Upcycling has gained popularity, particularly in industries like fashion, as existing materials remain in circulation instead of ending up in landfills.[1] Upcycling creatively repurposes waste materials or discarded products into new ones of higher value, quality, or functionality, showcasing innovative reuse such as transforming old jeans into a denim tote bag.[2] Whereas, recycling involves breaking down waste materials or products into their basic components for creating new products or materials, such as melting plastic bottles to make new plastic products.[3] Although both practices contribute positively to environmental conservation by reducing waste and the demand for virgin resources, upcycling generally requires fewer resources and less energy compared to recycling.[4]

Despite these benefits, upcycling encounters challenges related to intellectual property rights (IPR) when incorporating pre-existing designs, trademarks, or copyrighted materials.[5] Fashion brands may face legal issues when their protected intellectual property is used in upcycled products without authorization. The absence of clear guidelines surrounding upcycled products can also deter designers and brands from fully embracing sustainable initiatives, fearing legal repercussions.

The First Sale Doctrine of Trademark Law

In the context of trademark law, upcycled products lack significant protection by the first sale doctrine. Also known as the exhaustion doctrine, the first sale doctrine is a legal principle that allows the purchaser of a trademarked item to resell, give away, or loan that item without infringing upon the original owner’s IPR.[6] Once a branded product enters the stream of commerce, trademark protection is exhausted and subsequent unauthorized sale of product does not violate trademark protection.[7]

However, there is an exception to the principle of exhaustion when the quality of the product has been altered.[8] The issue arises in upcycling when the upcycled product materially modifies the original item. This means that if you buy a branded shirt, you may not legally transform it into something else, such as a bag, without the brand owner’s permission, if “material differences” exist between the purchased goods and the goods being resold.[9] For instance, if the upcycled bag retains the brand’s logo or distinctive design elements without authorization, it could potentially infringe on the brand’s IPR. The same problem arises if purchasers engage in unauthorized repackaging, reconstruction, and other modifications because the upcycled product is materially different from the original.[10]

Upcycled Products and Trademark Infringement

Trademark infringement occurs when a trademark or service mark is used without authorization in connection with goods and/or services, causing confusion, deception, or misconceptions about the origin of the goods and/or services.[11]

In the context of upcycling, which involves modifying the original product while incorporating or showcasing logos or other protected trademarks, the trademark owner can demonstrate that the upcycler is using the same or similar trademark in commerce without the owner’s consent, and therefore this unauthorized use may lead to a likelihood of consumer confusion.[12] For instance, consumers might mistakenly believe that the product originated from a luxury brand.

Trademark Infringement Found in Upcycled Products

Louis Vuitton Malletier S.A.S. v. Sandra Ling Designs, Inc. No. 4:21-CV-00352 (S.D. Tex. Dec. 1, 2022)

Louis Vuitton sued Sandra Ling Designs (SLD) for trademark infringement related to the sale of apparel, handbags, and accessories made from modified Louis Vuitton goods.[13] Louis Vuitton argued that the material alteration created a risk of customer confusion.[14] SLD countered that customers were unlikely to be confused about the source of its products because each upcycled product included language disclaiming affiliation with Louis Vuitton.[15]

The Southern District of Texas did not rule on counterfeiting because a settlement was reached.[16] While no liability or damages were admitted, the defendants agreed to a permanent injunction and a payment of $603,000, as part of the settled agreement.[17]

Chanel, Inc. v. Shiver and Duke, LLC, No. 1:21-cv-01277-MKV (S.D.N.Y. Nov. 29, 2022)

Chanel sued Shiver + Duke (SD) for trademark infringement, unfair competition, and trademark dilution, citing their use of Chanel buttons in SD’s upcycled jewelry.[18] Chanel argued that the repurposed Chanel buttons were not directly sourced from Chanel, lacked Chanel’s verification of authenticity, and were originally intended for clothing, not jewelry.[19] Moreover, SD’s upcycled products bore similarities to Chanel’s jewelry designs.[20]

Despite receiving a cease-and-desist letter, SD made superficial changes to their products and packaging, such as adding “reimagined” and “reworked,” while continuing to use Chanel’s trademarks without consent.[21] They also incorporated their “SD” markings on the back of the jewelry and tags.[22]

The Southern District Court of New York entered a stipulated judgment in Chanel’s favor, permanently enjoining SD from refashioning Chanel buttons and settling the case, with terms remaining confidential.[23]

Trademark Infringement Not Found in Upcycled Products

Rolex Watch U.S.A., Inc. v. BeckerTime, LLC, No. 4:20-CV-01060, 2022 WL 286184 (N.D. Tex. Jan. 31, 2022)

Rolex obtained a permanent injunction against an upcycler who combined Rolex and third-party parts to create hybrid watches labeled as “Genuine Rolex,” a practice deemed counterfeiting by the Northern District Court of Texas due to the unauthorized use of Rolex’s trademarks.[24]

The upcycler’s watches incorporated at least one Rolex trademark, along with aftermarket bezels and bands, despite lacking Rolex’s endorsement.[25] Although BeckerTime claimed to be a “Certified PreOwned Watch Dealer” with a “Rolex Certified Master Watchmaker,” Rolex had not certified or endorsed them.[26] Furthermore, the parts BeckerTime added to these watches did not bear any markings identifying BeckerTime as the source.[27]

However, Rolex was denied disgorgement of profits due to a delay in legal action known as laches, as Rolex’s attorneys had been aware of the upcycler’s activities for over 10 years before filing suit.[28]

Additionally, the court found that BeckerTime aimed to capitalize on Rolex’s brand recognition but lacked sufficient evidence to prove an intent to infringe on Rolex’s trademarks.[29]

Hamilton Int’l Ltd. v. Vortic LLC, 486 F. Supp. 3d 657 (S.D.N.Y. 2020), aff’d, 13 F.4th 264 (2d Cir. 2021)

The Southern District Court of New York ruled that wristwatches made from genuine parts of pocket watches originally produced and sold in the U.S. under the Hamilton trademark from 1894 to 1950 were unlikely to cause confusion about their origin.[30]

The court emphasized the importance of disclosure in determining confusion caused by modified genuine products.[31] Despite the continued presence of Hamilton marks on some original parts, such as the watch faces, the defendant’s identification on the watch backs and clear disclosures in their advertisements and website clarified the watches’ source.[32]

The Second Circuit upheld this decision, noting Hamilton’s failure to prove confusion among reasonable purchasers regarding the origin of Vortic’s watches.[33]

Conclusion

As upcycling gains momentum as a green solution, the legal red flags in trademarks become increasingly relevant. The cases highlighted herein reveal the delicate balance between innovative reuse and protecting established brands. These instances serve as cautionary tales, emphasizing the need for clear guidelines and boundaries to safeguard both creative expression and brand integrity. While some brands may attempt to disguise themselves as upcyclers and use sustainability as an excuse to unfairly capitalize on a well-known brand’s reputation, it is crucial to strike a balance between encouraging eco-friendly practices and upholding intellectual property rights. This balance is necessary to ensure a fair and ethical marketplace for both creators and consumers alike.

References:

[1] Eda Stark, The Implications of Upcycling Products for Brand and Trademark Owners, IP Watchdog (June 27, 2023, 7:15 AM), https://ipwatchdog.com/2023/06/27/implications-upcycled-products-brand-trademark-owners/id=162671/#.

