Yet Another Kardashian Sham
Forget the alleged sham that was Kim Kardashian’s 72-day marriage, this alleged handbag ripoff is much worse, in my humble opinion! Styleite did a great piece on the Kardashian’s bag collection, which seems to flagrantly knock-off some of fashion’s most coveted brands, including, Balenciaga, Chloe, Yves Saint Laurent, Foley and Corrina, and Jason Wu.  They’re all pretty similar, but I think Balenciaga, Chloe and Yves Saint Laurent will all start bringing out the legal guns on this one.
[Photo: Left, Balenciaga; Right, Kardashian]

Yet Another Kardashian Sham

Forget the alleged sham that was Kim Kardashian’s 72-day marriage, this alleged handbag ripoff is much worse, in my humble opinion! Styleite did a great piece on the Kardashian’s bag collection, which seems to flagrantly knock-off some of fashion’s most coveted brands, including, Balenciaga, Chloe, Yves Saint Laurent, Foley and Corrina, and Jason Wu.  They’re all pretty similar, but I think Balenciaga, Chloe and Yves Saint Laurent will all start bringing out the legal guns on this one.

[Photo: Left, Balenciaga; Right, Kardashian]

The Business of Beauty & Careers in Fashion Law

It’s a busy month for fashion & law at the New York City Bar Association:

On November 1, the New York City Bar Association held a panel on “The Business of Beauty”.  In-house counsel at leading companies in the beauty business discussed their jobs, shared tips, and reviewed their career paths.  The event was sponsored by the City Bar’s Fashion Law Committee.  Panelists included, Erica J. Swartz, Trademark Counsel, Revlon; Bret Parker, Vice President & Associate General Counsel, Elizabeth Arden, Inc.; Monica Richman, Chair, Fashion Law Committee; Charles Colman (a good friend of mine and great lawyer!) of Charles Colman Law, PLLC; Anca Cornis-Pop, Global Marketing Counsel, Avon Products, Inc.; and Erica Breitman, Vice President, Assistant General Counsel, Coty Inc.  Fashionista covered the event, and gives some takeaways for those interested in entering the beauty industry either from a purely “beauty” perspective or from the lawyering end.

Also, check out the City Bar’s upcoming event on November 14: “Careers in Fashion Law”, where experts in the field will share their expertise and discuss job opportunities for students as well as their own career progressions.

I have been out of the gender-fashion loop for a bit, what with a new job and some vacationing in between.  I thought the best way to get back into it is with this New York Times article about men in heels.  Sure, for those in the fashion industry this is hardly something to blink at.  But, I’m not sure what to make of it.  I think it’s powerful though that men are wearing an item that has become exclusively gendered.  The item that defines the woman.  I’ve struggled with heels in the past.  Do they depict a strong woman, or are they just a way to show that women have to work extra harder (i.e., painful shoes) to be noticed, to look good?  Though the article does point out that heels and men are not a new phenomenon, Louis XVI wore five-inch red-accented heels - move over Louboutin!
[Photo courtesy of Amy Dickerson for the New York Times] 

I have been out of the gender-fashion loop for a bit, what with a new job and some vacationing in between.  I thought the best way to get back into it is with this New York Times article about men in heels.  Sure, for those in the fashion industry this is hardly something to blink at.  But, I’m not sure what to make of it.  I think it’s powerful though that men are wearing an item that has become exclusively gendered.  The item that defines the woman.  I’ve struggled with heels in the past.  Do they depict a strong woman, or are they just a way to show that women have to work extra harder (i.e., painful shoes) to be noticed, to look good?  Though the article does point out that heels and men are not a new phenomenon, Louis XVI wore five-inch red-accented heels - move over Louboutin!

[Photo courtesy of Amy Dickerson for the New York Times] 

Men in Skirts. In most parts of the world women alternate between skirts, dresses and pants, without really giving it a second thought. I have written about the curious, one-sided nature of cross-dressing before…Cross-dressing is a term that can be used to describe dressing in a way that is inconsistent with one’s gender. Whatever that means. Though today a woman wearing pants is not cross-dressing, she is simply wearing what she wants. A woman who wears pants is no longer seen as dressing inconsistent to her gender. But, for the sake of our discussion, women “cross-dress” when they wear pants, but it doesn’t really work the other way around. Men don’t wear skirts. Why? The article, “Redefining the borders of gender in fashion,” mentions briefly that in ancient times men wore skirts and dresses and it wasn’t unusual. But the article doesn’t go into much detail about the history of men wearing skirts and when that trend ended. Does anyone know more about this? What changed? Do you think the men-in-skirts-look will pick up again and last? You have to admire the designers like Jean Paul Gaultier, Rick Owens, Givenchy and Commes Des Garcons for pushing the boundaries. And of course, Marc Jacobs, who is often seen rocking the skirt.

Men in Skirts. In most parts of the world women alternate between skirts, dresses and pants, without really giving it a second thought. I have written about the curious, one-sided nature of cross-dressing before…Cross-dressing is a term that can be used to describe dressing in a way that is inconsistent with one’s gender. Whatever that means. Though today a woman wearing pants is not cross-dressing, she is simply wearing what she wants. A woman who wears pants is no longer seen as dressing inconsistent to her gender. But, for the sake of our discussion, women “cross-dress” when they wear pants, but it doesn’t really work the other way around. Men don’t wear skirts. Why? The article, “Redefining the borders of gender in fashion,” mentions briefly that in ancient times men wore skirts and dresses and it wasn’t unusual. But the article doesn’t go into much detail about the history of men wearing skirts and when that trend ended. Does anyone know more about this? What changed? Do you think the men-in-skirts-look will pick up again and last? You have to admire the designers like Jean Paul Gaultier, Rick Owens, Givenchy and Commes Des Garcons for pushing the boundaries. And of course, Marc Jacobs, who is often seen rocking the skirt.

