Fashion Law Journal – Fashion Law Journal https://fashionlawjournal.com Fashion Law and Industry Insights Mon, 30 Dec 2024 09:20:05 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://fashionlawjournal.com/wp-content/uploads/2022/03/cropped-fashion-law-32x32.png Fashion Law Journal – Fashion Law Journal https://fashionlawjournal.com 32 32 The Nexus between Creativity and Copyright Infringement: A Practical Guide in Nutshells https://fashionlawjournal.com/the-nexus-between-creativity-and-copyright-infringement-a-practical-guide-in-nutshells/ https://fashionlawjournal.com/the-nexus-between-creativity-and-copyright-infringement-a-practical-guide-in-nutshells/#respond Mon, 30 Dec 2024 09:18:42 +0000 https://fashionlawjournal.com/?p=9424 In a world increasingly driven by digital innovation and rapid digital sharing of ideas, the relationship between creativity and copyright infringement has never been more significant.

Artists, writers, musicians, and creators constantly draw inspiration from existing works, walking a fine line between homage and plagiarism. This tension is amplified by the accessibility and replicability of contents, raising questions about intellectual property rights, artistic freedom, and the essence of creativity itself, especially in industries like fashion, music, art where creativity and replication have always coexisted.

This article explores the intricate dynamics at play in the debate over where creativity ends and copyright infringement begins, arguing that a nuanced understanding of inspiration, transformation, and authorship is essential in defining this border.

Copyright is a legal mechanism that grants creators exclusive rights over their original works of authorship, including literary, musical, artistic, and audiovisual works. Its primary objective is to incentivize creativity by granting economic rights to creatorswhile ensuring public access over time.

To qualify for copyright protection, a work must meet the standard of originality requiring, under several pieces of legislation worldwide, such as the US Copyright Act 1976, the work to have a minimal degree of creativity and independent creation.

This peculiar trait opens the door for questions about how much borrowing from an original work can occur without diminishing the originality of the new work, given that creativity is inherently a process of building upon existing ideas and influences.

From a legal perspective, this makes the concept of transformative use, which allows certain adaptations to add new expression, meaning, or message to the original work., pivotal as courts need to grapple with the parameter of “substantial similarity” to establish whether a work is transformative enough to be considered original or just a replica of another artist’s expression.

The resulting grey area not only complicates the creative process itself, but also highlights the urge to provide clear legal guidelines that protect original creators while encouraging the evolution of creative expressions.

On this note, the fair use doctrine provides a fundamental exception to copyright protections, allowing limited use of copyrighted material without permission from the copyright holder. In determining whether a use qualifies as fair, courts typically consider four factors: purpose and character of the use, to consider whether the new work is transformative—i.e., whether it adds new expression, meaning, or message to the original work; nature of the copyrighted work as creative works are entitled to more protection than factual works; amount and substantiality of the quantity of the original work used and the qualitative significance of what was borrowed; effect on the market, to examine whether the new work harms the market for the original work.

The interpretation of borrowing within copyright law has been shaped significantly by several landmark legal cases, each illustrating the evolving boundaries between permissible use and infringement. These cases not only clarify the legal parameters but also shed light on the dynamic interplay between innovation, creativity, and intellectual property rights.

One pivotal case is Campbell v. Acuff-Rose Music, Inc. (1994), which addressed the question of whether parody constitutes fair use. In this instance, the Supreme Court ruled in favour of the rap group 2 Live Crew, whose parody of Roy Orbison’s classic song “Oh, Pretty Woman” was challenged as a copyright infringement. The Court emphasized the transformative nature of parody, asserting that even recognizable borrowing from the original work could be permissible when the new work recontextualizes the material in a transformative manner. This decision underscored the principle that fair use is not merely about how much is borrowed but about how the borrowed material is repurposed.

In contrast, the Blurred Lines case (2015), which pitted the Marvin Gaye Estate against Robin Thicke and Pharrell Williams, highlighted the complexities of musical borrowing. The jury found that Thicke and Williams had infringed upon Gaye’s song “Got to Give It Up,” citing substantial similarities between the two compositions. The ruling sparked widespread debate over how much influence a new work can draw from an existing one without crossing into infringement. Critics of the decision argued that it risked stifling creativity by setting a precedent that might deter artists from exploring stylistic or thematic inspiration.

A different dimension of borrowing emerged in Authors Guild v. Google, Inc. (2015), a case concerning Google’s ambitious book digitization project. The dispute centred on whether Google’s practice of digitizing books for its searchable online library constituted copyright infringement. The Second Circuit Court ultimately ruled in Google’s favour, recognizing the project as a transformative use. By offering users a new way to access and interact with literature, Google’s library was deemed to have created substantial public benefit without compromising the authors’ original works. This case illustrated how innovation, when approached thoughtfully, can coexist with copyright law to open avenues for new creative possibilities.

Together, these cases demonstrate the nuanced considerations at the heart of copyright disputes. From parody in music to transformative digitization projects, they highlight the need to balance protecting creators’ rights with fostering an environment conducive to creativity and innovation.

Yet there’s more.

The impact of digital technologies further complicates the overall picture.

The rise of digital technology has transformed the creative landscape, making it easier than ever to access, remodel and share content. Digital media platforms have democratised creativity, allowing individuals to express themselves and reach a wider audience. However, this ease of access also raises concerns about copyright infringement, as users often borrow from established works without proper attribution or permission. As a result, the digital age has forced a re-evaluation of copyright laws, highlighting the need for an up-to-date regulatory framework that accommodates new forms of artistic expression while protecting the rights of original creators.

The rise of AI-generated works will further amplify the ongoing struggle to balance innovation and intellectual property rights.

Indeed, copyright law generally requires human authorship to be eligible for copyright protection. Accordingly, works generated by purely mechanical processes or random selection cannot be copyrighted.

One pressing question is therefore how much human input is necessary for an AI-generated work to be copyrightable. This debate also touches on the assessment of originality, as determining the creative merit of machine-generated content poses unique challenges that current legal frameworks struggle to address.

Similarly, the issue of 3D printable files raises questions about the limits of copyright protection. Often considered utilitarian in nature, these files generally fall outside the scope of copyright. This categorisation underscores the difficulty of applying traditional intellectual property principles to emerging technologies that blur the lines between functionality and creativity.

As if the current situation was not intricate enough, global standards and diverse copyright regimes further emphasize the significance of the location and context of use, failing to ensure consistency in protecting creators’ rights. Different jurisdictions may afford indeed varying degrees of protection and leeway for creative borrowing.

However, a certain degree of flexibility is desirable.

Overly stringent copyright laws can stifle creativity and innovation by creating an environment of fear and hesitation among creators.

When the potential for litigation looms large, artists may self-censor or avoid exploring certain ideas altogether, leading to a homogenisation of creative production. This deterrent effect can stifle the development of art and culture by discouraging creators from engaging with existing works that could inspire new creations. A balanced approach to copyright that encourages collaboration, and the free exchange of ideas is crucial to fostering a vibrant creative ecosystem. By fostering an environment where artists feel empowered to innovate without the constant threat of infringement claims, society can cultivate a richer cultural landscape.

As society evolves, so must our understanding of creativity and copyright. Emerging technologies such as artificial intelligence and blockchain are reshaping the creative landscape, presenting new challenges and opportunities for copyright enforcement and protection. AI-generated content raises questions about authorship and ownership, while blockchain technology offers potential solutions for tracking and securing creators’ rights. The future of creativity is likely to require a re-evaluation of existing legal frameworks to accommodate these advances, while fostering a culture of innovation. Proactive discussions about the implications of these technologies will be essential in defining the line between creativity and copyright infringement in the years to come.

Therefore, it seems imperative to foster a legal and cultural environment that supports creativity while respecting the rights of original creators. By embracing a nuanced understanding of the interplay between inspiration, transformation and authorship, society can cultivate a vibrant creative ecosystem that respects both innovation and intellectual property rights. As we continue to grapple with these issues, a balanced approach is essential to fostering the future of creativity in an ever-changing world.

References

Arnold, M. & S. Levin. (2021). The Difference Between Plagiarism and Copyright Infringement. [HTML]

Retrieved frohttps://copyrightalliance.org/differencescopyrightinfringementplagiarism/

Bytescare. (2023). Difference Between Plagiarism and Copyright Infringement. [HTML] Retrieved from https://www.linkedin.com/pulse/differencebetweenplagiarismcopyrightinfringementbytescare/ Das, S. (2023). Plagiarism vs Copyright Infringement – Rules and Differences. [HTML] Retrieved from https://legamart.com/articles/plagiarismvscopyrightinfringement/

University of Illinois in Chicago. (2023b). Avoiding Plagiarism – Dissertation / Thesis FAQ re: Copyright.

