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m but alas they couldn t get the trademark the denials have the ring of truth and not only because of the length of the planning process after all naming a brand after a family feud wouldn t exactly create positive associations then again pookie and louisa and their own golden logo may have been more influenced by the importance of trademarks in the legal sense than the official story reveals a search for their trademark marks in categories ranging from clothing to jewelry to bags to eyewear and even stationery indicates the name of the company to which they re registered 21st century survival llc logomania is dead long live the logo protected pleat new perry ellis bio celebrates trademarked innovation by susan scafidi on october 17 2013 american designer perry ellis celebrated in a new and comprehensive biography was a true innovator in fashion design and in law not only did he embrace licensing as a means of extending his empire but his eponymous company also posthumously trademarked his signature shoulder pleat on men s shirts and subsequently used in many other garments from coats to women s jackets quite a cutting edge trade dress registration for 1997 photo of perry s pleat and drawing for u s trademark number 2037960 the mark consists of a pleat of fabric which runs from the shoulder to the cuff on each sleeve of a shirt which is not part of the mark but is shown to indicate the position of the mark congratulations to designer jeffrey banks an american original in his own right as well as an eloquent advocate of design protection and to his co authors on a beautiful volume lauding the all too short life and long lived influence of one of the pillars of american style enjoy the book but remember please don t pilfer perry s pleats louboutin s immortal sole used to attack islam by susan scafidi on september 29 2013 christian louboutin s spike heels have become the weapon of choice in a right wing politician s campaign against the growing influence of islam in belgium but the iconic shoe designer has taken a legal stand against this unauthorized use of his red sole trademark the controversial ad shows what are reportedly the legs of flemish senator and miss belgium 1991 anke van dermeersch under a black skirt with its hem lifted and demarcations ranging from stoning and rape at the micro and mini lengths to moderate islam below the ankles and sharia conforming at floor length the image presumably inspired by the rosea lake photo judgments that went viral earlier this year is accompanied by a caption reading liberty or islam ms lake could have a copyright complaint of her own but that s another discussion while louboutin has little control over who buys and wears his shoes a concern that other famous brands have faced in the past the lawsuit claims that the use of his signature red soles in the ad tarnishes his image and should be enjoined and there may be more than brand identity at stake the political campaign appears against a background of tension over the increasingly large and influential muslim population in belgium and violent protests last year following the distribution of an american film critical of islam kenneth cole s tradition of provocative advertising aside shoe sales and partisan politics don t mix and match but what about free speech especially political speech you ask while the nuances of belgian law are best left to local experts it is key that this isn t simply a matter of a polarizing politician putting on her favorite pumps or even an artist appropriating a fashionable trademark a la nadia plesner nor is it unwelcome commentary on or parody of a marketing campaign like the hitler wore khakis response to the series of gap ads depicting everyone from humphrey bogart to pablo picasso this is a case of unauthorized use of a trademark in unrelated advertising albeit for a political party and a point of view rather than a product whether or not the belgian court issues an injunction against the ad or indeed is able to stop the spread of the red soled image christian louboutin s legal decision to put his well shod foot down makes a public statement of its own comme des marques comme des garçons chanel esque curves create catwalk confusion by susan scafidi on september 28 2013 amidst a series of sculptures resembling clothing that comme des garçons designer rei kawakubo sent down her parisian runway today was the look below curvy coincidence or commentary on chanel you and counsel for chanel will have to decide since the avant garde designer apparently prefers to let her most recent visionary collection speak for itself longtime counterfeit chic readers may remember another paris mashup by one of ms kawakubo s countrymen yohji yamamoto from some 6 years ago so who s next images of the entire comme des garçons collection including look 4 above available on style com which will also add a review jailbait ny state considers law to protect child models by susan scafidi on june 9 2013 update october 21 signed into law by governor effective in 30 days wow update june 12 passed both houses of ny state legislature next step governor s signature backstage at new york fashion week it s about to get a little more crowded and potentially a lot healthier happier new york state senators diane savino and jeff klein joined model alliance members outside lincoln center today for a press conference announcing the introduction of a bill that would extend current state law protection of performers under the age of 18 to include models a parallel bill has been introduced in the lower house of the new york state legislature by assemblyman steven otis and the bills could pass as early as this week model alliance members and supporters including coco rocha speaking president sara ziff lily goodman alison nix paula viola and doreen small join new york state senators jeff klein and diane savino until now child models have been treated as a special category under new york law and have had very limited and little known protection under the auspices of the state education department rather than the more extensive requirements for child actors musicians dancers etc enforced by the state s department of labor each model and former model who spoke acknowledged her own success in the industry but also revealed the ugly side of the business of glamour the appalling stories from their teen years ranged from what we might delicately term attempts to impair the morals of a minor model to pressure to drop pounds from already skinny frames or to drop out of school in order to pursue modeling full time in recent years the efforts of the cfda health initiative and a collective pledge by the worldwide editions of vogue have already moved the minimum age of most models on new york runways and in many editorials and ad campaigns from 14 to 16 at the same time drawing attention to health issues so what would it mean for models under 18 to be considered child performers under new york law in other words what would designers advertisers and others who hire models have to consider in order to hire fresh new faces this fall the regulations are extensive but here are a few key points continue reading jailbait ny state considers law to protect child models philomimesis celine designer flattered by copies says vogue or is she by susan scafidi on february 15 2013 american vogue s march ipad edition is a fresh surprising embrace of technology from the harry potter esque