Week 9 EOC: Letters of Permission

I chose to do a permission letter to use trademarked property because I think that is something I may have to sometime use if I become a clothing designer in any way. Trademark issues come up all the time when it comes to working in the fashion industry. I also chose to do a permission to use content online. As a professional in an industry that is becoming more and more online based, knowing how to get a release of a trademarked image will come in handy when it comes to working for a label’s online store or website. I’m also very interested in going into the online press of a label in terms of the company’s social media presence and what kind of online content they want to use on the company website. I also did a model release form because as fashion professional, I will probably use models in some sort of capacity quite often. That is a pretty basic form that an industry professional should be familiar with. I also did a photo release form which I believe I will use when setting up an online store of my own or maintaining a company website for someone else.

Week 8 EOC: Bratz Brawl

“Heading into the Barbie vs. Bratz copyright trial, it had been assumed that the legal battleground would be a timeline of events: Was Carter Bryant, the designer of the pouty-lipped Bratz doll, still an employee of Mattel when dreamed up the now-$500 million per year franchise owned by MGA?” (http://blogs.wsj.com/law/2008/06/09/in-barbie-and-bratz-case-is-the-chronology-the-key/) “During the first trial in 2008, a jury in Riverside found that Bratz creator and former Barbie designer Carter Bryant was in Mattel's employ when he developed the concept for the immensely popular dolls. Mattel was awarded $100 million in damages and Van Nuys-based MGA was ordered to turn over the franchise and stop making and selling Bratz products. That decision was overturned in July by a three-judge panel of the U.S. 9th Circuit Court of Appeals; the case was later sent to Santa Ana for retrial.” (http://articles.latimes.com/2011/feb/11/business/la-fi-0211-bratz-mattel-20110211) Mattel is claiming this is a case of a stolen trade secret, which is costing them billions of dollars in potential revenue. “Mattel alleged in papers filed late Wednesday that the trial was tainted when MGA's Isaac Larian testified that Mattel caused the stress that led to his father's death and destroyed his family, among other things. Mattel is asking U.S. District Judge David O. Carter to declare a mistrial or tell the jury the statements are false. Quinn said in his opening statement last month that MGA has sold $3.3 billion in Bratz and related products, with $292 million in profits, while the doll line decreased Mattel's Barbie profits by $393 million.” (http://www.huffingtonpost.com/huff-wires/20110210/us-mattel-bratz/) This really seems to be a case of Mattel wanting to lay claim to the idea because they just wish they had been the company to release it since they have lost money since the release of the Bratz dolls. Without some sort of written proof that Carter Bryant was indeed employed at Mattel while he thought up the idea for Bratz, I don’t see how Mattel can have a case.

Week 7 EOC: 10 Intellectual Property Questions

1. As a designer of luxury goods, what would my legal rights be if I found someone with a counterfeit copy of one of my products?

2. I work at a swimwear store. Buyers from Victoria Secret come into our store and buy a bunch of suits that they take back to their designers to copy and sell for lower prices. Is there anything legally the company I work for can do about this infringement and cut into their sales?

3. What about the rights of the designers of the suits that are copied?

4. Would it matter if only a part of the design of the suit was copied or would it have to be the entire product as a whole?

5. If something isn’t done soon about the Chinese disregard for the United States Anti-piracy laws, do you think it is going to even more deeply hurt the economic position of the fashion industry globally?

6. Can a fabric be trademarked?

7. Would I be at risk of getting sued if I used the same fabric widely associated with a designer but not containing their logo if the trademark isn’t trademarked?

8. Many people from other countries go into widely recognized private label stores like Victoria Secret, buy items at retail, then go home and sell them. Is this brand infringement if they say they aren’t associated with the store or the brand?

9. If a company uses a famous band or musician’s words on their fashion products, but adds to the words to make them different or satirical, is that copyright infringement?

10. How hard is it to get the rights to use images or words from musicians to use on fashion goods?

Week 6 EOC: Illicit

“Fake handbags, watches, shoes, and perfumes. The business of Counterfeit Goods is the largest underground industry in the world. Hundreds of billions of dollars are generated while sapping the economy, putting lives in jeopardy, and funding organized crime in the process. At around 7% of all global trade, counterfeit goods are a big business with low overhead. It makes too much money to go away anytime soon.” (http://www.cnbc.com/id/37824347/) In every country, counterfeit goods are being confiscated. These days it’s not just fashion goods that are at risk to be counterfeit. Almost anything you buy could be a counterfeit. Medicine has been found that’s made with poison and other everyday items are found to be unstable to the point that they could blow up or melt. “Among the most lethal counterfeits are medicines. Imposter products, including counterfeit cough syrup and baby formula, have killed thousands worldwide ... and the death toll continues to rise.” (http://www.cnbc.com/id/37824347/) “Counterfeiting has become such a problem in the United States that Congress has even gone so far as to pass the “Stop Counterfeiting in Manufactured Goods Act” in 2006.” (http://www.iccwbo.org/uploadedFiles/BASCAP/Pages/crime.pdf) Having only seen a few fake handbags, I can understand the reasoning behind making them. The ones that are copied are expensive and only the very rich can afford them. However these brands have earned the right to make their price points as high as they please. They are targeting a specific market and if you can’t afford to be part of that market, don’t add to the problem by buying a fake replica. A logo is a trademark that has been paid for and earned. It’s plagiarism to copy that and those that do should be punished. The fashion goods that I’ve seen copied are poor imitations of the real ones and aren’t worth the money paid for them.