[HTML] Retrieved frohttps://researchguides.uic.edu/c.php?g=252209& p=1682802

University of Illinois in Chicago. (2023c). Avoiding Plagiarism – Avoiding Plagiarism. [HTML] Retrieved from https://researchguides.uic.edu/etds/plagiarism

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Gilden, A., & Subotnik, E. E. (2023). Copyright’s Capacity Gap. UC Davis L. Rev., 57, 899.

Wang, J. (2024). Reconstructing the copyright idea/expression dichotomy for video games. Queen

Mary Journal of Intellectual Property, 14(3), 248-266.

Gilson, L. L. (2024). Why be creative: A review of the practical outcomes associated with creativity at

the individual, group, and organizational levels. Handbook of organizational creativity, 303-322.

Henderson, P., Li, X., Jurafsky, D., Hashimoto, T., Lemley, M. A., & Liang, P. (2023). Foundation

models and fair use. Journal of Machine Learning Research, 24(400), 1-79.

Lua, E., Liu, D., & Shalley, C. E. (2024). Multilevel outcomes of creativity in organizations: An

integrative review and agenda for future research. Journal of Organizational Behavior, 45(2), 209-233.

Ploman, E. W., & Hamilton, L. C. (2024). Copyright: Intellectual property in the information age.

Taylor & Francis.

Riccio, P., & Oliver, N. (2024). A techno-feminist perspective on the algorithmic censorship of artistic

nudity. Hertziana Studies in Art History, 3.

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organizational climate. In Handbook of organizational creativity (pp. 317-337). Academic Press.

Nyembe, S. (2023). The Challenges of Protecting Copyright in the Digital Age Due to Digital

Piracy (Master’s thesis, University of Pretoria (South Africa)).

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intellectual structure using scientometric analysis and topic modeling. Journal of Business

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  1. U.S. Copyright Act of 1976.
  2. Bridgeport Music, Inc. v. Dimension Films, 410 F.3d 792 (6th Cir. 2005).
  3. Lessig, Lawrence.  Free Culture: How Big Media Uses Technology and the Law to     Lock Down Culture and Control Creativity. Penguin Press, 2004.
  4. McLeod, Kembrew, and Peter Messere. “The Politics of Copyright Infringement.”  Social Research, vol. 76, no. 1, 2009, pp. 225-248.
  5. Samuelson, Pamela. “Mapping the Digital Public Domain: Threats and Opportunities.”  Law and Contemporary Problems, vol. 66, no. 1, 2003, pp. 121-136.
  6. Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994).
  7. Authors Guild v. Google Inc., 804 F.3d 202 (2d Cir. 2015).
  8. Marvin Gaye Estate v. Robin Thicke, 898 F.3d 1160 (9th Cir. 2018).
  9. U.S. Copyright Office. (2021). Copyright Basics.

 

Author Name: Nooshin Ardalan Manesh (LLM in Fashion Law – LUISS School of Law)

Noushin Ardalan Manesh, specializing on Fashion Law, fresh graduate from
Luiss Guido Carli International University.

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Couture in a Cup: The Rise of Designer Cafes https://fashionlawjournal.com/couture-in-a-cup-the-rise-of-designer-cafes/ https://fashionlawjournal.com/couture-in-a-cup-the-rise-of-designer-cafes/#respond Mon, 16 Dec 2024 11:50:18 +0000 https://fashionlawjournal.com/?p=9396 Imagine sipping a perfectly brewed cappuccino, its foam etched with the iconic monogram of a luxury fashion house, surrounded by interiors that echo the elegance of a couture atelier. Welcome to the world of luxury designer cafes- a realm where coffee is served with a side of exclusivity, and every bite is a taste of high fashion. In a time where experience is the ultimate currency, these chic culinary havens have become the new frontiers of luxury branding, turning the simple act of grabbing a coffee into an indulgent escape into a designer’s world.

From Dior’s minimalist cafes in Seoul to Gucci’s opulent dining experiences in Florence, these spaces symbolize a modern shift in luxury. But why are these cafes flourishing, and what do they reveal about the changing nature of consumer desires?

Designer cafes are not mere add-ons; they are deliberate extensions of a brand’s identity. For a fashion house like Dior, known for its timeless elegance, its café offers a culinary experience that mirrors its philosophy of refinement. Similarly Gucci’s foray into the culinary world- complete with Michelin starred menus- reflects its bold and eclectic spirit. These cafes go beyond selling coffee or dessert; they sell a lifestyle, creating spaces where customers can momentarily step into The Allure of Accessible Luxury

While haute couture garments or luxury handbags may remain unattainable for many, a latte or pasty at a designer café offers a taste of exclusivity at fraction of the cost. For younger audiences- particularly Millennials and Gen Z- this entry point into the world of luxury is both aspirational and accessible.

Café Culture Meets Luxury

Globally, café culture has become synonymous with sophistication and leisure. From cosmopolitan hubs like Tokyo and Paris to emerging markets, coffeehouses have transformed into spaces for connection, creativity, and relaxation. Luxury brands are tapping into this cultural phenomenon by offering cafes that are not just venues, but destinations.

Where Culinary Art Meets Branding

The rise of luxury designer cafes is also a testament to the power of culinary artistry in branding. Just as a fashion collection tells a story, so too does the menu of a designer café. Take, for instance, the delicate confections at Dior’s cafes where each macaron is a visual and gastronomic masterpiece. Or the artisanal coffee blends at Ralph Lauren’s Ralph‘s Coffee, where even a simple cup of espresso feels like a celebration of craftsmanship.

These cafes blur the lines between food and fashion, elevating everyday rituals into moments of indulgence. Whether it’s the interiors inspired by couture ateliers or the se of brand logos on desserts, every element reinforces the band’s identity while offering patrons something tangible to savor.

A Global Phenomenon

Luxury designer cafes are not confined to specific region- they are a global phenomenon shaped by local cultures. In Japan, for example, the focus tilts towards traditional flavors like matcha or yuzu, blending global luxury with regional authenticity. Meanwhile, in Italy, the emphasis is on artisanal espresso and fine dining experiences that align with the country’s deep culinary heritage. This localization ensures that designer cafes remain relevant across diverse markets while still embodying the universal appeal of the parent brands.

Challenges of Serving Luxury

While luxury designer cafes exude elegance and sophistication, they are not without their challenges. One of the most pressing issues is the demand for sustainability. Modern consumers, particularly younger generations, increasingly prioritize ethical and eco- friendly practices, expecting luxury brands to uphold these values. From sourcing ingredients to reducing waste, designer cafes must align with the avant garde expectations without compromising the exclusivity and premium experience they promise. Additionally, the growing popularity of these cafes presents another hurdle, maintaining the aura of exclusivity. Over commercialization risks transforming these spaces into mere tourist attractions, diluting the luxury appeal that defines them. Added to this, are the high expectations tied to a luxury brand’s reputation that pose a constant pressure. Patrons expect nothing short of perfection in every aspect, from the quality of food and service to the ambiance and overall experience. Any shortfall can tarnish the brand’s image, making consistency a critical, yet challenging, aspect of operating these ventures.

What’s Brewing Next?

Luxury designer cafes symbolize a fundamental shift in how brands connect with their audiences. These cafes are far more than places to eat and drink- they are immersive cultural experiences that blend art, fashion and gastronomy. As the trend matures its future promises even greater innovation. Collaborations with renowned chefs could elevate culinary offerings , while cutting- edge technologies like augmented reality or personalized digital menus could redefine how customers interact with the brands.

Ultimately, the fate of designer cafes lies in their potential to create memorable, aspirational experiences that resonate across generations. These spaces are more than just places to eat- they are destinations that offer a taste of exclusivity, innovation and elegance. As they continue to evolve, these cafes will not only redefine what it means to indulge but also shape the future of luxury, one sip at time.

