As we end this year of 2021, it’s a proper time to look back on the top 10 fashion and law news that gave us moments of amusement, sadness, and excitement.

1. Fashion enters the Metaverse:

From video games by Collina Strada and Balenciaga to start-ups creating digital clothes, fashion began experimenting with gaming and virtual reality in 2020. However, in 2021, some of the most influential brands went beyond notions and invested real money in the metaverse. Balmain, Dolce & Gabbana, and Gucci all sold NFTs; Balenciaga collaborated with Fortnite on a line of skins; and Nike acquired Rtfkt, the “Supreme of digital fashion” that combines fashion collectibles and gaming.

2. Huawei Triumphs in the Trademark Case Against Chanel:

Chanel’s trademark battle with Chinese tech behemoth Huawei hit a snag this year, with the French fashion house attempting to block Huawei’s attempt to register a trademark with the European Union Intellectual Property Office for use on computer hardware and software programs because the mark is too similar to its famous double “C” logo.

A panel of judges from the EU General Court sided with Huawei, ruling that the respective parties’ marks “must be compared as applied for and registered, without altering their orientation, the figurative marks at issue are not similar.” While the marks in question share certain characteristics, the court held that the marks are still “visually different” – from “the more rounded shape of the curves” to “greater thickness of the line of those curves in [Chanel’s] mark as compared with the line of the curves in [Huawei’s] mark.”

3. Nike Sued MSCHF Over Modified “Satan Shoes:”

One of the most intriguing litigations of 2021 was also one of the most recent to be dismissed. Nike filed a trademark infringement and dilution suit against MSCHF, accusing the Brooklyn, New York-based “art collective” of “taking orders for the customized Nike Air Max 97 shoes” that it had “materially altered to prominently feature a satanic theme” just hours after it released more than 600 pairs of its blood-infused “Satan Shoes.” The highly-publicized debut sparked enormous customer outrage, including a storm of social media comments and calls for a boycott of Nike because of the customized sneakers, which caused severe brand damage.

The case, which settled within two weeks and it also raised several appropriate issues, including ones that revolve around the legality of marketing and selling original and authentic, trademark-bearing goods that have been modified, which has been a cause of action in many recent cases, as customized goods continue to find favor among consumers.

4. Israel- Bans Fur Sale in The Fashion Industry:

   Israel’s announcement to ban the sale of fur in the fashion sector was praised by the International Anti-Fur Coalition, who called it the ‘first-ever country’ to do so.

Israel’s Minister of Environmental Protection, signed the bill after an awe-inspiring 86 percent of Israelis voted in support of it. The Wildlife Protection Law modification restricts the INPA director’s maneuvering room but allows him to continue giving licenses provided the pelts are utilized for “religious tradition, scientific research, education, or instruction.”

This loophole does not apply to Jews, who regularly wear cake-shaped sable hats known as shtreimels on Shabbat and holidays, but importers will now need to apply for special permissions.

5. Luxury Mergers & Acquisitions:

In the realm of luxury fashion, there have been several mergers and/or acquisitions that have set tongues wagging from all walks of life. Some of them are:

Chanel and Paima

The acquisition of a significant share in Paima by Chanel is the most recent luxury restructuring of a company. After more than two decades of collaboration, Chanel purchased a majority investment in the Italian firm, signaling the fashion house’s aim for more control over its manufacturing processes and supply networks.

Authentic and Reebok

Reebok was purchased by Authentic Brands for €2.1 billion from Adidas, the German sportswear powerhouse. The agreement was signed on August 12th, 2021. Authentic Brands is a New York-based company that also owns Forever 21, Brooks Brothers, and Eddie Bauer, purchased Reebok in the hopes of revitalizing the sportswear label.

Reliance – Ritu Kumar and Manish Malhotra’s fashion labels

Reliance Industries has bought a 52 % share in Ritu Kumar, a well-known designer label. The 35 % investment held by Everstone Capital in India’s Ritika Pvt Ltd, which controls the Ritu Kumar brands, was purchased by Reliance Retail as part of the majority share transaction. Reliance Brands Ltd (RBL), a subsidiary of Reliance Industries Ltd, has secured a 40% share in Manish Malhotra’s MM Styles Pvt. Ltd.

6. Marc Jacobs stages a major comeback:

Marc Jacobs was away from the runway for well over a year, while his competitors tried virtual shows and look books to stay on course with the fashion calendar.  Held at the New York Public Library in June, Marc Jacobs couture, which featured cocoon shapes, gigantic platform shoes, holographic dresses, and trailing faux furs. “This collection was more about pushing the fashion bar than it was about where we’ve been or the current fashion conversation,” wrote Nicole Phelps of Vogue Runway. The collection’s title is “Happiness,” according to Jacobs.