[2] Karma Thinlay Yolmo, Intellectual Property Challenges in Upcycling and Recycling Fashion: Examining the Legal Implications and Intellectual Property Rights associated with the Transformation of Waste Materials into Sustainable Fashion Products in India, 11 ICJRT. 2 (2023), available at: https://ijcrt.org/papers/IJCRT2307762.pdf.

[3] Id.

[4] Id.

[5] Id.

[6] Irene Calboli, Upcycling, Sustainability, and IP: What It Means for the World of Fashion (July 2023), https://www.wipo.int/wipo_magazine_digital/en/2023/article_0022.html.

[7] Id.

[8] Id.

[9] Id.

[10] Stark, supra note 1.

[11] Id.

[12] Id.

[13] Calboli, supra note 6.

[14] Id.

[15] Id.

[16] Id.

[17] Id.

[18] Id.

[19] Id.

[20] Id.

[21] Stark, supra note 1.

[22] Id.

[23] Id.

[24] Id.

[25] Id.

[26] Id.

[27] Id.

[28] Id.

[29] Bobby Ghajar & Dina Roumiantseva, Upcycled Goods: Considering When Restoration Crosses into Infringement, IP Watchdog (March 26, 2022, 12:15 PM), https://ipwatchdog.com/2022/03/26/upcycled-goods-considering-restoration-crosses-infringement/id=147873/.

[30] Stark, supra note 1.

[31] Ghajar, supra note 29.

[32] Stark, supra note 1.

[33] Id.

The Essence of Digital Influencer Contracts

A digital influencer contract is a legal agreement between an influencer and a brand or agency that outlines the terms of their collaboration. These contracts are essential not only for defining the scope of work and compensation but also for establishing the legal expectations and responsibilities of both parties.

Key Components of Influencer Contracts

Scope of Work: Clearly defines deliverables, including the number and type of content pieces (posts, videos, stories), deadlines, and platforms. It is vital that these terms are specified clearly to prevent misunderstandings.

Compensation: Details payment terms, including amounts, schedules, and conditions for bonuses or penalties. This aspect is crucial for ensuring a balanced and fair relationship between the influencer and the brand.

Intellectual Property Rights: Specifies ownership rights over the content created and the extent of its use by both parties. Clear definition of intellectual property rights is vital to avoid future litigation.

Exclusivity: Describes any restrictions on the influencer’s engagement with competing brands. The exclusivity clause is often crucial for brands wishing to maintain a competitive edge.

Compliance and Disclosure: Ensures adherence to legal standards, such as those set by the Federal Trade Commission (FTC) in the U.S., regarding transparency in sponsored content.

Legal Challenges and Juridical Protection

The legal landscape for digital influencers is still evolving, with several challenges complicating the juridical protection available to influencers and contracting parties.

Regulatory Compliance

Influencers and brands must navigate a complex web of regulations governing advertising. The FTC mandates clear disclosures for sponsored content to prevent deceptive practices. Non-compliance can lead to significant fines and reputational damage, making it crucial for contracts to explicitly require compliance with these guidelines.

Intellectual Property Concerns

Disputes often arise over the ownership of content created by influencers. Contracts must precisely define who holds the intellectual property rights to the content during and after the agreement term. This clarity helps prevent disputes and ensures that both parties understand their rights and limitations.

Contractual Disputes

The unique nature of influencer engagements can lead to disputes over contractual terms. Ambiguities in the scope of work, content approval processes, and compensation can lead to conflicts. Well-drafted contracts that anticipate such issues and provide clear guidelines and dispute resolution mechanisms are essential.

Protection Against Defamation and Misrepresentation

Influencers, by the nature of their work, are exposed to risks of defamation and misrepresentation. Legal protections such as indemnity clauses and warranties can help protect influencers and brands from legal repercussions stemming from unintended violations.

Best Practices for Drafting Influencer Contracts

Precision in Terms: Clearly define all terms and expectations to avoid ambiguity and ensure an effective collaboration.

Fair Compensation Practices: Ensure compensation is fair and commensurate with the influencer’s reach and effort.

Dispute Resolution: Include clear mechanisms for mediation and arbitration to efficiently resolve disputes.

Adaptability: Regularly update contracts to reflect changes in laws and industry standards, ensuring they remain relevant and effective.

Conclusion

As the influencer marketing industry continues to expand, the critical importance of robust legal contracts becomes ever more apparent. These contracts form not only the foundation for successful collaborations but also a vital protective shield for both influencers and brands. By focusing on the comprehensive, clear, and compliant drafting of contracts, parties can ensure that their collaborations are not only profitable but also legally sound.

Finally, the legal frameworks will need to evolve with the digital marketplace, ensuring that they continually offer relevant protections and foster an environment of fair and ethical business practices. This strategic legal approach guarantees that digital influencer contracts remain effective, fair, and enforceable, safeguarding the dynamic interests of all stakeholders in the digital marketing realm. In a rapidly evolving digital world, the drafting, negotiation, and enforcement of influencer contracts must be approached with careful attention to detail and a deep understanding of the unique challenges presented by digital media. Ensuring that these contracts are robust and adaptable is essential for the continued growth and sustainability of influencer marketing.

Author:

Felipe Jaruche, an accomplished legal professional, showcases expertise in corporate law and the dynamic interplay of the fashion industry. Beyond the corporate realm, Felipe accentuates a global, inclusive, and ethically informed approach within the broader socio- political context of the fashion industry. He holds a master and phd studies in humanities, being also part of the European Solidarity Corps in Italy for the past years. Felipe’s analyses encompass sociology and human rights, offering comprehensive insights.

This article delves into Johansson’s fight for equal pay, exploring the instances where she took a stand, the wider context of Hollywood’s gender pay disparity, and the impact her actions have had on the industry.

From Catwalk to Contract Negotiations: Johansson’s Early Battles

Johansson’s awareness of gender inequality likely began early in her career. As a child star, navigating the complexities of Hollywood, she may have witnessed firsthand the discrepancies in opportunities and compensation between male and female actors. This awareness translated into action as she matured into adulthood.

One of the first documented instances of Johansson advocating for equal pay came in 2013 during negotiations for The Avengers: Age of Ultron (2015) [Hindustan Times, When Scarlett Johansson refused to be paid less for Avengers 2 and Robert Downey Jr backed her, 2021]. Rumors swirled that Johansson, alongside co-stars Chris Hemsworth and Chris Evans, threatened to walk away from the project if their salaries weren’t renegotiated. While details remain unconfirmed, the reported incident highlighted the growing discontent amongst female actors regarding unequal pay.

Johansson’s fight wasn’t solely focused on securing her own fair share. In a 2016 interview with Cosmopolitan [Newsweek, Scarlett Johansson Feels ‘Icky’ Talking About the Gender Pay Gap, 2016], she acknowledged her privileged position within Hollywood, stating, “There’s something icky about me having that conversation unless it applies to a greater whole.” This sentiment underscores her desire to advocate for a systemic change in the industry, not just personal gain.

Black Widow: A Stand for Franchise Value

The release of Black Widow (2021) reignited discussions about Johansson’s fight for equal pay. Johansson not only starred in the film, but also served as an executive producer. However, the controversy arose from the film’s simultaneous release in theaters and on Disney+ . Johansson argued that this dual release strategy compromised the film’s box office potential, impacting her performance-based compensation.

She sued Disney, alleging a breach of contract. The lawsuit, while ultimately settling out of court, brought a spotlight to the complex issue of actor compensation in the age of streaming platforms. It also raised questions about transparency in contracts and the potential for studios to manipulate release strategies to limit payouts to actors, particularly women.