Author Name: Aastha Kastiya

REFERENCES-

  1. Clara Ludmir, Why Fashion Retailers Are Opening Branded Cafes and Restaurants, FORBES (Apr. 25, 2024), https://www.forbes.com/sites/claraludmir/2024/04/25/why-fashion-retailers-are-opening-branded-cafs-and-restaurants/.
  2. Vogue Business. “Food is a tough business. So why are Dior, LVMH jumping in?” Vogue Business, 13 Dec. 2024, https://www.voguebusiness.com/consumers/food-is-a-tough-business-so-why-are-dior-lvmh-jumping-in.
  3. Future Commerce. “Sipping Status: Inside the Designer Café Phenomenon Redefining Luxury.” Future Commerce, 13 Dec. 2024, https://www.futurecommerce.com/posts/insiders-182-sipping-status-inside-the-designer-cafe-phenomenon-redefining-luxury.
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Role of Fashion in Anti-Colonial Movements: Legal Responses and Cultural Identity https://fashionlawjournal.com/role-of-fashion-in-anti-colonial-movements-legal-responses-and-cultural-identity/ https://fashionlawjournal.com/role-of-fashion-in-anti-colonial-movements-legal-responses-and-cultural-identity/#respond Mon, 09 Dec 2024 11:24:44 +0000 https://fashionlawjournal.com/?p=9366 INTRODUCTION

“A nation is not built by bricks and mortar, but by the traditions, culture, and beliefs of its people.” – Rabindranath Tagore , Indian poet.

Fashion has played a profound role in anti-colonial movements across the world, not merely as a cultural artifact but as a potent symbol of resistance. From India’s khadi movement to Algeria’s veiling practices, traditional attire often emerged as a counter-narrative to colonial domination, reflecting both political defiance and the assertion of indigenous identity. The intersection of fashion and law becomes particularly important in understanding colonial strategies to criminalize indigenous attire, suppress local industries, and enforcement of Western standards.

 

HISTORICAL ANALYSIS

Colonial regimes, from the 15th century to the mid-20th century, commonly enacted laws to suppress traditional clothing. It was associated with backwardness or rebellion.[1] Legal restrictions served dual purposes: economic exploitation through enforced dependency on Western goods and cultural domination by undermining indigenous pride and traditions. These laws were contributory in creating systemic disenfranchisement, which had long-term implications for cultural identity and socio-economic structures.[2]

Colonial powers systematically used taxation and trade laws to suppress indigenous fashion industries. For instance, the British levied heavy duties on Indian textiles while flooding the market with inexpensive British-made fabrics. This dual approach devastated India’s textile industry, reducing once-thriving towns like Dhaka to poverty.

Sooner or later, the silenced were bound to begin revolting back through symbolism weaved into their attire. “Khadi is the sun of the village solar system. The planets are the various industries which can support khadi in return for the heat and light they derive from it.” – Mahatma Gandhi; Indian lawyer, anti-colonial nationalist, and political ethicist. The khadi movement in India, advocated by Gandhi, epitomized fashion as a form of protest. Gandhi’s promotion of hand-spun and hand-woven khadi directly challenged the British monopoly on textile production, which was enforced through laws such as the Salt Tax and the imposition of textile duties on Indian products. These laws ensured the economic dependency of Indian weavers on British imports. The symbolic act of spinning khadi became a form of civil disobedience. The boycott of British textiles not only undermined the colonial economy but also galvanized rural employment and self-sufficiency, making them the two faces a coin known to be as Swadeshi movement.[3]

French policies heavily taxed Vietnamese-produced textiles, making local production less competitive compared to imports from France. They promoted Western fashion as a symbol of modernity and superiority, pressuring the Vietnamese elite to abandon traditional clothing. The Duy Tân Movement (Modernization Movement) in the early 20th century was revolutionary in cultural and political resistance against French rule. Founded in 1904 by Phan Bội Châu and Phan Châu Trinh, the movement sought to modernize Vietnam while preserving its cultural identity.[4] The ao dai was modernized by Cát Tường (Le Mur), a Vietnamese designer, who blended traditional and modern elements to make it more adaptable to contemporary tastes while retaining its cultural essence which allowed the garment to thrive as both a fashion statement and a cultural emblem during this period.[5]

In South Africa, laws indirectly targeted indigenous attire by imposing Western clothing standards in urban areas. These laws alienated indigenous populations, reinforcing a narrative of cultural inferiority and erasure. Post-apartheid legal reforms, such as the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000, sought to rectify these injustices by promoting cultural diversity[6]. However, the legacy of these laws persists in socio-economic disparities and cultural alienation.

Likewise, in French Algeria, traditional Berber clothing and the haik (veil) were banned in public spaces. The haik became a symbol of anti-colonial resistance during the War of Independence. The French colonial administration viewed veiling as a challenge to assimilation policies and often conducted public unveilings as a show of dominance. “In the colonial context, the colonized’s efforts to liberate himself are a violent act that restores his self-worth.” – Frantz Fanon, Algerian revolutionary. Algerian women, however, used the veil to assert their cultural identity and solidarity with the nationalist movement. Post-independence, the haik retained its status as a marker of national identity, influencing legal frameworks that recognized cultural rights.[7]

Post-colonial nations faced the challenge of rebuilding industries decimated by colonial exploitation. In India, the Khadi and Village Industries Commission (KVIC)[8] was established to revive rural economies through the promotion of handloom products. Similarly, Algeria implemented policies to preserve traditional crafts as part of its cultural heritage such as the National Agency for the Promotion and Development of Crafts (Agence Nationale de l’Artisanat), which provides training, funding, and marketing support to artisans.[9]

Internationally, the legacy of colonial restrictions on textile trade is evident in modern trade agreements. Developing countries often advocate for fairer trade practices, still negotiating from the shadows of historical injustices of colonial-era tariffs and monopolies.[10] Legal frameworks like the TRIPS Agreement of 1994 address issues of intellectual property and traditional knowledge, offering avenues for the protection of indigenous designs and techniques. It mandates protection for geographical indications (GIs), enabling communities to safeguard products rooted in traditional knowledge. Articles 22–24 of TRIPS ensure recognition and protection of these GIs[11]. Plus, the agreement allows for the registration of traditional designs under copyright, industrial design, or trademark laws, depending on the jurisdiction. Member states are also encouraged to integrate customary laws to prevent the misappropriation of indigenous knowledge.

 

CONCLUSION

The role of fashion in anti-colonial movements shows the interplay between cultural identity and legal systems. By criminalizing indigenous attire and imposing Western norms, colonial regimes sought to erase local identities. However, the resistance to these measures—whether through Gandhi’s khadi movement or Algeria’s veiling practices—proves the resilience of cultural expression as a tool for political defiance. Post-colonial legal frameworks continue to grapple with the legacies of colonial restrictions, working present day to restore and protect traditional industries and identities.

 

Author: Nutan Kharat  |  3rd Year BBA LLB  |  University of Mumbai Thane Sub-Campus

[1] https://doi.org/10.1017/9781108862349

[2] https://research.colonialwilliamsburg.org/Foundation/journal/Winter03-04/clothing.cfm last accessed 21.11.24

[3] https://indianculture.gov.in/timeless-trends/history-clothing-colonial-india last accessed 21.11.24

[4] https://vietnamjournal.ru/2618-9453/article/view/84258/64625 last accessed 21.11.24

[5] doi:10.5539/ach.v4n2p99

[6] https://doi.org/10.1017/S016511530001860X

[7] https://doi.org/10.1177/0265691414556060

[8] The Khadi and Village Industries Commission Act, 1956

[9] https://www.dunemagazine.net/articles/traditional-craftsmanship-and-modernity-in-algeria last accesed on 21.11.24

[10] https://doi.org/10.1093/icon/moab082

[11] https://www.wipo.int/edocs/pubdocs/en/wipo_pub_952_2021.pdf

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From Laws to Looks: How Ancient Rome’s Legal Practices Shaped Consumer Culture and Fashion Trends https://fashionlawjournal.com/from-laws-to-looks-how-ancient-romes-legal-practices-shaped-consumer-culture-and-fashion-trends/ https://fashionlawjournal.com/from-laws-to-looks-how-ancient-romes-legal-practices-shaped-consumer-culture-and-fashion-trends/#respond Fri, 06 Dec 2024 07:30:07 +0000 https://fashionlawjournal.com/?p=9338 While searching for a new shirt, you pass through a series of displayed items, each more stylish than the last. A mannequin’s pose and a gleaming shop window draw you closer, until you eventually find a shirt that reflects your style and aspirations. This orchestrated allure of modern consumer technology is far from new—it finds its roots in ancient history.