7. Infringement & Influencers:

 A California federal judge ruled in August, that a party hired to endorse a product could be held accountable for trademark infringement if they promote a product with an allegedly infringing name. Judge Cormac Carney of the United States District Court approved part of Molly Sims’ motion to dismiss the complaint brought against her and Rodan & Fields over the promotion of a product called “Brow Defining Boost.” Petunia’s direct trademark infringement and unfair competition charges were not dismissed by Judge Carney, who found that Petunia had established that: (1) Sims “used the trademark in commerce,” and that (2) “her use was likely to confuse customers as to the source of the product.”

8. The return of Met Gala:

This year, fashion’s largest night returned, but with a few changes, such as requiring attendees to provide proof of vaccination and a mask-on policy indoors (except when dining or drinking). The focus was on the red carpet when celebrities made their entrances and showcased their beautifully planned costumes, but what was surprisingly more entertaining to observe was how some of them used their face covering as a creative accessory.

Kim Kardashian wore a Balenciaga costume that covered her entire head, while singer Grimes made hers a tremendously eye-catching feature of her Dune-inspired attire.

9. Rise Of Fashion NFTs:

This is the year of non-fungible tokens, and high-end fashion houses have jumped on board with the cryptocurrency fever, each releasing their kind. It’s no surprise, given that these digital assets have been known to sell for millions of dollars.

This year, Gucci debuted its first official NFT with a short video produced to commemorate the Aria collection and its 100th anniversary, while Burberry and Louis Vuitton went right to gaming.

10. Tiffany & Co., Costco Settle Years-Long Lawsuit:

 Tiffany & Co. and Costco reached an agreement this year to end their long-running legal battle, which began on February 14, 2013, over the warehouse chain’s selling of “Tiffany” rings that were neither created nor authorized by the renowned New York jewelry company. Last summer, the U.S. Court of Appeals ruled that “discriminating” Costco consumers would not be confused about the origins of the rings, and that Costco’s use of the “Tiffany” name was not intended to deceive customers. During the relevant period, 3,349 people purchased “Tiffany” rings at Costco, according to Tiffany’s estimations.

References:

1. (December 20, 2021) Fashion Law in 2021: 12 of the Year’s Noteworthy Lawsuits, The Fashion Law.
2. Emily Farra (December27, 2021) The year in fashion: 20 moments we’ll remember most from 2021, Vogue. https://www.vogue.in/fashion/content/the-year-in-fashion-20-moments-well-remember-most-from-2021

3. (December 30, 2021) Year in Review: Trademark Trends, Filings & Cases of 2021 – Part II, The Fashion Law.

The post Top 10 Fashion Law News of 2021 You Must Know!! appeared first on Fashion Law Journal.

“The pandemic has caused a shift in the way people engage with their clothing,” says Forbes-Bell. The shift has led people to choose clothes that they are physically and psychologically comfortable in and hence we can see an increase in trends related to loungewear and athleisure. The difficulty to connect with their customers and make their brand stand out in the cutthroat market has not been easy for all brands to adapt to. COVID-19 has torn apart the fashion calendar and caused fashion heavyweights to postpone or outright cancel their shows.

Anthony Vaccarello, the creative director at Saint Laurent, wrote in an Instagram post “Now more than ever, the brand will lead its own rhythm.” The Phygital – physical and digital fashion weeks have made big fashion houses reshape their structure and align them with contemporary needs. The hybrid transformation in the fashion industry has made Fashion brands rethink how they stand out, lead the conversation, engage their communities, and communicate their brands, ideas, and creative output. Beyond showcasing and selling their collections, they now need to consider how to create ongoing, lasting, and culturally relevant conversations, both offline and on social. This has aided the fashion brands to increase their outreach and interact with a wider potential customer base. Live sessions and Q&A with influencers, fashion podcasts, social media take over by ambassadors, viral challenges have made the customer recognize and connect with a brand’s identity. 

The digitization of fashion is not something new but Burberry has streamed its shows online for over a decade. The hybrid fashion week has created various new opportunities to explore the digitization world with the help of virtual reality and 3D technology. It has opened for an unseen reality where there is ample scope for creativity, innovation, and prospects. The exclusivity that fashion brands always stood for has been blurred with the new reality. The brand’s identity is defined by their creativity, inclusivity, and work which at all times is under the public eye for debate. 

 But the difficulty lies in making sure the audience has a lasting experience both physical and virtual. Fashion week prior was always about budget, a beautiful expensive venue, with the most famous models, and an amazing front row of influencers, editors, and socialites. For the first time, the brands will be on the same playing field because they may spend millions of dollars on a video but if the video is bad, they can’t hide behind such secondary factors that goes into a regular fashion show. Fashion week is about dressing up, getting clicked on the streets by paparazzi, networking with people over parties which is difficult in digital reality. The traditional notions of Fashion week have been challenged and need to adapt to the new reality.

Adaptability- the only way ahead

The pandemic has made it impossible to organize fashion weeks as they used to be earlier. During such a health crisis, even hosting a fashion week, the brands may receive major backlash. The brands need to find a way to be relevant in the current scenario. The Copenhagen Fashion week was one of the first hybrid fashion weeks that is, which was broadcasted digitally and held physically. The designers got to showcase their idea and creativity on a larger scale than before. CPHFW has planned to set action and guidelines to push the fashion industry into sustainability till 2023 and adopting the 17 minimum sustainability standards. The standards of sustainability and change were the center of conversation in this hybrid fashion week.