The Gender Pay Gap in Hollywood: A Persistent Problem

Johansson’s fight for equal pay is not an isolated incident. Numerous studies have documented a persistent gender pay gap in Hollywood. A 2019 report by the USC Annenberg Inclusion Initiative [Annenberg Inclusion Initiative, USC, 2019. “Inequality in Hollywood”] found that on average, top-billed actresses earned 31.3% less than their male counterparts. This disparity exists across genres and budgets, highlighting a systemic issue within the industry.

Several factors contribute to this gap. One is the perception of “bankability.” Studios often justify higher salaries for male actors based on the assumption that they will draw a larger audience. However, this rationale fails to consider the impact of strong female leads on a film’s success. Additionally, unconscious bias and ingrained gender stereotypes can influence casting decisions and salary negotiations.

The Ripple Effect: Johansson’s Impact on the Industry

While the full impact of Johansson’s actions can still be debated, they undeniably sparked a conversation within Hollywood. Her lawsuit against Disney sent a powerful message to studios about the importance of transparency and fair compensation. Furthermore, Johansson’s outspokenness inspired other actresses to speak out about their own experiences with unequal pay.

The industry has seen some positive changes. Studios are increasingly focusing on diversity and inclusion, with a growing awareness of the need for equal opportunities for women both in front of and behind the camera. Additionally, actresses like Jennifer Lawrence and Viola Davis have used their platforms to advocate for fair pay, further amplifying the call for change.

However, the fight for equal pay remains ongoing. The gender pay gap persists, and achieving true parity will require continued pressure from actresses, unions, and fans alike.

Beyond the Paycheck: Advocating for Change

Johansson’s fight extends beyond securing equal paychecks. She actively champions the empowerment of women in Hollywood and beyond.

Championing Female Representation: Johansson has consistently used her influence to promote female-driven narratives. She has spoken out about the need for more stories told from the perspective of women and the importance of featuring strong female characters who defy stereotypes [The Independent, Scarlett Johansson says women ‘are undermined, underserved, under-appreciated and underpaid’ | The Independent, 2021].

One way she has pushed for change is through her production company, These Pictures. Founded in 2012, the company focuses on developing projects with complex female characters at the forefront [Variety, Scarlett Johansson Launches Production Company (Exclusive), 2012]. Johansson has stated, “I see a lot of limitations placed on women in storytelling…We need more nuanced portrayals of women” [Variety, Scarlett Johansson Launches Production Company (Exclusive), 2012]. These Pictures’ first project, Women in Translation (2018), is a testament to this commitment, showcasing a complex and layered portrayal of a female protagonist.

The Road Ahead: A Continuing Fight

While Johansson’s actions have undoubtedly played a role in pushing the conversation about equal pay forward, the fight for gender parity in Hollywood is far from over. The following points highlight remaining challenges and areas for continued action:

• Transparency in Contracts: The lack of transparency surrounding actor compensation remains an issue. Standardizing contracts and ensuring clear performance-based bonuses could help mitigate future controversies like the Black Widow lawsuit.
• Breaking the “Bankability” Myth: Studios need to move beyond the outdated notion of “bankability” based solely on gender. Data analysis and box office studies that take into account the impact of strong female leads can help dispel this myth.
• Shifting Audience Expectations: Audiences have a role to play as well. Supporting films featuring strong female characters and diverse casts sends a message to studios about what viewers want to see.

Conclusion

Scarlett Johansson’s journey transcends the image of a Hollywood A-lister. She has leveraged her platform to advocate for equal pay, champion female representation on screen, and foster solidarity among women in the industry. Her actions serve as a beacon for change, inspiring others to challenge the status quo and fight for a more equitable Hollywood. While the road ahead is long, Johansson’s unwavering voice ensures that the fight for gender equality continues to gain momentum.

For Paris, to be bestowed with the title, “Fashion Capital of the World”, the history plays a great role, dating back to 17^th Century, under the reign of King Louis, known for his extravagant taste and grandeur and with that he did not only rule France but also ruled the Fashion world. It is known that from a young age, Louis XIV understood the power of clothing as a symbol of status and power. He meticulously curated his wardrobe, favouring sumptuous fabrics, intricate embroidery, and opulent accessories. The King’s fashion choices not only reflected his personal tastes but also served as a means of asserting his authority and magnificence.

Source

Under Louis XIV’s patronage, the royal court became a beacon of creativity, attracting artisans and craftsmen from far and wide to showcase their talents. The sumptuary laws enacted during his reign not only regulated clothing but also elevated Paris as the arbiter of style and sophistication throughout Europe.

One of Louis XIV’s most enduring contributions to fashion was the establishment of the standard fashion seasons—spring/summer and fall/winter. The Sun King understood the importance of seasonal trends in driving consumer demand and stimulating the economy. By mandating the creation of new fashion lines and textiles each season, Louis XIV boosted the textile industry’s economy and solidified Paris’s position as a global fashion hub. Now we know whom to thank for those runway shows we drool over twice a year.

The Grand Palace of Versailles played a central role in Louis XIV’s fashion legacy. Built in the outskirts of Paris, Versailles served as the seat of the French monarchy and the epicentre of courtly life during Louis XIV’s reign. It was here that the King established a rigid hierarchy of etiquette and protocol, including strict dress codes that dictated what could be worn at court.

Source

Louis XIV transformed Versailles into a veritable showcase of luxury and extravagance, hosting lavish balls, receptions, and ceremonies that attracted the aristocracy from across Europe. The palace became a breeding ground for fashion innovation, with designers vying for royal patronage and the opportunity to showcase their creations in the illustrious court of Versailles.

The formalisation of Parisian fashion came to fruition in the 19th century with the establishment of the Chambre de commerce de la couture, a governing body that laid the foundation for haute couture and positioned Paris as the nucleus of high fashion. This institution, later evolved into the Fédération de la Haute Couture et de la Mode, played a pivotal role in promoting French fashion internationally and preserving its legacy of excellence. And it was also the time when Parisian designers like Charles Fredrick Worth pioneered the art of creating custom-made, high-end fashionable garments known as haute couture. This tradition of couture craftsmanship continues to thrive in Paris till today.

But Parisian fashion isn’t just about haute couture; it’s also about embracing diversity and celebrating individuality. From the avant-garde designs of emerging designers to the street style of everyday Parisians, the city’s fashion scene is a vibrant tapestry of styles and influences. Paris Fashion Week, with its eclectic mix of runway shows, presentations, and events, reflects this diversity, showcasing the full spectrum of creativity and innovation that defines Parisian fashion. Moreover, Paris’s influence on global fashion is further amplified by its role as a center of fashion education and innovation. The city is home to some of the world’s most prestigious fashion schools, including Parsons Paris and Studio Bercot, where aspiring designers from all over the world come to hone their craft and learn from the best in the industry. This emphasis on education and creativity ensures that Paris remains a breeding ground for new talent and fresh ideas, perpetuating its status as a global fashion powerhouse.

Furthermore, Paris’s cultural heritage and architectural splendour provide an endless source of inspiration for designers and creatives. From the ornate beauty of the Palais Garnier to the romantic allure of the Pont des Arts, Paris’s landmarks and monuments serve as a backdrop for some of the most memorable fashion moments in history. It’s a city where every street corner tells a story, and every building inspires a new collection.

Source

What sets Paris apart as a fashion capital is its ability to evolve and innovate while staying true to its roots. While steeped in tradition, Parisian fashion is anything but stagnant. Designers continually push the boundaries of creativity, infusing classic styles with a modern twist and embracing new technologies and materials. From sustainable fashion initiatives to groundbreaking collaborations, Paris remains at the forefront of innovation, driving the industry forward into the future.