The First Shopping Center 


The Trajan Market, built in 113 AD by the Roman architect Apollodoro di Damasco, was a marvel of its time, with over 150 shops and six stories; the market circulated beef, corn, glass, iron, lead, leather, marble, olive oil, perfumes, timber, tin, and wine (The Roman Empire and Trade), along with many more luxury goods. Becoming the world’s first ever Shopping Center, Trajan’s Market set the stage for intricate layouts and diverse offerings of differentiated goods that define modern retail spaces and played a pivotal role in global commerce through the Roman Empire’s legal frameworks to lay the groundwork for luxury consumer culture.
The Trajan Market, a focal point of ancient Roman trade, featured carefully designed passageways and architecture supporting commerce. ‘The lower levels of the structure were the center of commercial activities. The building’s entrance to the ground floor is at Via IV Novembre… greeted by an array of shops selling Horticultural products, the first floor was for the oil and wine merchants while spices were traded (Rome Sightseeing) by the importers in the passage next over, introducing the idea of market competition into the roman trade networks. To safeguard its trade empire and the Trajan Market’s success, ancient Rome established laws protecting property and purchasing power. These laws, which were shaped by the Trajan Market, have had a profound impact on modern industry legalities. The newly found mercantile Law encompassed several legal principles, such as RES and lex aquilia, all serving as foundations for the future adaptation of laws that would develop into principal actors in today’s fashion industry.

RES

The Ancient Romans placed great emphasis on its property and recognition status, focusing the empire officials to instigate the concept of philosophical division of things (RES) that classified objects into one of two categories: “Corporeal (Res Corporales), objects of
sense, and things Incorporeal (Res Incorporeales), objects of intellect only” (Universitas), helping the empire objectify mercantile Rights. Distinguishing was crucial for dividing commodities and recognizing property, enabling merchants to protect artisans’ work and imported goods, expanding trade networks, and establishing creative credibility for the market’s products. Through such laws, the Trajan Market gained renown for quantity and quality by safely importing luxury items like silk, perfumes, and jewelry and ensuring ownership rights, establishing charters protecting intellectual property, copyrights, and trademarks—intangible yet vital rights. These laws, enduring for centuries, provided the empire with new commodities, as artisans and merchants were confident their commodities maintained individualism and generated revenue. RES influenced charters worldwide, including the Louisiana Civil Code Article 461, which addresses inheritance, servitudes, obligations, and intellectual property, highlighting the lasting impact of ancient practices and safeguarding businesses against infringement.

Lex Aquilia  

As luxurious goods filled the Trajan Market, the Lex Aquilia became a cornerstone of Roman law serving as a statutory foundation for the institutional delict damnum iniuria, relating to wrongful loss and damage to property (Oxford Classic Dictionary). The Lex Aquilia governed over physical property rights by narrowing its original harm clause: “‘si quis alteri damnum faxit, quod usserit fregerit ruperit . . .’ or ‘if anyone caused loss to another by burning, breaking or smashing’” (Oxford Classic Dictionary), they would suffer consequences and forced compensation. This law became particularly useful in exerting its influence to ensure all corporeal things are covered, and ruptum means any physical damage (Harvard Law) imposed on the individual property, would be met with an order from the Roman officials requiring full value damage repayment within thirty days of property violation. With luxuries and precious stones displayed at the Trajan Market, Lex Aquilia ensured the safe trade of goods, promoting commerce and attracting empires to join the Roman network, delivering new fashion trends and ideas. By guaranteeing fair compensation and secure delivery, the law influenced modern protections for private property, inviting merchants from continents near and far to share their cultures with the Roman Empire. Today, Lex Aquilia endures through Standards of Care, safeguarding creative assets and ensuring accountability in shopping malls and fashion events, allowing us to be acquainted with various designs.

On a Path to Luxury

By safeguarding property rights and fostering trust in trade, these legal frameworks enabled Roman merchants and craftsmen to innovate, creating goods that reflected both the opulence of the empire and its citizens’ aspirations for luxury and lavish entertainment, encouraging citizens to spend their fortunes on high-standard miscellaneous items. With laws protecting market structure, the 150 shops flooded with expensive commodities, displaying “gold jewelry such as earrings, necklaces, finger rings, silver mirrors, ivory combs and hairpins, and an assortment of boxes and containers for perfumes and cosmetics” (Luxury Arts of Rome), catering to the wealthy’s desires for opulence. “Some luxury materials were so rare or costly that they gave rise to cheaper, manmade imitations in both pottery and glass” (Luxury Arts of Rome), stimulating new business, designs, and Trajan’s growth. With competition rising, the Trajan Market enabled craftsmen to underline these items through fashionable displays, supported by Roman laws protecting intellectual property and fair trade.

With an abundance of new cultures and traditions circulating in the market, Roman Fashion became a topic of discussion, as newly imported silks, coarse fabrics, and differentiated colors were converted to Roman tunics, which would signify a
citizen’s “class, social status, age gender, and occupation [as the] Romans preferred to display around, and to the rest of the world, what their place was in the society” (Enduring Fashion Inspiration). This led the consumer culture to shift its focus from necessary purchases to the increasing purchasing power of its citizens. For example, purple, due to the small size availability of the rare fabric, became a symbol of power and status, with the wearing of Tyrian purple reserved for a few (Britannica), usually those of a wealthy background.

The allure of rare fabrics spurred foreign investment and reshaped social aspirations, with luxury garments symbolizing status and driving Romans to value quality over necessity. This shift in consumer habits from necessity to luxury marked a significant societal change, striving to resemble the upper class and secure the wealthy look. The Romans were the first to implement such practice, yet the culture remains as leading brands such as Versace and Prada dominate the market, serving as representation of wealth and status for those who purchase them.

In conclusion, the Trajan Market was more than a marketplace; it was a cultural hub that shaped the Roman Empire’s consumer identity. Its legal frameworks and diverse offerings set the stage for modern commerce that continues to shape industries today, from fashion to retail

 

Author: Lidiia Volkova

]]> https://fashionlawjournal.com/from-laws-to-looks-how-ancient-romes-legal-practices-shaped-consumer-culture-and-fashion-trends/feed/ 0 Pantone Color of the Year 2025: Unveiling PANTONE 17-1230 Mocha Mousse https://fashionlawjournal.com/pantone-color-of-the-year-2025-unveiling-pantone-17-1230-mocha-mousse/ https://fashionlawjournal.com/pantone-color-of-the-year-2025-unveiling-pantone-17-1230-mocha-mousse/#respond Fri, 06 Dec 2024 02:41:41 +0000 https://fashionlawjournal.com/?p=9351 For 2025, Pantone has selected PANTONE 17-1230 Mocha Mousse, a rich, warming brown that promises to transform our visual and sensory landscape.

What is Pantone and the Color of the Year?

Pantone, the global color authority, has once again captured the world’s imagination with its annual Color of the Year selection. Since 1999, the Pantone Color Institute has been unveiling a single color that encapsulates the global mood, design trends, and cultural zeitgeist. The Pantone Color of the Year is more than just a hue—it’s a cultural statement that influences design, fashion, technology, and consumer experiences across multiple industries.

PANTONE 17-1230 Mocha Mousse: A Color That Tells a Story

This year’s color is not just a shade—it’s a narrative of comfort, sophistication, and connection. Described by Leatrice Eiseman, Executive Director of the Pantone Color Institute, as a color that “expresses a level of thoughtful indulgence,” Mocha Mousse transcends traditional perceptions of brown.

Key Characteristics of Mocha Mousse:

  • A soft, rich brown with subtle warmth
  • Evokes sensations of comfort and luxury
  • Inspired by natural elements like cacao, chocolate, and coffee
  • Bridges humble earthiness with aspirational elegance

The Cultural and Design Significance of Pantone 2025

The selection of Mocha Mousse reflects deeper cultural currents. Pantone’s research indicates a growing desire for:

  • Harmony with the natural world
  • Authentic and wellness-oriented experiences
  • Comfort and inner peace
  • Connections between technology and human experience

Pantone Color of the Year 2025 in Different Industries

Fashion and Accessories

Mocha Mousse will make waves in the fashion world, appearing in:

  • Soft, buttery leathers
  • Luxurious suedes
  • Cashmere and angora knits
  • Diaphanous chiffons and silky textures

Technology

Tech brands are already embracing the color. Motorola, for instance, will release smartphone models in Mocha Mousse, featuring innovative touches like vegan leather inlays with embedded coffee grounds.

