Fashion News – Fashion Law Journal https://fashionlawjournal.com Fashion Law and Industry Insights Tue, 16 Apr 2024 10:29:31 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.3 https://fashionlawjournal.com/wp-content/uploads/2022/03/cropped-fashion-law-32x32.png Fashion News – Fashion Law Journal https://fashionlawjournal.com 32 32 G-SHOCK Launches its First Exclusive Store in New Delhi, Unravelling Trends Across India’s Capital City https://fashionlawjournal.com/g-shock-launches-its-first-exclusive-store-in-new-delhi-unravelling-trends-across-indias-capital-city/ https://fashionlawjournal.com/g-shock-launches-its-first-exclusive-store-in-new-delhi-unravelling-trends-across-indias-capital-city/#respond Wed, 10 Apr 2024 10:25:37 +0000 https://fashionlawjournal.com/?p=7965 Casio Computer Co. Ltd, headquartered in Japan and the parent company of Casio India is proud to announce the launch of its first Exclusive G-SHOCK Store in New Delhi, marking the sixth addition to its exclusive store network across the country. With this latest addition, Casio & G-SHOCK now boast a total of 61 Exclusive stores across India, reaffirming the brand’s dedication to providing unmatched experiences for its customers nationwide.

Nestled in the lively neighbourhood of Pacific Mall Subhash Nagar, this new G-SHOCK Exclusive Store is set to become a cornerstone of horological excellence in the heart of the capital city. Set to open its doors to fashion and streetwear enthusiasts and watch connoisseurs alike on the 10th of April, this exclusive G-SHOCK store promises an immersive experience, dedicated to showcasing the diverse product portfolio.

Boasting an extensive line-up of G-SHOCK’s iconic men’s and women’s range, this store is a haven for anyone who appreciates its rugged elegance and precision engineering. Central to the store’s offerings are G-SHOCK’s masterpiece series, including the legendary 5600 and 2100 series, alongside a curated selection of the latest drops and coveted limited-edition timepieces. From rugged functionality to cutting-edge design, each G-SHOCK timepiece embodies the brand’s ethos of innovation, durability, and style.

Speaking about the launch, Mr. Hideki Imai, Managing Director, Casio India said, “We are thrilled to unveil our first Exclusive G-SHOCK Store in New Delhi, a city well-known for authentic style, creative expression, and diverse culture. With the launch of this store, we are excited to bring our latest drops and a curated G-SHOCK range to the Delhi audiences. With superior craftsmanship and differentiated designs, G-SHOCK timepieces offer a compelling choice that resonate with the dynamic tastes and preferences of today’s audience. We look forward to welcoming our customers to our new store at Pacific Mall, Subhash Nagar.”

Located at IK/1F/12, 1st Floor, Pacific Mall, Tagore Garden, New Delhi – 110027, the brand invites visitors to explore its newly curated space, where every corner embodies the ethos of ‘Absolute Toughness’ and celebrates the passion and creative expression of individuals from the realms of fashion, sports, art, music, and beyond. The store is operational from 10:30 AM to 09:30 PM on all days of the week.

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Meta and Christian Louboutin join forces Against Counterfeiting Operation on Meta and Instagram https://fashionlawjournal.com/meta-and-christian-louboutin-join-forces-against-counterfeiting-operation-on-meta-and-instagram/ https://fashionlawjournal.com/meta-and-christian-louboutin-join-forces-against-counterfeiting-operation-on-meta-and-instagram/#respond Fri, 17 Nov 2023 18:07:22 +0000 https://fashionlawjournal.com/?p=7673 Meta Platforms, Inc. (“Meta”) and Christian Louboutin S.A.S. (“Louboutin”) have taken decisive legal action against Cesar Octavio Guerrero Alejo, a resident of Culiacán, Sinaloa, Mexico, who has been operating an extensive counterfeiting operation on Facebook and Instagram. The joint lawsuit, filed in the United States District Court for the Northern District of California, alleges serious breaches of Meta’s terms and willful infringement of Christian Louboutin’s intellectual property rights.

Background:

Since at least June 2020, Guerrero Alejo has exploited digital platforms, primarily Facebook and Instagram, to promote and sell counterfeit Christian Louboutin products. This illicit operation continued until at least May 2023, violating Meta’s Terms of Service and Instagram’s Terms of Use. Despite Meta’s enforcement efforts, Guerrero Alejo persisted in using the platforms to sell counterfeit goods and unauthorized use of Louboutin’s registered trademarks.

Defendant’s Alleged Acts:

The complaint outlines multiple violations by Guerrero Alejo, including breaching Meta’s contracts, violating federal statutes (15 U.S.C. § 1125(a) and (c), and 15 U.S.C. § 1114), engaging in unfair competition under California law (Cal. Bus. & Professions Code §§ 17200), and common law infringement and unfair competition in the State of California.

Guerrero Alejo’s actions include the willful infringement of Louboutin’s marks through false designation of origin, dilution, and the promotion, advertising, and sale of counterfeit merchandise. These acts not only undermine the integrity of Meta’s platforms but also damage the reputation and exclusivity of the globally recognized Christian Louboutin brand.