In a world where trends come and go, Paris stands as a timeless bastion of style, creativity, and elegance. From its rich history and cultural heritage to its global influence and economic prowess, Paris embodies the essence of what it means to be a fashion capital. As we navigate the ever-changing landscape of fashion, one thing remains certain—Paris will forever reign as the undisputed epicentre of all things stylish, captivating the hearts and minds of fashion lovers around the world.

References

• Articles

1. DeJean, Joan, The Essence of Style: How The French Invented High Fashion, Fine Food, Chic Cafés, Style, Sophistication, and Glamour, New York: Free Press, 2005
2. “18th-century Paris: The capital of luxury”. com. 29 July 2011.
3. Why is Paris the Capital of Fashion – LoveToKnow – Women’s Fashion
4. French fashion facts– Paris Digest

• Websites

5. https://www.flickr.com/photos/riverap1/3736516253/
6. https://www.britannica.com/topic/Palace-of-Versailles#/media/1/626457/200300
7. https://media.cnn.com/api/v1/images/stellar/prod/240126130220-14-paris-couture-fashion-week-2024.jpg?q=w_1160,c_fill/f_webp

Author:

Sanjana Bishnoi, (Intern at Fashion Law Journal) a fifth-year law student at Bennett University, explores the intersection of law and fashion. With a hobby in art and craft and a keen interest in fashion, she delves into the legal landscape of the fashion world. With this article, she attend to bring the readers’ attention towards top ten landmark judgement that has shaped fashion industry.

Striking the perfect balance between tone and narrative, it takes us on a journey through a post-apocalyptic world, meticulously crafted by the creative minds of Lisa Joy and Jonathan Nolan. This review delves into the series’ essence, exploring its alignment with the original game franchise, its unique storytelling, and the elements that make it a must-watch on Amazon.

Tone and Setting: A Nostalgic Yet Fresh Approach

At the heart of “Fallout” lies a tone that seamlessly blends the old with the new. Walton Goggins, with his whiskey-soaked cowboy drawl, brings to life the bucolic yet dystopian essence of Vault-Tec living, echoing the cinematic legends Gary Cooper and John Wayne. The series excels in creating a post-apocalyptic California, juxtaposing the bleak, scorched earth with the sickly sweet, sterile environment of the underground bunkers. This duality not only serves as a backdrop but also as a character in itself, immersing the viewer in a world where the remnants of the past and the harsh realities of the present collide.

Plot and Characters: Beyond the Quest

While the central narrative revolves around Ella Purnell’s Lucy and her quest to find her kidnapped father, the storyline is merely a vehicle to explore the expansive universe of “Fallout.” The series thrives on its ability to weave complex characters like The Ghoul, portrayed masterfully by Walton Goggins, and the various factions and survivors navigating the challenges of the wasteland. Through its characters, “Fallout” touches upon themes of survival, humanity, and the absurdity of existence in a world ravaged by nuclear war.

Humor and Violence: A Delicate Balance

One of the series’ strengths lies in its adept use of humor amidst brutality. “Fallout” finds a delicate balance, never veering too far into the darkness of its post-apocalyptic setting, nor undermining its gravity with misplaced comedy. This equilibrium allows the show to tread on territories unexplored by its counterparts, offering a refreshing take on the genre that both shocks and amuses.

Visuals and World-Building: Fallout is a Cinematic Feast

Visually, “Fallout” is nothing short of spectacular. The attention to detail in the depiction of the wasteland, the bunkers, and the remnants of a bygone era contribute to a richly immersive experience. The series stands out for its production design, special effects, and costumes, particularly the T-60 power armor, bringing the iconic elements of the video game to life with astounding accuracy.

Criticisms and Final Thoughts

While “Fallout” shines in many aspects, it is not without its flaws. The underutilization of Walton Goggins and occasional pacing issues in the narrative are notable criticisms. However, these are minor when compared to the overall achievement of the series in capturing the essence of the Fallout universe.

In conclusion, “Fallout“ on Amazon Prime is a triumph in video game adaptations. It preserves the core elements that fans adore while introducing a broader audience to its richly layered world. With its compelling characters, meticulous world-building, and a perfect blend of humor and horror, “Fallout” sets a new standard for the genre. Whether you’re a longtime fan of the franchise or new to the wasteland, this series offers an engrossing, visually stunning, and emotionally engaging journey worth embarking on.

However, as the digital marketing landscape evolves, so does the legal framework governing it. This article explores the intricate legal responsibilities of digital influencers in advertising, shedding light on global regulatory trends, key jurisprudence, and the impactful case. It underscores the importance of this topic for the legal field, the economy, and influencers themselves, emphasizing the need for clarity, honesty, and transparency in digital endorsements.

The Crucial Role of Transparency

At the core of influencer marketing ethics is the principle of transparency. Influencers are required to disclose any sponsored content or affiliations with brands to ensure their audience can distinguish between personal endorsements and paid advertisements. This requirement isn’t merely a best practice; it’s enforced by legal frameworks globally.

The Legal Framework Shaping Ethical Conduct

Countries worldwide have developed regulations that outline clear expectations for influencer marketing practices. These laws serve to deter misleading endorsements and promote a culture of honesty in digital advertising:

United States: The Federal Trade Commission (FTC) enforces guidelines requiring influencers to disclose any financial or material relationship with the brands they promote, ensuring that consumers are not misled by undisclosed sponsorships.

Australia: The Australian Competition & Consumer Commission (ACCC) actively monitors and prosecutes misleading conduct in influencer marketing, emphasizing the importance of honesty in endorsements.

In Europe, influencer marketing is governed by robust regulations aimed at transparency and consumer protection. The General Data Protection Regulation (GDPR) mandates explicit consent for data use, extending to digital advertising. Similarly, the Unfair Commercial Practices Directive (UCPD) prohibits misleading endorsements, emphasizing honesty and transparency. National laws, like the UK’s Advertising Standards Authority (ASA) and France’s Loi Sapin II, reinforce these ethical responsibilities, requiring clear labeling of sponsored content and disclosure of financial incentives.

Consequences of Unethical Practices:

The repercussions for unethical marketing practices can be severe, encompassing both legal penalties and damage to the influencer’s reputation. Regulatory bodies are empowered to levy fines, enforce retractions, and in certain situations, initiate legal proceedings against offenders. The case of Chiara Ferragni exemplifies the significant impact of such controversies.

A High-Profile Misstep: The Chiara Ferragni Case

Image credit: Ilgiornale.it

The controversy, also known as “Pandoro-Gate,” involves misleading charity claims linked to sales of a Christmas cake branded with Ferragni’s logo. Italy’s antitrust authority fined her €1 million for failing to clearly communicate the charity aspect of the sales, while the involved confectionery company, Balocco, was fined €420,000. Despite initial claims that a portion of the proceeds would support a hospital, it was revealed that Balocco had made a pre-campaign donation of €50,000, with no additional funds from the sales.

The financial repercussions for Ferragni and Balocco were significant, but the damage extended beyond their bank accounts. Ferragni’s image, built on a foundation of trust and authenticity with her followers, suffered a substantial blow. The backlash from the public and media highlighted the fragile nature of influencer credibility. In response, Ferragni apologized and pledged to donate €1 million to the hospital, attempting to mend her tarnished reputation. She also contested the fine, deeming it disproportionate, which sparked a debate on the fairness of penalties in influencer marketing misconduct.

The Broader Impact: Why It Matters?