Home Decor

Interior designers can expect to see Mocha Mousse in:

  • Flooring
  • Wall colors
  • Furniture
  • Natural materials like wood, stone, and rattan

Beauty and Personal Care

The color will influence:

  • Hair color trends
  • Makeup palettes
  • Skincare packaging
  • Beauty accessories

Global Celebration of Color

For its 26th anniversary, Pantone is taking a global approach to celebrating the Color of the Year. Highlights include:

  • A spectacular light show at the London Eye
  • International events in New York, London, Shanghai, and Mumbai
  • Collaborations with brands like Joybird, Pura, Wix Studio, and IPSY

Why the Pantone Color of the Year Matters

The annual color selection is more than a trend—it’s a cultural barometer. It reflects:

  • Global emotional states
  • Design philosophy
  • Technological and social shifts
  • Collective aspirations for beauty and meaning

Conclusion: More Than Just a Color

PANTONE 17-1230 Mocha Mousse represents a nuanced exploration of comfort, luxury, and connection. It invites us to reconsider brown not as a neutral backdrop, but as a rich, complex expression of human experience.

As Laurie Pressman, Vice President of the Pantone Color Institute, notes, the color speaks to our “desire for comfort and wellness, and the indulgence of simple pleasures that we can gift and share with others.”

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Brand Case Study: Miu Miu https://fashionlawjournal.com/brand-case-study-miu-miu/ https://fashionlawjournal.com/brand-case-study-miu-miu/#respond Thu, 05 Dec 2024 07:30:03 +0000 https://fashionlawjournal.com/?p=9334 Brand History

Miu Miu was born in 1993 as a playful offshoot of the prestigious Prada Group. The brainchild of Miuccia Prada, Miu Miu was her playground for ideas that didn’t quite fit the refined, elegant mold of Prada. The brand’s name, “Miu Miu,” is actually Miuccia’s family nickname, making it a deeply personal project from the start.

Unlike Prada’s sleek and polished image, Miu Miu quickly became known for its eclectic and offbeat designs. Take one of its early collections, for example—grunge-inspired outfits with oversized silhouettes and clashing prints that felt refreshingly rebellious. This was a far cry from Prada’s minimalist approach, and it helped Miu Miu stand out in the crowded luxury market. The brand immediately resonated with a younger, fashion-forward audience looking for something bold and different.

Brand Founders

Miuccia Prada is no ordinary fashion designer. With a degree in political science, she brings a unique intellectual depth to her work. Long before she launched Miu Miu, Miuccia was already making waves by reinventing the Prada brand in the late 1970s. Her introduction of the iconic nylon bag, which fused practicality with luxury, was groundbreaking and set the stage for the innovative designs that would later define Miu Miu.

Miuccia’s visionary leadership has been the driving force behind Miu Miu’s success. Her knack for blending traditional craftsmanship with modern, sometimes provocative elements has kept the brand at the cutting edge of fashion. It’s no wonder Miu Miu is a go-to label for celebrities and trendsetters alike.

Brand Product Line

Miu Miu offers a wide array of luxury items, each infused with the brand’s signature mix of vintage charm and modern edge.

Ready-to-Wear: Miu Miu’s clothing is known for its bold prints, innovative fabrics, and playful silhouettes. Remember the raw-edged khaki and gray skirt and top set from Spring 2022? It looked like it was inspired by a slashed school uniform and quickly became a standout piece. This school-inspired theme has continued to pop up in their collections, making it one of the brand’s defining looks.

Handbags: When it comes to handbags, Miu Miu has some of the most recognizable pieces in the fashion world. The Matelassé handbag, with its distinctive quilted leather, is a staple among fashion influencers. And who could forget the multicolored crochet beach bag? It was all over social media, proving that Miu Miu knows how to create a buzz.

Footwear: Miu Miu’s shoes are where creativity really shines. Take their satin ballerina flats from Fall/Winter 2016, for instance. These weren’t your typical ballet flats—they had punk-inspired buckle straps and metal details that made them an instant hit. Another viral sensation was the cherry-red patent slingbacks, which flew off the shelves of fashion retailers everywhere.

Accessories: Miu Miu also knows how to make a statement with accessories. Their jewelry line features unique pieces like oversized crystal earrings and chokers that add just the right amount of drama to any outfit. One standout item is their diamond headbands, which have become a favorite among celebrities and fashion editors. Whether it’s for a red carpet event or a casual day out, these headbands add a touch of glamour to any look.

Brand Marketing Strategies

Miu Miu’s marketing strategies are designed to emphasize its position as a fashion-forward, avant-garde brand. These strategies often involve a mix of traditional advertising, celebrity endorsements, and innovative digital campaigns.

  • Advertising Campaigns: Miu Miu’s advertising campaigns are renowned for their artistic and cinematic qualities. For example, the Spring/Summer 2012 campaign, shot by renowned photographer Bruce Weber, featured models styled as 1950s starlets, creating a nostalgic yet modern feel. The campaign was highly praised for its creative direction and helped reinforce Miu Miu’s image as a brand that blends the past with the present.
  • Celebrity Endorsements: Miu Miu frequently collaborates with celebrities to increase its brand visibility. Actress Elle Fanning, for example, has been the face of several Miu Miu campaigns and has worn the brand on numerous red carpets. Her association with Miu Miu as well as Sydney Sweeney has helped the brand connect with a younger audience, given her status as a rising star in Hollywood.
  • Social Media and Digital Presence: Miu Miu is well-known on social media platforms like Instagram, where it routinely shares information about its latest collections, behind-the-scenes images from catwalk shows, and collaborations with emerging singers and actresses.
  • Miu Miu Women’s Tales: One of Miu Miu’s most distinctive marketing initiatives is the “Miu Miu Women’s Tales” series, which seeks out female filmmakers to create short films that explore themes of femininity and creativity. Giada Colagrande’s 2012 film “The Woman Dress” is one example; it tells the story of a woman who changes into a dress and brilliantly merges fashion and surrealism with Miu Miu’s unique style.

Brand Selling Methods

Miu Miu employs a multi-channel approach to selling its products, combining physical retail locations, online platforms, and partnerships with luxury fashion aggregators.

  • Physical Stores: Miu Miu has flagship boutiques in major centers such as New York, Paris, Milan, and Tokyo. These stores are intended to give a premium shopping experience, generally with custom interiors that mirror the brand’s image. For instance, the Miu Miu boutique on New York’s 57th Street is distinguished by its plush, velvet-covered walls and brass fittings, creating an intimate and lush atmosphere.
  • E-Commerce: The official Miu Miu website offers a comprehensive online shopping experience for customers to purchase the whole product line. Seasonal collections and limited-edition handbags are only two examples of distinctive items that are regularly advertised on the internet but not available in physical stores. Furthermore, Miu Miu has collaborated with premium e-commerce sites such as Net-a-Porter and Mytheresa to appeal to customers who appreciate the convenience of shopping from a wide range of high-end brands in one place. For example, these retailers commonly feature Miu Miu’s iconic Matelassé handbags, attracting fashion-conscious shoppers who value both comfort to shop from home and flair.

Legal Cases Involving the Brand

Miu Miu, like many high-profile fashion brands, has been involved in legal disputes, primarily centered around intellectual property and trademark infringement.

Trademark Disputes: Miu Miu has also been involved in trademark disputes to protect its brand name and logo. Alibaba.com Singapore E-Commerce Private Limited (the “Registrar”) registered the contested domain names , , , , and , which Miu Miu disputed, claiming that it would lead to customer misunderstanding. As a consequence of the brand’s successful argument that its name is closely associated with high-end luxury items, the Respondent was determined to be unaware of the Complainant’s well-known and distinctive trademarks, MIU MIU and MIU-MIU. This resulted in a positive finding for the brand.

These legal actions underscore the brand’s commitment to safeguarding its reputation and ensuring that consumers receive authentic Miu Miu products.

Even though there was no legal problem, Miu Miu sparked uproar when it revealed a variety of products in her pre-fall collection with a yellow star embroidered on them, which many mistook for Nazi iconography. However, the brand has not been without controversy. The Prada-owned brand’s most recent collection included the stars on a number of goods, which Miu Miu has said would be discontinued in response to criticism. Discussions about the accuracy of Miu Miu’s remarks erupted on Twitter. The five-pointed yellow star on the Miu Miu pieces, according to some, had nothing to do with the six-pointed Star of David, but others thought it conjured the religious symbol Jewish residents were forced to wear by the Nazis during the Holocaust. It didn’t help that the Miu Miu stars featured the name “John,” similar to “Jude,” the German word for “Jew” which was emblazoned on the Nazi stars.

