register, click here.

beija, beija!

Staci

My family and I just return from a Club Med vacation in Ixtapa, Mexico [facebook pics]. We are huge fans of the resort, and the company.

Club Med is a successfully international brand because it has shown an uncanny ability to change with the times and stay relevant, without losing its identity or true essence.  By hiring talented people (GO’s) who provide guests with an outstanding experience, Club Med creates raving fans who then share tales of their vacations with others.

Statistics show that the number one place people currently spend their disposal income is on vacation travel. It has also embraced social media to interact with its guests once they return home. Club Med has a facebook page, twitter feed and You Tube Channel just to name a few. You also can download its “crazy signs” songs on itunes or Amazon – WOW!

[And as an aside, whoever runs the Club Med twitter is doing a great job!] 

So, enough about Club Med and my vacation — what is  in this for you?

If you want to build a lifestyle brand, your company needs to take a page from Club Med’s play book.  Can you answer these questions:

• Are you connected with your target market?
• What are you doing to adapt your services as the needs of your target market changes?
• How are you going to diversify and make your company recognizable beyond your intial target market?
• How are you going to be more than just a provider of a product, and instead make an emotional connection with your market to become a brand?

And if you really want succeed in today’s market place and become a legacy brand, your Company needs to find a way to connect with its customers like Club Med has. You need to employ passionate, enthusiastic people to share your company’s message (compared to sell), and it needs consistent branding so you carve out your niche and visibly stand out from the masses.

I challenge you to give some thought over the holiday break to how your company can create an emotional experience for your target customer. And it should be one that your customer raves about and longs for, even after they change their clothes.

beja, beja!

Staci

ps — a big thank you to Flavia, Mourad, Chef Shek, Chochu, Mimi and the rest of the Ixtapa GO team. We love you and can’t wait to see you again!

pss – to check out the resort, click on the You Tube videos below — make sure to turn on your speakers!

( Dana – do you see Marcelo?  Make sure to show the kids!)

Y’all know how strongly I believe Fashion and Music are connected.  Like fashion, music helps us express ourselves and provides with creative inspiration as well as motivation. 

I know what a struggle these last few days of Holiday shipping can be and understand the stress and pressure you are under.  Keep pushing….you are almost there.  Keep your eyes on your dream and keep it moving.    You have taken the  right steps and you are making your dreams a reality.  You are ready for it. 

So I hope this eighth single from Nicki Minaj, featuring Rihanna, moves you as much as it moved me when I heard it on the radio last night for the first time. 

 I came to win, to surive, to propser and to rise.  

How about you?

and because I like the words of this song SO much, here is a video of the song with just the words:

I know you’re “Ready For it.”

xoxo

Staci

Just breath, I tell myself and try (very hard) not to get frustrated over this major fashion faux paux.

I REALLY wanted to post on LMAFO’s new song “Sexy and I Know It,” but, alas, I feel compelled to respond to Bloomberg Law’s interview of Professor Susan Scafidi on IDPPPA, or the Destruction of Affordable Fashion Bill.

By now, you all know my position on the Destruction of Affordable Fashion Bill:

• it is not needed;
• it will increase the costs of fashion;
• it will interrupt the business of fashion;
• it lacks notice and administrability;
• it only benefits big fashion houses; and
• will cause tons of needless litigation.

But, after watching ProfessorScafidi’s comments during the Bloomberlaw interview (posted below), I felt compelled to again reiterate what ever litigator knows as fact: a heighten pleading standard will not deter frivolous litigation.  PLEADING, which you do in a complaint, and PROVING, which you do at trial, are two very different things. 

In a complaint, you only need to write words down on a piece of paper that you believe to be true at the time they are written.  Now, 99.9% of the designers I know think they create “new” and “unique” designs.  You fashion history students know that all of these designers are wrong — give me two days and two interns and we can find the “inspiration” and references to trace the history of the garment.

So, under IDPPPA’s “heighten pleading standard” all a designer needs to do is write on paper that their design is original and the suit stays in court.  Then, the improperly sued defendant must pay a lawyer to PROVE that the designer is wrong – i.e. the design is not “original.”

If the designer turns out to be wrong, which they likely will, there is no harm to them and they walk away.  Why?