The plaintiffs seek a comprehensive judgment against Guerrero Alejo, including a permanent injunction restraining him and affiliated parties from accessing Meta’s services, creating or maintaining accounts violating the terms, and engaging in activities that contravene the terms. The injunction also prohibits the use of Louboutin marks or any similar marks in connection with products, services, advertising, marketing, or on social media.

The legal action further requires Guerrero Alejo to destroy remaining inventory and submit a detailed compliance report. The plaintiffs are seeking various forms of relief, including restitution, disgorgement, treble damages, costs, reasonable attorneys’ fees, investigators’ fees, pre-judgment interest, and any other relief deemed just and proper by the Court.

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Sustainable Clothing Brand By Alia Bhatt, Ed-a-Mamma being acquired by Reliance? https://fashionlawjournal.com/sustainable-clothing-brand-by-alia-bhatt-ed-a-mamma-being-acquired-by-reliance/ Mon, 17 Jul 2023 13:20:11 +0000 https://fashionlawjournal.com/?p=7315 Introduction:

Within the dynamic realm of the fashion industry, the concept of sustainability has emerged as a prominent catalyst for transformative shifts. Alia Bhatt, a versatile Indian actress and entrepreneur, identified this requirement and ventured into the domain of sustainable clothing through her brand, Ed-a-mamma. Ed-a-mamma has garnered significant attention in the fashion industry due to its steadfast dedication to ethical fashion practises and environmental sustainability. The recent announcement regarding Reliance Industries’ acquisition of the brand solidifies its standing as a significant player in the realm of sustainable fashion.

Ed-a-mamma is notable for its steadfast dedication to incorporating sustainable practises across its entire supply chain. The brand places significant emphasis on the utilisation of natural and organic materials, thereby guaranteeing that each garment manufactured possesses a minimal ecological footprint. Ed-a-mamma places emphasis on utilising materials that are devoid of detrimental chemicals, pesticides, and synthetic dyes, ranging from organic cotton to pioneering eco-friendly fabrics.

In conjunction with the selection of materials, Ed-a-mamma places emphasis on the implementation of ethical manufacturing practises. The brand actively promotes fair wages and safe working conditions for its employees, thereby demonstrating a commitment to supporting the well-being and livelihoods of its workforce. Ed-a-mamma endeavours to generate a favourable social and environmental influence through the adoption of sustainable practises.

Reliance Acquisition:

The recent news of Reliance Industries acquiring Ed-a-mamma has generated excitement and curiosity within the fashion industry. Reliance Industries, a conglomerate known for its diverse business portfolio, including retail and textiles, recognized the growing demand for sustainable fashion and the potential of Ed-a-mamma to lead the way. The acquisition aligns with Reliance’s commitment to expanding its presence in the sustainable fashion sector and catering to the evolving preferences of conscious consumers. Words on the street and by executives from deal are that the acquisition is for 300-350cr. The papers shall be signed in a week or so to formalise the deal. 

The Future of Ed-a-mamma:

Under Reliance’s wing, Ed-a-mamma is expected to witness accelerated growth and increased market reach. The synergy between Reliance’s vast resources and Ed-a-mamma’s sustainable fashion expertise is poised to take the brand to new heights. With Reliance’s extensive retail network and distribution channels, Ed-a-mamma can reach a wider audience, spreading awareness about sustainable clothing and making it more accessible.

Ed-a-mamma, spearheaded by Alia Bhatt, has emerged as a beacon of sustainability in the fashion industry. Its commitment to ethical practices, use of eco-friendly materials, and focus on fair manufacturing processes make it a shining example for other brands to follow. With this collaboration, we can expect Ed-a-mamma to continue its mission of promoting conscious consumption and inspiring positive change within the fashion industry.

Author: Shruti Gala

Edited by: Apoorva Mehta

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Billie Eilish’s Fashion Evolution: Embracing Individuality and Defying Stereotypes https://fashionlawjournal.com/billie-eilishs-fashion-evolution-embracing-individuality-and-defying-stereotypes/ Wed, 31 May 2023 07:44:43 +0000 https://fashionlawjournal.com/?p=7097 Introduction

Few musicians and pop culture figures have captivated the interest and imagination of millions the way Billie Eilish has. Beyond her captivating vocals and thought-provoking lyrics, Eilish has established herself as a major fashion icon. Her distinctive sense of style, which is characterised by large clothing and vibrant colours, has generated discussions and disputes and frequently casts a shadow over her artistic ability. But it’s important to understand that Eilish’s fashion development represents more than just a shift in wardrobe. It represents the larger fight for women’s sovereignty as well as the pressing necessity to allow people—especially women—to dress however they like without hindrance or judgement.

The Start of a Style Statement

In addition to her beautiful vocals, Billie Eilish grabbed audiences when she first entered the music industry with her unique sense of style. She made it obvious from the start that she had no interest in living up to the standards set by the business for what a young female artist should wear. She chose to embrace baggy clothes as a way to exhibit her individuality instead, sending a strong statement about the value of individual expression over social conventions.