This case underscores a critical issue in the digital marketing space: the delicate balance between creative freedom and legal responsibility. For the legal community, these evolving challenges need a deep understanding of digital commerce and its implications for traditional advertising law. Economically, the integrity of influencer marketing can significantly shape consumer trust and spending patterns. Influencers, for their part, must develop their professional path carefully, balancing their promotional activities with transparency to maintain credibility and avoid legal pitfalls.

The Significance for Legal Fields, Economy, and Influencers

The ongoing developments in the regulation of influencer marketing highlight its importance not just to the legal community, but to the broader economy and the influencers themselves. For legal professionals, these cases present new challenges and opportunities in interpreting and applying laws in the digital domain. Economically, the transparency and integrity of influencer marketing practices can significantly impact consumer trust and spending. For influencers, understanding and adhering to these regulations is crucial not only for maintaining credibility and trust with their audience but also for protecting themselves from legal repercussions.

Navigating the Future of Influencer Marketing

Influencer marketing continues to evolve a growing trend towards improvement in ethical standards and legal compliance. Regulatory bodies are becoming increasingly vigilant in enforcing transparency and consumer protection laws, prompting influencers and brands alike to adopt more responsible practices. With the rise of influencer marketing as a significant component of digital advertising, there is a collective recognition of the importance of maintaining trust and integrity in the industry.

As influencers navigate the legal and ethical complexities of their profession, there is a concerted effort to educate themselves about the relevant regulations and guidelines. Brands are also more discerning in their selection of influencers, prioritizing those who demonstrate a commitment to ethical marketing practices. Additionally, advancements in technology provide tools and resources to facilitate compliance with regulatory requirements, such as automated disclosure tools for sponsored content.

In conclusion, while challenges persist in ensuring full compliance and ethical conduct in influencer marketing, there is a positive trajectory towards improvement. The concerted efforts of influencers, brands, and regulatory authorities contribute to creating a more transparent, trustworthy, and accountable digital advertising ecosystem. By upholding ethical standards and legal obligations, influencers play a crucial role in maintaining the integrity of the industry and fostering consumer trust. As influencer marketing continues to mature, the commitment to ethical conduct will remain essential in shaping its future trajectory.

Author:

Felipe Jaruche, an accomplished legal professional, showcases expertise in corporate law and the dynamic interplay of the fashion industry. Beyond the corporate realm, Felipe accentuates a global, inclusive, and ethically informed approach within the broader socio-political context of the fashion industry. He holds a Masters and PhD studies in humanities, being also part of the European Solidarity Corps in Italy for the past years. Felipe’s analyses encompass sociology and human rights, offering comprehensive insights.

The Hermès Game revolves around the brand’s exclusivity strategy: consumers must pre-spend on an unknown number of ancillary products to qualify for the coveted treasure, a Birkin bag. It is not readily acquirable; hence, all the more desirable. While many luxury brands employ similar tactics, Hermès stands out for its meticulous control over its brand image, distribution channels, and product availability.

In a class action complaint, plaintiffs argue that Hermès has implemented an illegal tying arrangement, directing sales associates to offer Birkins only to consumers with a sufficient purchase history of ancillary products[i]. This tying arrangement, where the sale of one product is contingent upon buying another, can harm competition and consumer welfare.

According to the complaint, the compensation structure for Hermès sales associates is tailored to enforce such a tying arrangement. They are paid hourly plus commission but receive no commission on Birkin bags.[ii] Instead, they earn a 3% commission on ancillary products and 1.5% on non-Birkin bags.[iii] Consequently, sales associates are incentivized to leverage Birkin bags to coerce consumers into purchasing ancillary products to qualify for the “it” bag.

Therefore, plaintiffs allege violations of section two of the Sherman Act (which prohibits acquiring or maintaining a monopoly through anticompetitive means), the Cartwright Act (a California antitrust law that prohibits certain restrictions on commerce and attempts to prevent competition), and Unfair Competition Law (a California law that prohibits unlawful business practices or acts).

Many fashion enthusiasts believe the case will be settled without going to trial. Regardless of the outcome, neither Hermès nor any other business has the unrestricted right to conduct their operations however they see fit; all businesses must adhere to the laws of the jurisdiction in which they operate. Simply citing other brands’ similar practices misses the point—it is ultimately a matter of legality.

Violation of the Sherman Act

In general, four elements must be present to establish a tying arrangement under antitrust laws: (1) distinct products or services, (2) market power in the tying product, (3) actual coercion, and (4) substantial effects on interstate commerce.

Distinct Products or Services

“Tying” refers to tying distinct or dissimilar products or services together when there are separate markets for them. This tactic effectively leverages the desirability of the tying product to drive sales of other tied products.

Hermès has engaged in tying by requiring customers to buy ancillary products that have little or no direct relation to the Birkin bag and belong to separate markets. While some might argue that these products share a fashion accessory category with the Birkin bag, their functions and utility differ significantly. For example, a Twilly scarf may complement the Birkin bag as a fashion accessory, but its association with the bag remains questionable as it serves a different purpose and may appeal to a different set of consumers.

Market Power in the Tying Product

For a tying arrangement to occur, the seller must wield market power in the tying product. Market power denotes the seller’s ability to sway prices, trade terms, or competitive aspects within the relevant market. Although market power can be deduced from factors like market share, it is crucial to recognize that possessing a dominant market share is not the sole indicator of market power. Still, antitrust standards generally do not consider a seller to possess significant market power if their market share in the tying product falls below 30 percent.

Hermès holds significant market power in the luxury handbag sector, particularly with its flagship product, the Birkin bag. While precise market share figures are not publicly disclosed, Hermès’ exclusivity, high pricing, and strong demand indicate its notable presence in this niche market. Despite competition from other high-end brands, Hermès’ distinct positioning, brand prestige, and iconic status contribute to its perceived dominance within the ultra-luxury segment. Thus, while not dominating the entire handbag market, Hermès’ influence and brand strength within the luxury segment could confer market power in tying arrangements involving the Birkin bag.

Actual Coercion

In a tying arrangement, the seller must coerce the buyer into purchasing the tied product, rather than simply encouraging or pressuring them. Coercion can include a refusal to sell the tying product without the purchase of the tied product or pricing that effectively compels a buyer to accept the tying arrangement.

Regarding Hermès, the question arises: is there coercion if customers can bypass the wait by buying from a secondary market? While this may reduce coercion, the presence of a secondary market does not negate Hermès’ practices entirely. The primary market, controlled by Hermès, still influences consumers who prefer buying directly or value the prestige of a new purchase. Moreover, the very existence of a secondary market underscores the demand for Birkin bags, a demand largely fueled by Hermès’ branding and marketing efforts. In addition, the inflated prices often found in the secondary market can act as a barrier for some consumers, effectively compelling them to engage with Hermès’ tying arrangement in the primary market. Hence, while the presence of alternatives may mitigate coercion to some extent, Hermès’ control over the primary market and the enduring allure of its brand still exert considerable influence over consumer behavior.

Substantial Effects on Interstate Commerce

While most anticompetitive behavior impacts interstate commerce to some extent, a tying arrangement under federal antitrust laws must exhibit a substantial effect on interstate commerce, a broad yet not all-encompassing standard.

Given Hermès’ global reach and product distribution spanning state lines and international borders, the tying arrangement likely has a substantial impact on interstate commerce. Transactions involving Hermès products, including the Birkin bag and associated items, affect commerce both domestically and internationally.