Because these suits, like the countless number of suits brought by serial fabric copyright suers like LA Printex, are brought by Plaintiff’s lawyers who work on a contingency fee basis.  What does “contingency fee basis” mean? 

Paying your lawyer on a contingency means that if you lose, you doesn’t owe your lawyer any money.

Under IDPPPA, a Defendant, on the other hand, will have to shell out anywhere from $25,000 to $200,000 just to get rid of a suit where the design is NOT unique or original with law and motion – note that these cost estimate do not include cost of trial. 

So if what happens under the IDPPPA if the Plaintiff is wrong and the Defendant wins?  They still have to pay.  I guess the CFDA and ProfessorScafidi think that’s the fair way of doing business.

The solution?  Do not enact this needless legislation. 

But, if you really feel it’s needed, at least be equitable.  Write the bill so that the loser pays the legal fees of the winner and make sure there is a mechanism to get rid of improperly filed suits early.  We already have such systems in place – take a look at the SLAPP laws.  I already proposed that solution, which has been ignored.

Maybe, that’s because this bill was written by the Council of Fashion Designers of American (CFDA) and law professors, and neither understanding the workings of our court system. 

Sticking to my position on this bill, I repeat for the third time:

As a practicing fashion lawyer, litigator, former COO of apparel companies and the fourth generation of my family to work in fashion, law professors and politicians with no hands-on fashion industry experience should not be allowed to ”fix” something that they have no practical knowledge of. 

In sum, “heighten pleading standard” is only a scam – a red herring we lawyers call it – to make you think this bill won’t clog up our courts with stupid litigation.  So maybe I should just stop protesting — if this bill passes, it means full time employment for fashion litigators like me — and just write about fun stuff like Pitbull and Eminem.

Nah, I love and respect you guys too much to sit quietly in a corner and allow wrongdoing to continue.  So I guess, I will keep having to post on all the above.

xoxo

Staci

 

ps – I am also concerned that during the Bloomberlaw interview, Professor Scafidi states that “elements” of Diane Von Furstenberg’s wrap dress would get protection under IDPPPA, even though McCardell introduced the wrap dress in the 1940′s, well before DVF.  But maybe she had to say that because DVF and CFDA underwrite Fordham’s Fashion Law Institute.  While I may respectfully disagree withProfessorScafidi on most issues, she does seem to know who butters her bread.

In case you want to read more, here are my related posts:

Senator Feinstein Puts the Breaks on The “Destruction of Affordable Fashion Bill”

The “Destruction of Affordable Fashion Bill” or IDPPPA gets one step closer to becoming Fashion Law

Why IDPPPA is going to KO the Business of Fashion

IDPPPA: How to SLAPP the Sting Out of Frivolous Litigation

IDPPPA will not prevent frivolous litigation

BREAKING NEWS: New Design Piracy Bill Introduced into Senate

First take a deep breath.  I know the business of fashion is hard and September is a crazy month.

Now, say this with me:

We’re all right where we should be. 

Now, this doesn’t mean that you have achieved your full potential, can’t rise higher or are even stuck. Bruno Mars, along with Eminem uses “Lighters” to explain that life is a journey.

It can be hard, especially in the cut-throat business of fashion.  There will be negativity, haters, envious people and even well meaning people who just don’t get it who would rather tell you no than help you figure out how to get to yes.

But hear this: YOU HAVE TO IGNORE THE NOISE.

Listen to that voice in your head, that feeling in your stomach which makes you just know, deep down in your soul that your dream is valid, you have the ability and passion to accomplish it.

As Eminem explains, draw your strength and resolve from obstacles and set-backs:

Or was it, cause them bitches wrote him off…..
Now let these words be like a switch blade to a haters rib cage
And let it be known from this day forward
I wanna just say thanks cause your hate is what gave me the strength

And believe me, I am talking from experience.  It has been a hell of a challenging year, but you just got to buckle down, focus, keep your eyes on your dream and keep it moving.

Bruno explains this better than me:

You and I know what it’s like to be kicked down
Forced to fight
But tonight we’re alright
So hold up your lights
Let it shine

Just in case you are as tired as me, I want to make sure you see that Bruno’s “lighter” is his dream.  What’s your lighter? 