preening and posing portrait of beyoncé on the cover to music clips to a video interview with alber elbaz the future of magazines is finally here perhaps the most eye opening part of the issue however is a feature by hamish bowles on céline cult designer phoebe philo who not only revived the brand but created a new and influential version of chic minimalism she also created the perfect handbag but i digress the article s descriptions portray her as a woman of contradictions reveling in her influence but at the same time almost fetishizing privacy and declaring that not existing on google is the ultimate in chic perhaps there s a reason that neither that handbag nor the house s collections are available for sale online except secondhand or counterfeit her take on what the article describes as a veritable industry of high street imitations is at once extraordinarily predictable and positively puzzling i ve got friends with copied pieces says philo my mum s even got a knockoff bag i love it she says i m nothing but flattered like coco chanel before her philo feels that when you are not being copied that s when it s time to worry so far predictable the standard cool designer response to copying is always to invoke the f word flattered of course she s even got her coco quotes down the puzzling part is that céline is owned by lvmh the world s largest luxury conglomerate and the company that has in past declared a zero tolerance policy when it comes to fakes backing up its position with litigation that while not frequent has been more experimental than that of some other storied fashion houses as more than one in house counsel has told me we all watch lv did someone clear the quotes with hq and was ms philo not aware of the self correction offered by marc jacobs years ago after a similar slip on the other hand perhaps what we might call phoebe s philomimesia is more clever than it appears at first gasp what you didn t gasp mlle chanel reportedly tossed off a couple of bons mots indicating indifference to copying but in reality also exercised her considerable french legal rights when in came to copyists the notoriously independent designer even partnered with fellow couturiere madeleine vionnet to vanquish a particularly persistent pirate in other words she knew what to say to the press and the public to appear cool as a cucumber about copying but was all business in the courtroom the occasional historical fact comes in handy amid a sea of questionable quotes back in 2006 when i testified in congress with regard to concerns about copying one of the opponents of protection tossed off an ill considered chanel quote and shrank visibly after i politely added historical context i don t know that he s been heard from on the subject since though that hasn t stopped others from deliberately offering out of context quotes phoebe may be as smart and subtle as coco in managing her audience especially since she must be aware that the lvmh legal team keeps busy on behalf of its family of brands and she did refer to knockoffs rather than to actual counterfeits attempting to appear genuine or she may simply have been speaking off the cuff after all it s understandable that designers are flattered by admiration for their work perhaps even when that admiration is at the hands of thieves with good taste though designers with an eye on the bottom line have learned to be wary of the financial fallout from copying and as a fellow who d been convicted of counterfeiting once told me you really can judge the rise and fall of labels fortunes by what s most popular on canal street carefully constructed or clueless the quoted remarks suggest a recommendation to ms philo on which we can all agree phoebe please buy your mum a real bag no i don t have an encyclopedic knowledge of extremely obscure medical terms like philomimesia and certainly not of one that as of now appears exactly 5 times in a google search only 2 of those in english a chic achievement in phoebe s world it s just a word that i thought ought to exist with a less extreme valence than the medical definition i therefore propose that we shorten slightly it to philomimesis for convenience use it in popular parlance to indicate a love of copies or copying note an ancient greek etymology philo mimesis add an adjectival form philomimetic and consider it the perfect pun in context or a contagious social disease occupy fashion week will interns turn out by susan scafidi on february 2 2013 new york fashion week is all about what s in and what s not and on the eve of the fall winter 13 shows occupy wall street has announced plans to enter the fashion fray and proclaim unpaid internships out is ows still around you ask and why has the movement turned its attention from wall street and finance to 7th avenue and fashion or more immediately to the fashion week tents at lincoln center presumably fashion s glamor quotient and the publicity potential provided by the phalanx of photographers outside the tents are contributing factors but perhaps so is the fact that unpaid internships are particularly prevalent in fabulous fields like fashion publishing and entertainment the oft repeated refrain of the devil wears prada a million girls would kill for this job is true not only of poorly paid entry level assistantships but also of internships less lustrous corners of the labor market like garbage removal and pest control are not besieged with constant requests to take on a colleague s friend s cousin s kid as an intern please as a favor and so from an industry perspective why not admit interns to the inevitably less sparkling world behind the scenes and let them make themselves useful well labor law is the reason why not or at least why employers should proceed with caution back in 2010 the new york times reported that with paid jobs scarce and the numbers of unpaid internships on the rise the u s department of labor was stepping up scrutiny according to its 6 little known and less heeded criteria for unpaid internships many employers including fashion folks got nervous internships continued however with requiring school credit becoming a common means of making sure that interns were compensated in some form some companies even decided to offer token wages upon request we created a fashion law institute memo summarizing the federal law along with a few sample designer do s and don t s and for the most part the issue was forgotten until former fashion magazine intern diana wang sued hearst publications in a widely publicized lawsuit that has since become a class action in a mild linguistic chuckle the firm representing the interns is outten golden and then the issue was largely forgotten again now enter ows which apparently has an intern labor rights division the movement has tried protesting new york fashion week before with embarrassingly minimal turnout will they be more of a presence this coming week with a specific issue in mind and will interns rushing backstage with their arms full of designer duds decide en masse to join the picket lines instead that is will there be any impact hard to tell since veteran fashion editors are accustomed to walking past passionate protests over everything from fur to the designer daughter of an uzbek dictator but at least we may find out what one might wear to protest something as universal as fashion instagram s island of misfit terms by susan scafidi on december 18 2012 santa s elves aren t the only ones who have been working feveri...