Conclusion

The Hermès battle serves as a reminder that no business, regardless of its status, is above the law. While the outcome of this case remains uncertain, it underscores the importance of legal compliance and fair competition in the luxury goods industry. Ultimately, it is not just about upholding brand prestige; it is about ensuring integrity and adherence to legal standards for the benefit of consumers and the marketplace as a whole.

References:

[i] Cavalleri, et al. v. Hermès International, et al., No. 3:24-cv-01707 (N.D. Cal. 2024).

[ii] Id.

[iii] Id.

Welcome to the vibrant realm of streetwear fashion, where clothing has no boundaries and a personality of its own. The world where fashion meets attitude and comfort doesn’t sacrifice style. We’ve chosen famous pieces for this lookbook that will empower your urban fashion story while merging ease and originality.

This streetwear-chic ensemble, which mixes comfort and flair, is sure to get you noticed. You may get an urban and edgy look with the aid of these carefully chosen pieces, which are ideal for social gatherings, city strolls, and casual outings. Come along as we explore how various fashion components combine to create a stylish streetwear appearance that is as distinct and unfettered as you are. Here are the items that are available on Amazon India to define your street style.

• Oversized Graphic T-shirt

And so our foray into streetwear starts with the oversized graphic tee. This staple is not just clothes, it’s a style statement that serves as a blank canvas for individual expression. It’s a style that showcases who you are: an abstract painting, a group logo, or your favorite sentence. Let the t-shirt act as a centerpiece, defining the mood of your outfit.

Link to Product: https://myntr.it/Nnv9nul

• Wide Leg Cargo Pants
  

Pair your graphic tee with wide-leg cargo pants, for effortlessly cool and comfortable style. These pants offer a loose fit for a relaxed feel and plenty of pockets for practicality. The blend of style and functionality ensures you’re ready for anything the urban landscape throws your way.

Link to Product: https://myntr.it/wn5t4iB

• Statement Sneakers

You can make a bold statement with a pair of statement sneakers. In streetwear, your shoes act as your base. This duo injects some (real) spunk into your look with its unique colourways, materiality, and prints. These shoes will make you comfortable and stylish, regardless of whether you’re going out or hitting the town.

Link to Product: https://myntr.it/xN20lqu

• Retro Sunglasses

In streetwear, nothing is too small to be ignored. Retro shades are a must for any streetwear look. Not just for protecting your eyes, they make the rest of your outfit look cool and edgy too. Let your glasses do the talking as you unleash your inner retro.

Link to Product: https://myntr.it/MsnW8wW

• Coach Handbag

The crowning touch to your symphony of style is the Coach handbag. Carry your essentials in style. Its chic design and quality craftsmanship make it the perfect accessory to elevate your streetwear look. The combination of functionality and fashion ensures you’re ready for any urban adventure.

Link to Product: https://bitli.in/r7ky2bs

CONCLUSION

Streetwear entails more than just wearing clothes; it represents a way of life and attitude. It acts as a strong medium for audaciously expressing personality through clothing choices. One may create streetwear styles that make a bold statement while displaying individuality by incorporating pieces like oversized graphic t-shirts, wide-leg cargo pants, statement sneakers, retro sunglasses, and the iconic Coach purse. Mix and match these pieces with confidence, creating outfits that reflect your personality and attitude. Step out into the world with confidence, embrace the urban aesthetic, and let your streetwear style shine. Therefore, going out into the world with confidence enables us to fully embrace the urban style while exuding our particular streetwear flair.

Author: Kanchi Singh Rajput

The creation of costumes for Hindi films is a social process that involves independent tailors, menswear stores, fashion designers, stylists, and stores that sell theatrical supplies. Workers known as “dress guys” who look after costumes are positioned halfway between the set and the source (Weber, 2006:582). Weber (2006) conducted a study to investigate the effects of shifting filmmaking scenarios for the less important costume men. According to Weber, the film industry in India is poised to include more “professionalism” with higher funding and better technological aids as a result of the country’s economic liberalization in the 1990s. With an emphasis on the methods and abilities of film production, it is constructing a modern-day Bollywood. Since the beginning of cinema, the Dress wallahs have dominated the industry for a long time.

Like films from any other decade, Indian movies from the 1990s emphasized fashion. Long sleeves, sheer dupattas, and short blouses were all the rage in ethnic clothing throughout the first part of the 1990s. Crop tops, shorts, off-shoulder, halter necks, and denim overalls were popular during the second half of the decade as fashion became more restrained. Sportswear was a new fashion that was popularized by the films “Kuch Kuch Hota Hai” and “Dil To Pagal Hai,” and it has since been accepted as appropriate daytime attire. Some of the most recent western fashion trends in India that are still popular in this decade can be attributed to the 90s Bollywood fashion.

Film has taken on a significant role in portraying and promoting the new consumerism, just as the film industry has seen the effects of a changing economic environment. Although there have been calls for industry reform since at least the early 1990s (Prasad, 1998), the infrastructure necessary to change film funding, film production, and film marketing has only lately been put in place. In light of this, it is obvious that the decision to remake some movies was not made randomly. For instance, Devdas has been remade a lot, both in known and unacknowledged versions (Creekmur, 2007). However, Bhansali’s rendition debuted in theatres behind a robust marketing effort that solidified its place in the Devdas canon before the movie even started. similar can be said about Don in terms of its cinematic history, as well as Om Shanti Om, even though its debts were little more convoluted and, in fact, contentious.

“Alam Era,” the first Indian talkie, was produced in 1931. Essentially, it was a costume drama. This was jam-packed with fantastical and musical songs that were popular at the time. In 1931, a sound-equipped movie was released that captured the attention of many viewers for a protracted period of time. If we go back to the 1950s, Satyajit Ray’s Patther Panchali won numerous international prizes and captured Asia’s popular imagination. From 1974 to 1985, the output trend grew. As time goes on, Bollywood achieves success that has dominated the global market and has caught up to Hollywood.

Mughal-e Azam (Directed by K. Asif, 1960) is a prime example of a historical film, focusing on genre, fame, history, melodrama, elegy, history, and memory. While Mughal-e-Azam covers family history rather than social history, it places Mughal history in the context of the new nation, which is highlighted by the opening narration by India and the presentation of Muslim locations in India. The Great Mughal, Akbar (r. 1556–1605), is likely more well-known in India today for having stopped his son Salim, who would later become Emperor Jahangir, from falling in love with a dancing girl, than for any political achievements.

With a string of hit movies, including Bajrangi Bhaijaan (2015; approximately US$46.6 million), Dangal (2016; approximately US$196.89 million), Secret Superstar (2017; approximately US$124.4 million), and Andhadhun (2018; approximately US$47.9 million), China has emerged as Bollywood’s largest overseas market in recent years.

The unstitched draped sari, paired with the underskirt known as the petticoat and a short fitted blouse known by different names in different parts of India, is the most common outfit that defines the identity of the Indian woman over the world. The word “choli” is the one that describes the blouse most commonly. The other native names for the blouse include “Kuppas” or “Kupsa” from “Kurpasaka” in Karnataka, “Ravikalu” in Andhra Pradesh, and “Ravikkai” in Tamil Nadu. The sari and blouse are widely recognized as the Indian woman’s national attire. And so is this national attire has been used widely in Bollywood movies as well.

The changes in Indians’ lifestyle brought on by the globalisation of their economy may be reflected in the pricey clothing, designer brands, and vibrantly coloured garments. And lifestyle is broadly effected by the influence of Bollywood movies in the lives of Indian people. Movies truly did a remarkable increase in the demand for designer clothes & attires.