Week 5 EOC: Lawyers looking for fame

There are many lawyers out there that look for celebrity clients or high-profile cases in order to be in the limelight. One such lawyer is Mark Geragos of the Scott Peterson case, the Micheal Jackson child molestation case, Winona Ryder's shoplifting case, and politician's Gary Condit and Susan McDougal in the Whitewater scandal. Most recently Geragos represented Jeremy Mayfield, the suspended NASCAR driver, and Chris Brown, who plead guilty for beating Rihanna. He is also assisting David Carradine's family in the investigation of his death. He is what is known as a "celebrity lawyer." He has built his career upon going after celebrity cases. Another lawyer like this is Martin Garbus. His "client list reads like a Who's Who of authors, actors, and playwrights, including Al Pacino, Sean Connery, Richard Gere, and Tom Brokaw. It also includes Miramax and Bloomberg, L.P. and Nelson Mandela. The legendary First Amendment advocate made a name for himself when he defended Lenny Bruce against obscenity charges. He later continued the theme in representing Don Imus." (http://www.businessinsider.com/top-ten-celebrity-lawyers-2009-10#martin-garbus-5) "In the entertainment business, there's one sure sign that you've made it: Allen Grubman is your lawyer. In what would seem like a conflict of interest for anyone else and is in fact fairly controversial, Grubman has represented by A-list artists and major musicians at the same time. New York Magazine has called him the music industry's "sole superpower attorney." (http://www.businessinsider.com/top-ten-celebrity-lawyers-2009-10#allen-grubman-7) These attorneys represent what gives lawyers a bad name. This is a valid and legal way to make a career out of being a lawyer, however. These people aren't doing anything wrong by choosing to only go after celebrity cases.

Week 3 EOC: Sample Jeopardy Questions

1. The paragraph in the patent application that concisely summarizes the nature, structure, and purpose of an invention.
A. What is Abstract?
2. This type of patent application may keep an original patent application alive after the examiner has issued a final rejection of the claim if filed within 3 months.
A. What is Continuation Application?
3. The decision by the U.S. Patent and Trademark Office to award a patent to an applicant.
What is Allowance?

EOC Week 2: What I think About Lawyers

Lawyers have gotten a bad rap through the years. With the media, television, and movies constantly making lawyers look like the bad guys, it's hard to know if they can really be trusted. It could be said that they are more superior to most of society simply because of the fact that they know how to manipulate the government system in order to make it work for them and their clients. However, this just means that they are useful to society because they provide knowledge on a topic that few people know much about. They go to school for a long time to learn the way the law works in this country. It is just another profession that happens to pay very well. If I went to school for 8 years I would expect to have a very good salary when I graduated as well. Just because they make money doesn't mean they are corrupt. Not all lawyers are just there to hurt people and take their money. There are lawyers that really help people out of sticky situations that they wouldn't know how to handle on their own. A lot of lawyers work for free until their clients win the case they are representing them on. That's a lot of work to do on the chance that a profit may not earned in the end. I have never personally hired a lawyer because I haven't been in a situation where I needed one. It is nice to know however that the help is there if I ever do need it. Finding a good lawyer I imagine could be tricky. I would probably take the advice of someone I trusted that had personally dealt with a lawyer and go on his or her recommendation.

Week 1 EOC: About Me

Fashion is a means of self-expression and a way that people communicate their personalities to others without the need for words. This is one of the reasons I decided to pursue a career in the fashion industry. A culmination of passions for style and knowledge has led me to fashion writing. From experience I know that looking one’s best is the only way to achieve success, whether that be professionally or socially. The total look is not only important in personal appearance but also in the quality of work I put my name on. Examining the marketplace for the newest trends and staying current with up and coming designers keeps my work fresh and relevant. Understanding the pace of the fashion industry and the standards that have been set with publications like Vogue keeps me ahead of the curve. In an age where everyone is an authority on fashion and can make their voice heard in numerous fashion blogs, I eventually hope that my writing will inspire and inform my audience of the importance of fashion in today’s society and how to utilize all the tools and style options that are available today.