Brand Competitors

Miu Miu operates in the competitive landscape of luxury fashion, where it competes with both established fashion houses and emerging brands.

  • Prada: As the principal brand, Prada both competes with and complements Miu Miu. Prada is known for its elegant, minimalist designs, whilst Miu Miu caters to a younger, more diverse audience. Customers of both enterprises commonly appreciate premium fashion, while having varying interests in designs for different occasions.
  • Chloé: A challenger to Miu Miu’s whimsical and diversified style, Chloé is known for her feminine and bohemian aesthetic. Both firms cater to the same type of trendy young women.
  • Saint Laurent: People usually compare Saint Laurent’s refined and edgy designs to Miu Miu’s more youthful and daring offerings. Both brands are well-known for their major position in the fashion industry.

Brand Target Audience

The bulk of Miu Miu’s target market consists of young, trendy women looking for one-of-a-kind, excellent items that suit their personal style. This company’s target market consists of women who respect high-quality clothing while also being drawn to bold, distinctive styles. Miu Miu customers are often affluent folks who are interested in trends and fashion.

The brand’s marketing methods and product offerings are designed with this demographic’s needs and preferences in mind. Customers of Miu Miu value individuality and self-expression, and they are drawn to the brand’s humorous, eclectic design because it encourages them to stand out from the crowd.

Author name: Aneka Khanna

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Understanding Jewelry Hallmarks: What Do They Mean for the Quality of Your Piece? https://fashionlawjournal.com/understanding-jewelry-hallmarks-what-do-they-mean-for-the-quality-of-your-piece/ https://fashionlawjournal.com/understanding-jewelry-hallmarks-what-do-they-mean-for-the-quality-of-your-piece/#respond Wed, 04 Dec 2024 08:26:38 +0000 https://fashionlawjournal.com/?p=9349 Jewelry lovers frequently encounter symbols in their pieces without fully comprehending their importance. These symbols are called hallmarks. They provide details about the jewelry’s materials and legitimacy. Understanding these markings can deepen one’s admiration for the pieces and help make informed buying choices. 

The Evolution of Trademarks

For ages, jewelry pieces have been embellished with hallmarks that stand as signs of skill and genuineness. These marks came into existence in Europe in the Middle Ages with the aim of safeguarding consumers and upholding standards in the trade. Today, these hallmarks hold significance, representing excellence and trust for both buyers and sellers alike. 

Importance of Hallmarks for Your Jewelry

Recognizing Common Characteristics 

Identifying features involves understanding the symbols and numbers that are often present on items of value or significance, like jewelry or precious metal pieces. These include a signature of the creator or company involved in crafting the item, marks denoting the purity of materials like gold or silver, and a stamp from an official institution confirming the metal content of the piece. 

Unraveling the Quality of Metal

Knowing the quality of jewelry involves understanding the purity of the metal used in its creation. It is information to have on hand when evaluating jewelry quality standards! For example, When it comes to gold jewelry specifically. You’ll notice a karat mark on them that signifies the gold content within the metal alloy used in making them! Some common karat marks you might come across are 10k gold (10 karats), 14k gold (14 karats), 18k gold (18 karats), and 24k gold (24 karats). 

The Function of Assay Offices 

Assay centers are essential in confirming the metal content of jewelry items and guaranteeing the accuracy of the hallmarks provided on them. This helps instill confidence in buyers by verifying that the composition of the jewelry aligns with the stated purity level. Assay offices around the world have their symbols and criteria for evaluating authenticity. 

Identifying Fake Hallmarks

In today’s world, where counterfeit jewelry is on the rise, recognizing hallmarks has gained significant importance lately. Dishonest sellers often try to trick buyers by tagging subpar pieces with fake symbols to deceive them into buying inferior products. When you buy diamond ring online you should be cautious and scrutinize hallmarks for any alterations or irregularities to avoid being scammed. Seeking guidance from trustworthy jewelers or experts can also be beneficial in confirming the legitimacy of the jewelry. 

Importance of Hallmarks

Hallmarks in jewelry can significantly impact the value of a piece by shedding light on its materials. Where it comes from. Items with easily recognizable marks usually fetch prices compared to those lacking clear or identifiable insignias. Moreover, some historical or uncommon hallmarks can enhance the appeal of a piece to collectors, thereby increasing its value. 

Take Care of Jewelry with Authentic Hallmarks

Taking care of jewelry is important for keeping it in good condition and maintaining its value over time. Regularly cleaning your jewelry using methods and materials can help to keep it looking its best and prevent any damage. To avoid scratches and tarnish on your pieces of jewelry, it’s an idea to store them in soft pouches or lined boxes. Additionally, having your jewelry checked by professionals from time to time can ensure that the hallmarks are still clear and that the integrity of each piece is preserved. 

Think about Ethical Sourcing

More and more shoppers are placing importance on sourcing when buying jewelry these days. Hallmarks play a role in this by offering information about where and how a piece was made. Certain hallmarks signal adherence to trade guidelines or eco-friendly production methods. Opting for sourced jewelry not only promotes responsible industry practices but also backs artisans who uphold ethical standards.

In Summary 

Hallmarks are indicators that help people understand the materials used in jewelry as well as its authenticity and worthiness of consideration when deciding to buy it. Not knowing these symbols better helps buyers enhance their understanding of jewelry and make smarter purchasing choices. Whether they’re looking for new jewelry or assessing an old piece, recognizing the importance of hallmarks could result in increased satisfaction and confidence in one’s jewelry collection. 

 

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Brand Case Study: Manish Malhotra https://fashionlawjournal.com/brand-case-study-manish-malhotra/ https://fashionlawjournal.com/brand-case-study-manish-malhotra/#respond Wed, 04 Dec 2024 07:30:06 +0000 https://fashionlawjournal.com/?p=9319 Brand History:

Manish Malhotra is one of India’s most celebrated fashion designers, known for his opulent and glamorous designs that have redefined Indian fashion, especially in the context of Bollywood. His brand history is a testament to his journey from a young, ambitious designer to a global icon in the fashion industry.

Early Beginnings and Rise in Bollywood:

Manish Malhotra began his career in the fashion industry in the late 1980s as a model, but his true passion lay in designing clothes. He got his first big break in Bollywood with the film “Swarg” (1990), where he designed costumes for actress Juhi Chawla. However, it was his work on the film “Rangeela” (1995) that catapulted him to fame. The film’s success and the fresh, contemporary looks he created for actress Urmila Matondkar established him as a favorite among Bollywood stars. Manish Malhotra revolutionized Bollywood fashion by blending traditional Indian elements with modern silhouettes, creating a new aesthetic that resonated with the youth of the time.

Establishment of the Brand:

After his initial success in Bollywood, Manish Malhotra expanded his horizons by launching his own label in 2005. His eponymous brand quickly gained recognition for its exquisite craftsmanship, luxurious fabrics, and intricate embroidery. Malhotra’s designs became synonymous with grandeur and elegance, making his label a go-to choice for brides and celebrities alike. His bridal collections, in particular, set new standards for wedding fashion, with their rich color palettes, intricate details, and a perfect blend of tradition and modernity.

Expansion and Global Recognition:

Over the years, Manish Malhotra’s brand has grown into a multi-faceted empire. His designs have graced some of the biggest names in Bollywood, including Kareena Kapoor, Priyanka Chopra, and Deepika Padukone. He has also dressed international celebrities such as Kylie Minogue, Reese Witherspoon, and Naomi Campbell, further cementing his global appeal.

Digital Presence and the Future:

Manish Malhotra was one of the first Indian designers to embrace social media, using platforms like Instagram to showcase his collections and connect with his audience. His digital presence has played a significant role in expanding his brand’s reach globally. In 2020, he further expanded his brand by launching a virtual store, offering a seamless online shopping experience.

Malhotra has also ventured into the world of beauty with his own line of cosmetics, further diversifying his brand. His vision for the future includes not just expanding his fashion empire but also contributing to the preservation of traditional Indian crafts and textiles. Through his work with artisans across the country, he aims to keep India’s rich heritage alive while continuing to innovate in the world of fashion.

Brand Founders:-

The Manish Malhotra brand was founded by the designer himself, Manish Malhotra. Born on December 5, 1966, in Mumbai, India, Manish Malhotra started his career as a fashion designer in the late 1980s. He is the sole founder and the creative force behind the brand.