The powerful, charismatic female leads can engage in the superficiality of western culture as long as, at the end of the movie, she has changed into a subdued Indian girl. The most lavish costumes are typically seen in song and dance routines, despite the fact that young Bollywood heroines can now try on a range of identities. For the showy song and dance routines, many movies employ foreign (that is, western) dancers dressed in western garb. However, it is also more appropriate for the heroine to dress and act with the assertiveness of the classic vamp during these dancing moments, as displaying flesh is associated with deviant sexual interactions.

The Mumtaz Saree is one of the most iconic costumes in Bollywood and is currently a huge vintage favourite with ladies for theme dress-up. Who can forget the classic song “Aaj kal tere mere pyar ke charche har zuban par” from the movie Brahmchari, which was released in 1968. The Mumtaz Saree, which is three layers thick and is draped around the lower body, was created by none other than Bhanu Athaiyaa and emphasises the feminine body’s curves. This orange, form-fitting saree revolutionised the way women wear them. It wasn’t just a trend for people in the 1960s; today, women also wear this look to stand out, be emphasised as ageless, and impart an air of sophistication.

Movies and fashion are closely related. Without the other, neither can function. Whether making an action movie, musical, or period drama, our filmmakers frequently use clothes and distinctive ensembles to make their characters stand out. Female leads have changed the way the fashion landscape appeared throughout the years. Whether it was Deepika Padukone’s monochromatic golden look in Mastani or Sharmila Tagore’s small bikini in An Evening in Paris, the avatars adopted by our divas and divas in films have influenced several fashion revolutions throughout the years.

Bollywood and fashion are closely related. Actually, they both have had a significant impact on one another. Bollywood has always used dress to give its characters a unique personality, and it has always been the source of inspiration for various fashion trends, including anything from wedding apparel to everyday wear. The public has looked up to actors as role models for style and identity. Anarkalis are still popular because, while certain fashion trends are timeless, others have a tendency to come back every ten years. Trendsetters frequently travel back in time to resurrect classic concepts with a little contemporary flair. Bollywood has had a long-standing impact on fashion. The 1960s were characterised by vivid colours, winking eyeliners, and fringes, while the 1950s were characterised by dapper suits and sarees with pearl necklaces. Which is also now popular!

Actresses like Begum Para, Meena Kumari, Suraiya, and Nargis had an impact on fashion during the 1940s. Many people now think of these women as being fashion-forward for their era. Traditional apparel, including draped sarees, was still prevalent, but cropped shirts and wide-legged pants gained popularity. Although eyeliner techniques were more dramatic than in the previous decade, makeup was still straightforward. It was a time of minimalism and femininity. Due to growing globalization, western fashion patterns had some influence on 1950s Bollywood fashion. Onscreen, men appeared dressed in both Indian traditional garb and fitted clothes. Women typically kept their hair in tidy buns, and pearl jewelry was common. Wide-leg pants, sarees, and bell sleeves were also in style.

In retrospect, the Bollywood fashion of the 1980s appears flashy and excessive due to shoulder pads, hefty embellishments, and an excess of shiny colours. The decade is also remembered for ushering in translucent fabrics like chiffon, which helped popularise the sensual appearance. Sridevi’s gossamer saree in the blockbuster movie Mr. India was one of the most popular looks of the era. Leg warmers, statement red lipstick, and neon colours all gained popularity. The first generation of Indian fashion designers, including Rohit Khosla and Satya Paul, rose to prominence in the 1980s. In the 1990s, skirts replaced pants, and showing skin was no longer frowned upon. However, the saree remained popular, with Madhuri Dixit’s purple embroidered ensemble from Hum Aapke Hain Kaun standing out in particular.

In this decade, a lot of other things appeared alongside the internet. Offshore locales, large budget films, and NRI material all increased significantly. The decade was governed by Aishwarya Rai, Kareena Kapoor, and Priyanka Chopra, who wore clothing with dangerously short hemlines. It was the decade of bikinis, backless cholis, miniskirts, and crop tops. The decade saw an eclectic mix of ethnic and western styles since characters were given specific “looks” rather than the actors who were portraying them. While Kareena as Poo in “Kabhi Khushi Kabhie Gham” is still relevant, and who can forget desi girl and her vibe Priyanka Chopra from “Dostana” with the bikinis and smart clothing, Aishwarya looked gorgeous in desi clothes in both “Mohabbatein” and “Devdas.”

Sarees first gained popularity in the 1980s. On the periphery, there were flashes of western attire. Making movies abroad was the way to go if you wanted to create a blockbuster. The movie was a success thanks to designer sarees and top-notch music. In Silsila (1981), the legendary diva Rekha had a stunning appearance. Many of Sridevi Kapoor’s admirers were captivated by her beautiful chiffon sarees. One of Bollywood’s spectacular and well-known wet saree sequences was included in the song “Kaate Nahi Kat Te” from the movie Mr. India (1987). Sridevi was seen singing and dancing in the downpour while wearing a blue chiffon sari. In the 1980s, western clothing began to replace sarees.

Sujata Assomull takes her readers on a journey through the lengthy history of the partnership between fashion and Bollywood in her book 100 Iconic Bollywood Costumes. Manish Malhotra’s preface gives us a glimpse of the enormous influence that costume design has on influencing moviegoers’ creative imaginations. The remainder of the book supports Malhotra’s assertion. This book travels over 70 years of Bollywood costumes to show how the Film Industry’s aesthetic has changed throughout the years, beginning in the 1950s and finishing in the 2010s.

Bollywood adopted fashion decades ago. We’ve seen how former actors and actresses from the 1950s looked good in black and white films, despite the fact that every colour they wore was imperceptibly obscured by the contrast. Even back then, the fashion-conscious film industry had excellent judgement when it came to dressing the starring females. Actresses like Madhubala, Nargis, Sadhna, Saira Bano, Sharmila Tagore, and Hema Malini set fashion trends, and we still look for the same styles they wore decades ago. What goes around, comes around in the fashion world. The 1960s look has frequently undergone revisions.

Many people believe that the 1980s—more specifically, the later 1980s—were the worst for Bollywood fashion. Only a few of the decade’s fashion trends included padded shoulders, metallic everything (from detailing to makeup, absolutely everything was metallic), and bling-y, big accessories. In the earlier years, the 1990s were all about large puffy sleeves, huge puffy skirts, and big puffy hair. However, things began to calm down in the second half of the decade, when crop tops, midi skirts, and denim overalls emerged as hot trends. Sportswear became acceptable as informal daytime apparel thanks to cult films like “Kuch Kuch Hota Hai” and “Dil Toh Pagal Hai.”

This decade has seen the emergence of vivid fashion statements, from short-shorts or skirts to strapless gowns. These days, mini dresses, blouses, and crops tops with vivid prints are highly popular. While bohemian dresses and stylish Bollywood tops with a holiday mood became popular thanks to films like Zindagi Na Milegi Dobara, which were designed with the woman who travels alone in mind, people like P.K. showcased the wardrobe of business women.