Let’s end the week with some “fashion conundrums.” First, there’s been much talk about Tim Gunn’s statement regarding Hillary Clinton’s “gender confused” style. I don’t think I can be truly objective on this because I happen to LOVE Tim Gunn. I just do. And, he is entitled to his opinion, but it does strike me as odd that a man so immersed in fashion would bring gender into the conversation, as though the fashion world actually follows gender stereotypes? Has he not seen the Tilda Swinton spread in W? Or has he not heard of Andrej Pejic? Second conundrum of the week is featured in business of fashion’s article, “Fashion’s Intellectual Property Conundrum.” I thought this article was a great piece on the current debate about enacting greater protection for fashion designer’s. 

Let’s end the week with some “fashion conundrums.” First, there’s been much talk about Tim Gunn’s statement regarding Hillary Clinton’s “gender confused” style. I don’t think I can be truly objective on this because I happen to LOVE Tim Gunn. I just do. And, he is entitled to his opinion, but it does strike me as odd that a man so immersed in fashion would bring gender into the conversation, as though the fashion world actually follows gender stereotypes? Has he not seen the Tilda Swinton spread in W? Or has he not heard of Andrej Pejic? Second conundrum of the week is featured in business of fashion’s article, “Fashion’s Intellectual Property Conundrum.” I thought this article was a great piece on the current debate about enacting greater protection for fashion designer’s. 

Aside from making a funny, judge Victor Marrero of New York’s Southern District, did not rule on the case of the red-soled shoes just yet, stating that he needed to look at the facts more before coming to a final decision. Christian Louboutin sued YSL for trademark infringement when YSL created the red-soled shoe pictured here. Louboutin registered the red sole as a trademark in 2008.

Aside from making a funny, judge Victor Marrero of New York’s Southern District, did not rule on the case of the red-soled shoes just yet, stating that he needed to look at the facts more before coming to a final decision. Christian Louboutin sued YSL for trademark infringement when YSL created the red-soled shoe pictured here. Louboutin registered the red sole as a trademark in 2008.


We’ve seen Kirsten Dunst don the masculine look at this years CFDA awards, and we’ve explored the Le Smoking jacket that Marlene Dietrich often sported, and in similar fashion, we have Tilda Swinton’s look on W’s August issue. I cannot think of a better picture to end the week with. Tilda is looking swag as ever. This look epitomizes the concept of gender/fashion law. Check out the rest of the spread. 

We’ve seen Kirsten Dunst don the masculine look at this years CFDA awards, and we’ve explored the Le Smoking jacket that Marlene Dietrich often sported, and in similar fashion, we have Tilda Swinton’s look on W’s August issue. I cannot think of a better picture to end the week with. Tilda is looking swag as ever. This look epitomizes the concept of gender/fashion law. Check out the rest of the spread

A great wrap-up of the scandalous episodes that unravel (pun intended) when fashion meets justice, well sort of.

A great piece on “gender blurring” in the fashion industry, featuring pictures of fashion’s iconic “gender-norm pushers” like Marlena Deitrich, Annie Lennox, Boy George, and of course, the newest icon, Andrej Pejic. I especially loved the pictures of Tilda Swinton for the August issue of W magazine. There is also a short piece in New York magazine that cites Tilda Swinton’s “otherworldly, sexually ambiguous” look.

Legislative Hearing on the Innovative Design Protection & Piracy Prevention Act - Hearing Memorandum and Testimony

On July 15 there was a legislative hearing on the Innovative Design Protection & Piracy Prevention Act. The issues that were presented were as follows:

To what extent is design protection necessary for the fashion industry?
How has fashion piracy damaged the fashion industry? Can this be quantified in lost sales and jobs?
How effective is statutory design protection in the EU and other countries?
Could S. 3728 or another bill create an incentive for fashion houses to protect as many designs as they can; in effect, becoming fashion “trolls”?
Does the bill favor large design houses over small- and medium-sized businesses?
What will become of consumer choice under the bill? 
Does the federal Judiciary want to adjudicate these disputes?  Are they qualified?
Should the bill require the Copyright Office to administer the program through a registration system, similar to the one for vessel hull protection?  

I found the testimony given by Lazaro Hernandez, Fashion Designer & Co-Founder, Proenza Schouler, to be really compelling. He discussed the similarities between designing an original piece and creating an original painting. He also briefly mentions the PS1 satchel Proenza Schouler design that has been knocked-off endlessly and with no legal recourse: “Those suggesting that it helps designers to have their works knocked off have certainly never stood in my shoes.  Far from helping the designer, design piracy can wipe out young careers in a single season.  The most severe damage from lack of protection falls upon emerging designers, who every day lose orders, and potentially their businesses, because copyists exploit the loophole in American law.  While established designers and large corporations with widely recognized trademarks can better afford to absorb the losses caused by copying, very few small businesses can compete with those who steal their intellectual capital.”

Testimonials were also given by: Jeannie Suk, Professor of Law, Harvard Law School, Professor Christopher Sprigman, University of Virginia School of Law/Professor Kal Raustiala, University of California at Los Angeles School of Law and Kurt Courtney, on behalf of the American Apparel & Footwear Association.