While Manish Malhotra is the brand’s founder and primary creative leader, the success of the brand is also supported by a dedicated team of professionals who manage various aspects of the business, including production, marketing, and operations. However, the brand remains closely associated with Manish Malhotra’s personal design philosophy and artistic vision.

Brand Productline:-

Manish Malhotra’s brand product line is a luxurious blend of traditional Indian craftsmanship and contemporary fashion, catering to a diverse range of fashion needs. The brand, synonymous with opulence and glamour, offers a wide array of products that include couture, bridal wear, men’s wear, diffusion lines, and even beauty products. Each product line reflects Malhotra’s commitment to quality, intricate detailing, and innovative design.

  1. Couture and Bridal Wear
  2. Men’s Wear
  3. Diffusion Line
  4. Manish Malhotra Beauty Products (MyGlam)
  5. Accessories and Footwear
  6. Home Decor

Brand Marketing strategies:-

Manish Malhotra’s marketing strategies are a blend of traditional fashion industry practices and modern digital techniques, all designed to strengthen his brand’s presence in both the Indian and global markets. His approach is multi-faceted, leveraging his strong ties with Bollywood, digital platforms, and exclusive events to create a powerful brand narrative.

  1. Bollywood Integration
  2. Celebrity Endorsements and Social Media Influence
  3. Digital Presence and E-commerce.
  4. Exclusive Fashion Shows and Events
  5. Collaborations and Diversification

Brand Selling methods:-

Manish Malhotra’s selling methods are a blend of traditional luxury retail practices and modern digital strategies, aimed at maintaining exclusivity while reaching a broad audience. Here’s a concise overview of his selling methods:

  1. Exclusive Boutiques and Flagship Stores
  2. High-profile Fashion Shows and Events
  3. Celebrity Endorsements and Collaborations
  4. E-commerce and Digital Presence
  5. Personalized and Bespoke Services
  6. Diffusion Lines and Accessible Collections
  7. Strategic Store Locations and Pop-Up Shops

Legal Cases involving Brand:-

Manish Malhotra, the renowned Indian fashion designer, has been involved in legal battles to protect his brand. Here are a couple of notable instances:

  1. Pakistan Legal Forum Case:
    • Manish Malhotra filed a plea in Pakistan’s quasi-judicial trademark and copyrights authority against a well-known textile firm that was using the ‘Manish Malhotra’ trademark without authorization.
    • His concern was that this unauthorized use might impact his flourishing business in Dubai, where affluent Pakistanis often shop for haute couture.
    • The plea claimed that Manish Malhotra’s brand is well-known under the Trademark Ordinance 2001 of Pakistan, even without formal registration or actual sales in the country.
    • While he usually takes legal action against imitations worldwide, in this case, he expressed openness to an out-of-court settlement.
  2. Reliance Brands Acquisition:
    • Reliance Brands Limited (part of Mukesh Ambani’s Reliance Industries) acquired a 40% stake in the ‘Manish Malhotra’ brand to accelerate its growth in India and globally.
    • This strategic move aimed to enhance the couture house’s presence and influence.

Brand Competitors :-

Manish Malhotra’s brand operates in the luxury fashion segment, primarily focusing on high-end bridal and couture wear. His competitors include other leading fashion designers and brands that offer similar high-quality, luxurious products. Here are some of the notable competitors:

  1. Sabyasachi Mukherjee
  2. Abu Jani Sandeep Khosla
  3. Tarun Tahiliani
  4. Anita Dongre
  5. Falguni Shane Peacock
  6. Rohit Bal
  7. Jade by Monica and Karishma
  8. Kanika Kapoor

Brand Target Audience:-

Manish Malhotra’s target audience primarily consists of affluent individuals seeking high-end, luxurious fashion. His target demographic includes:

  1. Affluent Brides and Grooms
  2. Bollywood Celebrities and Influencers
  3. Fashion Enthusiasts and Socialites
  4. International Clients
  5. High-net-worth Individuals (HNWIs)
  6. Fashion-forward Young Adults
  7. Custom and Bespoke Clients

Author : Bipasha Rajak

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The Role Of Fashion Icons In Shaping Global Style Trends From Coco Chanel to Contemporary Figures https://fashionlawjournal.com/the-role-of-fashion-icons-in-shaping-global-style-trends-from-coco-chanel-to-contemporary-figures/ https://fashionlawjournal.com/the-role-of-fashion-icons-in-shaping-global-style-trends-from-coco-chanel-to-contemporary-figures/#respond Tue, 03 Dec 2024 07:30:58 +0000 https://fashionlawjournal.com/?p=9325 Fashion is the perpetual dialogue between past, present and the future. It reflects changes in the society while paving the way for individual and group expression. In the midst of this dynamic interaction, fashion icons have set as cultural lights that have influenced people’s perception of the world and in addition to what they wear. From the revolutionary designs from Coco Chanel to the bold electric statements of modern influencers these figures embody the ever-evolving nature of global style trends, blending timeless elegance with modern influences.

Coco Chanel: The Pioneer of Modern Elegance

Few names are as synonymous with timeless fashion as Coco Chanel. Gabrielle “Coco” Chanel, born in 1883, revolutionized the definition of style by emphasizing simplicity, comfort, and practicality in an age dominated by rich ornamentation and repression. Her inventions freed women from the corseted form, ushering in a fresh aesthetic that championed functionality without sacrificing sophistication.

The little black dress, the LBD, is considered a landmark of Chanel’s vision: elegant in her view, universal in appeal, accessible and available in the 1920s. And certainly miles away from those rigid, ornamented dresses dressed with heavy fabrics that dominated the fashion. Chanel’s use of jersey, the fabric material for men’s innerwear, was another revolutionary act when she could associate it with good things-in fashion terms-with class and luxury.

Chanel even influenced fashion beyond garments. She loved pearls, tweed suits, and two-tone shoes. Her perfume, Chanel No. 5[1], became the essence of sophistication. By linking her designs to the changing roles of women in society, she established a precedent for fashion as an expression of social change.

Audrey Hepburn: The Quintessential Muse

If Chanel established the framework, Audrey Hepburn personified its essence. During the 1950s and 1960s, Hepburn and designer Hubert de Givenchy collaborated to create some of the most recognizable fashion ensembles ever. Hepburn’s style struck a mix between elegance and accessibility, as shown in her elegant black dress from Breakfast at Tiffany’s to her simple ballerina flats and cropped pants.

Hepburn’s clothing selections struck a chord because they were genuine. Her taste for simple lines, muted colors, and sparse accessories produced an aesthetic that was both attainable and aspirational. She exemplified the idea that simplicity is the key to true elegance, which is still relevant in contemporary fashion.

The Cultural Rebellion of the 20th Century

The fashion changed from the classy, structured elegance of Chanel and Hepburn to the provocative, rebellious looks of icons like Twiggy, Madonna, and Princess Diana at the mid-to-late 20th century. Each represented a different facet of societal change and helped redefine fashion for their generation.

At her boyish androgyny and mod dresses, Twiggy[2] embodied the 1960s. What such hair featured a pixie cut, sharp eyeliner, and later, a mod dress as worldwide phenomena did reflect youth-driven cultural  revolution in the decade.

On the other hand, the 1980s belonged to Madonna that aced unapologetic individuality. A layered accessory and corset along with bold makeup challenged conventional norms and celebrated self-expression. She epitomized fashion as empowerment, echoing the feminist movements of her time.

Meanwhile, Princess Diana proved adept at marrying royal tradition to modern sensibility. From fairy-tale gowns early on to sleek and tailored later days, every twist in Diana’s style captivated the world. Jeans and blazer combinations popularized casual chic, and glamorous evening wear redefined what it meant to be a modern royal.

Contemporary Icons: A New Era Of Influence

Now, in the 21st century, fashion icons continue shaping global trends, but their nature of influence has evolved with the rise of social media. Platforms such as Instagram and TikTok have democratized fashion, enabling influencers, celebrities, and even ordinary people to inspire millions.

One of the major personalities of present-day fashion is Rihanna, a singer, actress, and entrepreneurial icon. Rihanna’s persona is bold, innovative, and boundary-pushing. Her brand, Fenty Beauty, shook up the beauty and lingerie industries in delivering a diverse range of shades and body types. From a fashion perspective, Rihanna’s red-carpet appearances-they feature bold silhouettes, avant-garde designs, and very daring accessories-invoke freedom and rebellion against the old glamour paradigm.