References –

• Mistry M, Mundkur S. Costume Designing for Hollywood and Bollywood, pp100-106. Coimbatore: Textiles and Fashion Research and Reviews; 2015.
• Mittal R, Jain B, Dr. Mogra D. Study on denim as a fashion inspiration in Bollywood, volume 5. Issue 6. Ahmedabad. Journal of Emerging Technologies and Innovative Research. 2018
• Clare M. Wilkinson-Weber. A Need for Redress: Costume in Some Recent Hindi Film Remakes. Bioscope 1-2. 125–145. Los Angeles, London, New Delhi, Singapore, Washington DC. SAGE Publications; 2010
• Juni sher M. Impact of Bollywood movies on cultural transformation among Pakistani youth in University of Sargodha’s students, Sargodha. Vol 1. Issue 9. Page 112.Pakistan. International journal of research (IJR); October 2014
• Dwyer R. Bollywood’s India: Hindi Cinema as a guide to modern India. 41:3, 387-388. Asian Affairs. 2010
• Hong Y. The power of Bollywood: A study on opportunities, challenges, and audiences’ perceptions of Indian cinema in China. 6(3). Page 348. Global Media and China. Sage Publications; 2021
• Sood K R, Dr. Pant S. The influence of Hindi cinema on the sari blouse. Volume 25, Issue 1, Series. 10. New Delhi. Rajasthan. IOSR Journal of Humanities and Social Science (IOSR-JHSS). 2020
• Goswami M P. Bollywood Film Posters: A Study of Changing Trends. Vol. 6 Year 3. 83. Journal of Content, Community & Communication. Amity University; Madhya Pradesh. 2017
• Strubel J, Josiam B M. Renegotiating gender through dress in Bollywood: The new Indian woman. Volume 3 Number 3. 317. Fashion Style & Popular Culture. Research gate publications. 2016
• Kelkar K. Bollywood Costumes & Its Commercialization. Vol 14, Issue 02. 3612. International Journal of Early Childhood Special Education (INT-JECSE). Raipur. 2022
• 2021 F, 2021 J, 2020 D, 2020 N, 2020 O, 2020 S et al. [Internet]. filmfare.com. 2022 [cited 24 August 2022]. Available from: https://www.filmfare.com/features/20-most-iconic-looks-from-bollywood-movies-40334-1
• Team S. 29 Bollywood Movies that Changed Indian Fashion – Stylecaret.com [Internet]. Latest Fashion News, New Trends. 2022 [cited 24 August 2022]. Available from: https://stylecaret.com/blog/29-bollywood-movies-changed-indian-fashion
• Sutori [Internet]. Sutori.com. 2022 [cited 24 August 2022]. Available from: https://www.sutori.com/en/story/history-of-bollywood-fashion
• [Internet]. 2022 [cited 24 August 2022]. Available from: https://theculturetrip.com/asia/india/articles/bollywood-fashion-through-the-ages
• 2022. Evolution of fashion in India through Bollywood’s leading actresses: India Independence Day Special. [online] Available at: <https://www.wionews.com/photos/evolution-of-fashion-in-india-through-bollywoods-leading-actresses-india-independence-day-special-405379#the-2000s-bollywood-fashion-405355>
• Shah, B., 2022. The Evolution of Bollywood Fashion from Sarees to Dresses. [online] DESIblitz. Available at: <https://www.desiblitz.com/content/the-evolution-of-bollywood-fashion-from-sarees-to-dresses> https://www.desiblitz.com/content/the-evolution-of-bollywood-fashion-from-sarees-to-dresses
• assomull, s., 2022. 100 Iconic Bollywood Costumes – Roli Books – Home. [online] Rolibooks.com. Available at: <https://rolibooks.com/100-iconic-bollywood-costumes/ [online] Available at: <https://www.fashionlady.in/celebrating-100-years-of-bollywood-fashion/628>
• Team, S., 2022. Bollywood Fashion Over The Years – StyleCracker. [online] StyleCracker. Available at: <https://www.stylecracker.com/blog/bollywood-fashion-over-the-years/>
• Shilpa Ahuja. 2022. Indian Bollywood Fashion Through Decades: 1960s To Present. [online] Available at: <https://shilpaahuja.com/indian-bollywood-fashion-through-decades-1960s-to-present/>

This shift takes place within a legal framework, intricately composed of consumer protection statutes, e-commerce regulations, and industry best practices. Addressing issues such as product liability, disclosure requirements, and the delicate task of managing damaged or returned items presents an array of distinctive challenges within this multifaceted regulatory milieu. Let us now dive into the critical elements that sustain the thriving ecosystem of fashion rentals.

Rental Agreements:

The rise of fashion rentals has democratized high-end fashion, allowing everyone to play dress-up with designer labels. But beneath the borrowed glamour lies a crucial question: can you trust what you rent? Rental agreements, the unsung heroes of this ephemeral world, provide the foundation for transparency and build trust between providers and customers.

Rental agreements fulfil a dual role: they guarantee transparency while also serving as protective measures. These thoroughly crafted agreements establish expectations, prevent conflicts, and guide fair resolutions during disputes. In case of mishaps, they define liability parameters, protecting both providers and customers. Drafting these agreements requires legal finesse, addressing contract and intellectual property rights with precision. Ambiguities are eliminated, replaced with clear language covering dispute resolution, termination clauses, and punitive measures, all seamlessly integrated for a smooth process.

Liability and Damages:

For the fashion rental revolution to flourish, there must be a clear outlining of responsibilities regarding rented garments. This is where rental agreements assume paramount importance, explaining scenarios and attributing obligations to both providers and customers.

The concept of wear and tear, the natural consequence of an item’s journey through time, must be carefully defined. Agreements should articulate when standard wear is permissible—such as the gentle worn appearance on a denim jacket—and when compensation for substantial damage, like a tear in the fabric of an exquisite saree, becomes a necessity. Clarifying mutual responsibilities for cleaning and maintenance, including costs associated with dry cleaning or rudimentary stain removal, mitigates potential disputes and emphasizes the shared custodianship of borrowed garments.

A proactive approach entails the inclusion of insurance and liability coverage within the agreement, serving as a financial safeguard for both parties. This provision acts as a barrier against unforeseen mishaps, be it an inadvertent spill or an unaccounted loss. By explicitly addressing these aspects, trust between customers and providers is not only fortified but also bolsters the industry’s reputation and long-term viability.

Intellectual Property (IP) and Consumer Rights in Fashion Rentals:

A strict adherence of intellectual property rights (IPR) laws, with a particular emphasis on trade mark regulations, is of paramount importance. These laws are crafted to shield brand identities and trade marks, obliging fashion rental businesses to exhibit the utmost respect for the trade marks of fashion houses and designers when offering their garments for rent. 

Consider the “Chanel v. The RealReal” case, where Chanel, initiated legal proceedings in the United States against The RealReal, an online luxury consignment platform, alleging that The RealReal was selling counterfeit Chanel products and making false claims about the authenticity of Chanel products. This case demonstrates the imperative of strict adherence to trade mark laws, thorough verification of product authenticity, the acquisition of requisite permissions or licenses, and a strong commitment to refraining from the unauthorized use of trade marks or logos. Moreover, other facets of IPR laws, including those governing copyright and design, may exert influence over fashion items. 

Yet, the sphere of responsibility encompasses more than just IPR protection. An intimate understanding of and adherence to consumer rights are equally useful. Clearly laid-out return policies, transparent refund processes, and accessible mechanisms for dispute resolution, along with educating consumers about their rights and obligations, foster a relationship of trust and cooperation for a favourable consumer experience.

Building trust is the cornerstone of a successful fashion rental industry. By prioritizing legal clarity and ethical sourcing, Indian rental platforms can cultivate a loyal customer base and lay the groundwork for India’s thriving fashion rental industry.

By prioritizing legal acumen and embracing ethical norms, fashion rental enterprises can ensure the success and longevity of the industry, cultivating consumer trust and charting a responsible and enduring path for the fashion rental renaissance in India.