Do you want to be successful Fashion Brand?  Have you found your niche or defined your target customer?  How will you shine? What steps will you take to make your dream a reality? 

And in those dark moments of self-doubt, pity or even unfair treatment, know you have my support, and that of the Fashion Law movement behind you.

xoxo

Staci

photo credit: Rap-Up

ps – here is the “Lighters “video:

Good morning everyone!  I was so fortunate to be interviewed by CBS’s The Early Show on my thoughts on the Judge’s denial of Louboutin’s request for a preliminary injunction against YSL. 

While not shown on the clip below, the judge made the right call.

Want to know why?

Stay tuned for the rest of this post after I get back from camp – My daughter’s group is putting on a performance today!  I am such a proud mom #thejuggle

xoxo

Staci

photo credit: The Early Show

My fashion sister in law (get it?) Uduak Oduak has a great post today on the Kim Kardashian lawsuit against GAP, the parent of Old Navy.  Just in case you haven’t heard, Kim is suing GAP for Millions under Rights of Publicity Claims. 

What’s is Right of Publicity you ask?  Uduak explains:

“In basic English, these are state statutes that say a person, (or) company as in the case here, cannot use your “name, image, voice, signature, photograph, or likeness” for commercial gain without your consent. In California, you can find this statute under California Civil Code § 3344. The California statute applies whether you are alive or dead.

It used to be no one really paid attention to this statute. But now, Hollywood celebrities are using the statute where they would not have prevailed under other typical tort claims.”

Yesterday, TMZ reported:

“As TMZ first reported, Kim filed suit against Old Navy because she felt they were trying to intentionally deceive people into thinking she was a spokeswoman for the company by using a girl who looked just like her in their commercials.

But our sources say … the suit was filed because Sears felt the Old Navy commercial compromised its ad campaign for the Kardashian Kollection — an exclusive line of clothing and bedding that launches in about a month and a half.

We’re told Sears execs actually questioned if Kim was part of the Old Navy ads. The company feels the ad creates confusion in the marketplace and that happens to be exactly what Kim needs to prove to win her suit.

Bottom line — Kim doesn’t care about KK wannabes … but she cares a lot about a deal that could be worth hundreds of millions of dollars.”

 So what does that mean for the model?  Is it her fault she looks like Kim?  And is this suit really about the ad or could it be revenge as other news outlets report that the model is allegedly dating Kim’s ex, Reggie Bush?

Click here for the rest of Uduak’s post, and to see the commerical that started it all.

 xoxo

Staci

Hi y’all!  I am so excited to be able to share!  Uduak Oduok, a fabulous fashion lawyer herself, interviewed me at the International Licensing Expo (#LX11) held in June in Las Vegas.  I have to admit, it was my first video interview so I was a little nervous, but thanks to Uduak, it turned out great!

So, click the video below to learn my top three tips for successful Fashion Licensing (and a hidden tip about becoming a Fashion Lawyer too, so pay attention!  Btw, do you know we’re a movement?!)

xoxo

Staci

ps – A big thanks to @nataliecupps too!

In fashion, mood boards are common to help define a line or a season.  For me, I draw inspiration from music and see many parallels between music artists and fashion companies.  Take Pitbull for example. 

The son of Cuban immigrants, Pitbull had a challenging childhood in America.  Today, he is a multi-national brand.  Not only is Pitbull a Grammy nominated artist, but he hosts his own TV show, endorses Kodak and Dr. Pepper and co-found Bad Boy Latino with Sean Combs. 

So how did he do it?

He started out in his target market – Miami rap – in first in English and then in Spanish.  Pitbull successful grew his fan base by partnering up with other artists that helped him expanded his audience, such as the Reggaton phenomenon Daddy Yankee [another great example of cross-marketing success!],  T-Pain, Akon, Lil’ John and Jennifer Lopez’s in her latest hit single, On the Floor [Video].  And he made me fall in love with the Euro Dance sensation “We Don’t Speak Americano,” with his version Bon, Bon.  

So how can you emulate Pitbull’s success? 