To ensure a remarkable experience the designers have shifted the focus from only catwalk and presentations to Instagram live sessions, virtual showrooms have helped connect a lot of people around the world. Now, the customer will not only be buying the products but also watching, talking, and participating in the fashion weeks. A promising show and collection will help create a buzz over digital platforms. 

Some positive views on this new reality are, 

“By creating a cultural Fashion Week platform, we are adapting digital innovation to best fit our needs today and something to build on as a global showcase for the future,” Caroline Rush, the chief executive of the British Fashion Council.

 “Digital is clearly part of the shape of fashion to come and we will take it as an opportunity for innovation to complement tradition,” Ralph Toledano, the president of the FHCM.

“The idea that this season I will present the collection with a digital tool gives me great energy and freedom of thought because I can finally enter directly into people’s place,” Alessandro Sartori, artistic director of the Ermenegildo Zegna Group.

“There’s resilience in fashion, Fashion is about reinventing itself.” Steven Kolb, CEO of the Council of Fashion Designers of America.

The fashion industry adapted very quickly recognizing the importance of live and digital shows. During the darkest times, creativity and innovation have bought light and hope to the fashion industry.

Challenges with changing reality

The fashion industry has seen new challenges emerging every day in the past few years. From keeping up with supply to falling demand in a pandemic, from making workers work overtime to laying off workers in a pandemic, from trending design to comfortable clothes, the tests are unlimited. The shift from live shows to digital shows wasn’t initially not accepted by a lot of brands. Most of the big brands like Off-White, Giorgio Armani, Balenciaga were reluctant to have digital fashion week in 2020. But with rising demand for hybrid fashion weeks and its popularity, most major houses reshaped their brand identity. There are still some Brands that are reluctant to change and only time can tell if they will be able to survive. 

Now with the increased transparency in the industry and customers, there are various challenges that the designer has to be ready to deal with. Digital fashion week might not be able to create the same excitement, atmosphere, or energy that a physical fashion week has, so designers need to explore the creativity and organize shows which will be able to fill this gap. Some people are also predicting that this is the end of fashion weeks and brands might stop season collection and produce clothes throughout the year. This seems like an exaggeration but with changing winds this too could be a possibility shortly.

Phygital Fashion week- the new reality?

The rising trends with fewer people in physical shows and a large audience connecting from 100s of counties have gained a lot of popularity. But brands are still finding it difficult to reach their targets and the demand has also been low. With a larger number of audiences, the criticism faced by designers has increased. The sustainability standards, inclusivism and representation of all communities, willingness to adapt, innovative design of all fashion houses is subject to scrutiny. 

Fashion brands need to keep up with the customers and the customers are online. Live experiences will mean physical and digital experiences. Fashion houses have a whole new area to explore and reinvent their brand identity. Phygital aspect has been a blessing in disguise. It will help the designers to present their ideas directly to the customers sitting at their home. Fashion houses now need to align their brands with social, economic, and cultural guidelines. Now, with fresh perspectives and innovations, there is a chance for fashion houses to prioritize sustainability.

Phygital v Physical Fashion Week:

The young fashion consumers have not connected to the brand exclusivity or logo anymore, they prefer trendy, fashionable, and comfortable clothes. During the pandemic, a lot of small businesses on Instagram and social media websites boomed and the only reason was their online presence and connection to customers. They were able to interact with a large audience and be relevant in the current scenario. The phygital fashion weeks are an evolution of physical fashion weeks. In Phygital fashion weeks, the fashion houses get a chance to connect with a wide audience, express their creativity through clothes, become more sustainable and inclusive. There is a lot of scope for creativity and innovation to present their designs and clothes with the help of virtual reality. But the shift will not be easy. Getting clicked on the streets, socializing at parties, excitement to get ready, roaming the streets with new designer clothes all these things cannot have the same impact digitally. Fashion houses need to find a way to connect with their customers and keep them engaged. The use of technology will play a crucial role in the fashion industry’s advancement. The Phygital fashion week has created numerous opportunities in the fashion industry that need to be discovered but at the same time, they need to find a way to make the Phygital experience as remarkable and mesmerizing as the physical one.

References:

• Eliseé Browchuk (2020, June 29) Digital Fashion Weeks and Virtual Shows: A Rundown of Fashion’s New Rhythm, Vogue. https://www.vogue.com/article/digital-fashion-weeks-2020 
• Mike White (February 24, 2021) How brands stood out in the digital chaos of Fashion Week, Campaign. https://www.campaignlive.co.uk/article/brands-stood-digital-chaos-fashion-week/1708267 
• FORECASTING FASHION WEEK: The Future of Runaway, Global Fashion Agenda. https://www.globalfashionagenda.com/forecasting-fashion-week-the-future-of-the-runway/# 

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