Zendaya is another recent fashion icon to celebrate her diversity and flexibility. One day she embodies the glamour of Old Hollywood or connects to futuristic designs; collaborations with stylist Law Roach constantly bring red carpet style to new heights. Young celebrities like Zendaya can blend tradition with innovation in style.

There is undeniably the Kardashian-Jenner influence, led by Kim Kardashian. Her focus on bodycon dresses, neutral palettes, and athleisure-inspired looks has helped shape trends spreading across continents. Balmain collaborations and her foray into shapewear[3] and beauty are testaments to how personal branding can turn into a global empire.

The Intersection of Technology and Sustainability

The latest fashion icons not only determine trends but also influence much-needed debates about issues like sustainability and technology. This informed awareness of the ecological damage of fashion has, in turn, fueled the adoption of more eco-friendly designs and consumption patterns. Emma Watson is a great example, as she usually wears eco-friendly brand garments and employs her huge influencer following to push for ethical production.

Technology has also extended the reach and influence of fashion. Digital try-ons, virtual fashion shows, and even NFTs – all of these have transformed the way designers and icons relate to their audience. Icon like Bella Hadid and Lil Miquela, a virtual influencer, are practically straddling the physical and virtual world, simplifying style in ways that define it for the tech-savvy generation.

Timeless Elegance In The Changing World

Being a fashion icon sets aside the difference between effortless elegance with a modern appeal. The principles of Coco Chanel for simplicity and comfort as relevant in the contemporary world as they were a century ago differ in form and application-it can come through a minimalist wardrobe, athleisure functionality, or the little black dress.

Similarly, the cult that Audrey Hepburn enjoyed lives on in the love for effortless sophistication – seen in capsule wardrobes and the popularity of ballet flats and classic trench coats. The rebellious attitude of icons such as Madonna and Diana is found in today’s bold streetwear, gender-neutral fashion, and an exaltation of individuality.

Conclusion

They are more than trendsetters. More than anything, they are storytellers, historians, and visionaries. From the outrageous designs of Coco Chanel to the explicit statements of Rihanna and Zendaya, these figures reflect the ever-changing tapestry of culture and society. They tell us that this is not just about clothes it’s about identity, empowerment, and communication.

As we look forward, the role of fashion icons will change dramatically, one underlined by new technologies, worldwide challenges, and the pursuit of individuality that never ceases. At heart, however, timeless elegance and the influence of the modern will be inextricably linked with their legacy icon.

Author: Gaurangi Tandon

[1] Chanel no.5 : https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.chanel.com%2Fin%2Ffragrance%2Fwomen%2Fc%2F7x1x1x30%2Fn5%2F&psig=AOvVaw2pVFYlnBVzqVuEVAymiFbU&ust=1732391071962000&source=images&cd=vfe&opi=89978449&ved=0CAcQr5oMahcKEwiwxq7n2fCJAxUAAAAAHQAAAAAQBA

[2] Twiggy : https://www.google.com/url?sa=i&url=https%3A%2F%2Ffashionunited.uk%2Fnews%2Fpeople%2Fmuch-more-than-just-a-model-style-icon-twiggy-turns-75%2F2024091377553&psig=AOvVaw0rlTDLuWcZBwf42QIZSd2W&ust=1732391298585000&source=images&cd=vfe&opi=89978449&ved=0CAQQn5wMahcKEwiAp8TU2vCJAxUAAAAAHQAAAAAQBA

[3] Bodycon : https://www.google.com/url?sa=i&url=https%3A%2F%2Fskims.com%2F&psig=AOvVaw20S7Db0px5AEI4nVr7CngK&ust=1732391444353000&source=images&cd=vfe&opi=89978449&ved=0CAYQrpoMahcKEwjoh4KY2_CJAxUAAAAAHQAAAAAQBA

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Top Handmade Bags to Add to Your Collection https://fashionlawjournal.com/top-handmade-bags-to-add-to-your-collection/ https://fashionlawjournal.com/top-handmade-bags-to-add-to-your-collection/#respond Thu, 21 Nov 2024 06:06:00 +0000 https://fashionlawjournal.com/?p=9117 Handcrafted bags possess an allure that factory-made accessories often lack. Each item tells a story meticulously woven by artisans who infuse creativity and dedication into every seam. For individuals looking to elevate their collection, exploring handmade selections offers the opportunity to acquire something truly exceptional. This article highlights a selection of premium handmade bags to enhance any wardrobe.

Bohemian Bliss: The Crochet Bag

Crocheted bags embody a bohemian vibe by merging relaxed fashion with unique charm. Artisans create these designs using quality materials that result in lightweight yet durable accessories. Typically featuring vibrant colors, crochet bags add a touch of individuality to any outfit. They are perfect for beach trips or casual gatherings, pairing effortlessly with summer dresses and comfortable denim. These well-crafted handmade bags’ intricate patterns and airy textures make them stylish for those seeking a laid-back yet distinctive look.

Elegant Simplicity: The Leather Tote

The classic appeal of a leather tote lies in its timeless elegance and versatile style options. These exquisitely crafted handmade bags are made from high-quality leather with precision and care to ensure durability and sophistication. Leather totes can hold all your essentials effortlessly, which makes them ideal for work, shopping, and weekend outings. Their simple yet refined design complements various outfits, from professional attire to casual ensembles, providing functionality and style.

Cultural Heritage: The Embroidered Satchel

Embroidered satchels honor rich cultural traditions through their intricate designs and vibrant colors. These bags feature traditional patterns that convey stories and symbolism in every stitch. Perfect for art and history enthusiasts, embroidered satchels showcase the craftsmanship and heritage of their creators. When paired with elegant attire, these unique pieces add a meaningful and artistic touch to any outfit, which makes them standout accessories that celebrate cultural legacy.

Eco-Friendly Fashion: The Recycled Material Bag

Eco-conscious fashion is highlighted by bags made from recycled materials, positively addressing sustainability in the fashion industry. Skilled artisans transform fabrics and materials into trendy accessories that minimize waste and promote sustainable practices. These bags feature unique textures and designs that reflect their origins as upcycled goods. Choosing recycled material bags supports environmental initiatives and offers stylish and eco-friendly options for those committed to sustainable living.

Chic Utility: The Canvas Backpack

Canvas backpacks combine style and practicality to offer a functional choice that is durable and fashionable. Made from sturdy materials, they can withstand everyday use while maintaining a trendy appearance. They feature multiple organizational compartments to cater to individuals who value order and efficiency. The casual charm of canvas backpacks makes them ideal for students, travelers, or anyone seeking a reliable and stylish companion for their daily adventures.

Artisan Excellence: The Beaded Clutch

Beaded clutches showcase the exquisite craftsmanship of artisans who meticulously sew beads by hand to create stunning patterns and designs. These clutches are perfect for adding elegance to evening outfits and serving as captivating accessories for special events. The detailed beadwork reflects the artisan’s skill and dedication, making each clutch a unique piece of art. Carrying a beaded clutch allows individuals to bring a touch of sophistication and artistry to their ensemble and enhances their overall look with a handcrafted masterpiece.

Everyday Elegance: The Fabric Shoulder Bag

Fabric shoulder bags seamlessly blend comfort and style, making them versatile for everyday use. These bags, crafted from durable materials, are visually appealing and pleasant to the touch. They typically feature adjustable straps and spacious interiors, offering convenience without compromising on fashion. Fabric shoulder bags are ideal for daily errands, casual outings, or a stylish addition to any outfit, and provide the perfect balance of functionality and elegance.

Timeless Tradition: The Handwoven Basket Bag

Handwoven basket bags draw inspiration from traditional weaving techniques passed down through generations of skilled artisans. These bags are made from natural fibers, resulting in durable yet fashionable carryalls with open designs perfect for carrying essentials. The rustic appeal and natural hues of handwoven basket bags attract those who appreciate heritage craftsmanship. Incorporating a handcrafted basket tote into your collection adds a touch of enduring tradition and timeless style, making it a versatile and charming accessory for any occasion.

In Summary

Handcrafted bags bring a unique flair and personal touch to any collection. From crochet totes to embroidered satchels, each piece showcases a distinctive blend of fashion and artisanal expertise. Choosing handmade items supports skilled artisans and introduces accessories with rich narratives and intricate designs. Whether for everyday use or special events, these bags offer more than just practicality—they glimpse the dedication and artistry behind their creation. Adding handmade bags to your collection enhances your wardrobe with exceptional and meaningful accessories.

 

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