• Build your core fan base first;
• Grow your brand by looking by looking for complimentary channels of distribution or similar target market demographics.  This first step must be a logical extension and not exclude your core supporters;
• Promote and market your Fashion Brand in any way that touches your target customer’s life;  remember not to overlook using marketing funds to support your licensees;
• Have courage and be creative so your future joint ventures are with unique and unexpected partners (like Lady Gaga and Polaroid); and finally
• While you may not have Pitbull’s voice, bring your own finesse, personality and passion to your product. 

Now remember, “It’s not how you start. It’s how you finish it.”

Photo credit: ClubPlanet.com

Answer: everyone seems to have their own definition.

Which is exactly why I think the Council of Fashion Designers of America’s (“CFDA”) “You Can’t Fake Fashion” campaign is inherently misleading.  Steven Kolb, CFDA Executive Director stated that the purpose of the campaign is to “educate consumers on the dangers of counterfeits and emphasize the importance of original design.”

With that sentence, Steven Kolb confuses two distinctly different problems:

1. 1.  Counterfeiting: which is the passing off of a fake item as an original item. For example, if you buy an name brand purse in Santee Alley or Canal Street or a flea market near you, you are most likely buying a bag with the brand’s trademarks (or imitations of their trademarks) that you want the world to believe original.  Selling counterfeits is illegal, but in fashion, the overwhelming majority of people buying a counterfeit purse (or watch, etc.), say buying a fake Louis Vuitton and Birkin on the streets of NY for example, do so on purpose and know that they are not buying the authentic bag.
2. 2.  Design originality:  Fashion has basically NO intellectual property protection in the United States.  That means that fashion existing in the public domain can serve as inspiration to another designer.  This freedom has lead designers to pay “homage” to collections of past designers by re-interpreting or re-interventing former designs, and to ”tweak” styles seen on runways to start trends across demographics and price points.  Fashion lawyers general refer to these types of goods as “knock-offs”  –  imitations, copies or inspirations.  As I have argued before, there is nothing truly original in today’s fashion world.

I further think @CFDA’s “You Can’t Fake Fashion campaign is purposely confusing.  WHY?

As you know, the CFDA is the main proponent of the Destruction of Affordable Fashion Bill, or the Innovative Design Protecttion and Piract Prevention Act (“IDPPPA”).  With that bill, the CFDA is trying to make design inspiration into piracy.

For lay people, the meaning of a pirated design, a knock-off or a counterfeit generally mean the same thing. Stealing someone’s trademark is wrong. Using a look from a trend service as a starting point for your collection is not.

For example, Adam Lippes, the designer behind ADAM, and one of the creators of a “Can’t Fake Fashion” bag, explained why he got involved in CFDA’s “You Can’t Fake Fashion” campaign:

Even being a contemporary designer, we will see our exact sweaters in retailers, I mean to a t,” the designer says, “a lot of them [fast fashion retailers] can move faster than we can, so the copies can be in stores before we can even ship our products. It’s really important to respect the creativity.

Sorry Adam, but that’s not counterfeiting.

Interesting that the CFDA participants don’t even understand what practice they are trying to prevent!  Maybe the CFDA should educate its designers on the difference between permissible inspiration and illegal counterfeits.

And if CFDA really wanted to contribute to the anti-counterfeiting cause, it should have designed a campaign to raise more that $7,500.00.  As aptly reported by Styleite:

We get that every little bit helps, but in the grand scheme of things $7,500 is an itty bitty little bit of money. Last year, counterfeit goods represented a $600 billion chunk of the global economy, and that figure is expected to double by 2015.

And Recessionista also makes a valid point on the CFDA’s “You Can’t Fake Fashion” campaign:

[$7,500.00 is] not exactly enough to stop the multi-billion dollar faux bag industry.  Ironically, it has only created another kind fashion snobbery, the exclusive “You Can’t Fake Fashion” Canvas Bags limited edition bag.

So, with WWD reporting that hearings on the Destruction of Affordable Fashion Bill, or IDPPPA are set for July 15th, and CFDA very publicly promoting its “You Can’t Fake Fashion” totes, what type of “fashion crime” do YOU think CFDA’s campaign is honestly trying to prevent?

As a fashion lawyer, I don’t believe in coincidences.

xoxox

Staci

photo credit: Styleite