Eilish’s choice to dress in baggy clothing drew both support and criticism. Some praised her for defying societal expectations of beauty and fighting the music industry’s hyper sexualization of young women. Others, however, questioned her decision, claiming that it concealed her femininity or reinforced negative preconceptions. However, isn’t that the key? Eilish’s fashion rebellion was never about conforming to social norms of femininity or winning favour with people; rather, it was about taking back control of her body and constructing an environment where she felt confident and at ease.

The Experimentation and Evolution

Billie Eilish’s dress choices have undergone an intriguing development in recent years. While maintaining her distinctive baggy aesthetic, she has also explored new ground by experimenting with various looks, hues, and forms. Eilish’s shifting style, which ranges from vivid hair colours to form-fitting corsets, is a reflection of her artistic development and the study of her complex identity. This experimenting serves as a reminder that personal style should be flexible and always changing, enabling people to express themselves honestly.

Women’s Autonomy and Right to Choose

Billie Eilish’s fashion journey not only showcases her evolving style but also carries a profound message about women’s autonomy and the right to choose. For far too long, women have faced societal pressures and expectations regarding their appearance. Whether it’s conforming to rigid beauty standards or facing unwarranted scrutiny, women’s bodies have been unfairly subjected to external evaluation. But Eilish’s fashion rebellion boldly challenges these norms. She reminds us that women should have the freedom to dress as they please, without fear of judgment or backlash. The right to choose what to wear is a fundamental aspect of personal freedom, and it should be extended to all individuals, regardless of their gender. By breaking free from stereotypes and embracing her unique style, Eilish empowers future generations of women to embrace their individuality, reject societal expectations, and celebrate their own authentic expressions. Through her fashion choices, she becomes a symbol of liberation, inspiring us all to let women wear what they want and truly be themselves.

Empowering Future Generations

The impact of Billie Eilish goes far beyond her taste in music and clothing. Numerous young people all across the world have found inspiration in her outspoken style of self-expression, which has given them the confidence to embrace their uniqueness and defy social norms. Eilish has become a sympathetic figure by being candid about her challenges with body image and mental health. This has encouraged others to embrace their flaws and embrace what makes them special.

Conclusion

Billie Eilish’s changing sense of style represents a shift towards uniqueness, acceptance, and the empowerment of women . It acts as a strong reminder that fashion is about more than just trends and aesthetics; it is also a means of self-expression and individuality. Let’s not lose sight of the fact that the fight for women’s autonomy over their bodies and choices is still very much alive, and that the first step in that fight is to embrace and celebrate the variety of fashion manifestations. As we continue to adore and debate the ever-changing fashion of musicians like Billie Eilish, let’s also fight for a culture that upholds and welcomes everyone’s right—especially women’s—to dress however they like without hindrance or judgement.

 

Author: Shruti Gala

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Louis Vuitton accuses Peruvian citizen of Counterfeiting https://fashionlawjournal.com/louis-vuitton-accuses-peruvian-citizen-of-counterfeiting/ https://fashionlawjournal.com/louis-vuitton-accuses-peruvian-citizen-of-counterfeiting/#respond Mon, 12 Dec 2022 09:05:44 +0000 https://fashionlawjournal.com/?p=3786 According to the Vogue Business Index: Summer 2022[1], this year Louis Vuitton has regained the top spot in the ranking and has positioned itself as one of the most successful industry leaders. Apart from being the luxury brand with the highest sales figures in the world, few brands can rival the French Maison’s combined levels of prestige and buzz in the eyes of consumers.

Nonetheless, a controversy regarding the company recently emerged in Peru. Even though a Peruvian citizen legally bought products in one of the luxury brand’s flagship stores, he ended up being indicted by the company and accused of buying counterfeit goods.

Louis Vuitton v. Walter Gutiérrez (Exp. Nº 879697-2021/DSD)

Walter Jacobo Gutiérrez, a Peruvian citizen, was accused of having illegally bought counterfeit goods depicting trademarks from a famous luxury brand, with the intention of selling them.

On November 2020, Walter arrived in Lima from New York and he was intervened by the airport authorities, who after checking his luggage, retained some items. Among the seized products, the authorities found: two pairs of sandals, three pairs of women’s sneakers, and two pairs of men’s shoes[2]; all showcasing various trademarks in regard to the “Louis Vuitton” brand.

Image Source

Upon becoming aware of the facts, the Louis Vuitton company did not hesitate to take legal action against Mr. Gutiérrez, due to the fact that at first glance, the items appeared to be counterfeited goods meant for commercialization. As a consequence, the company presented a trademark infringement claim to the corresponding authority (INDECOPI)[3].

During the proceeding, Mr. Gutiérrez denied that the products were imitations and affirmed that thanks to his high income, he is able to constantly travel to the US, which allowed him access to products from prestigious international brands as well as being able to afford original Louis Vuitton products.

Likewise, he denied being a counterfeit seller in Peru, since he bought different kinds of items as gifts for his relatives. Also, Mr. Gutiérrez requested Louis Vuitton to check the serial number of the shoes in its database, so as to prove the authenticity of the products. Even though he did not keep the original payment slips, he defended himself arguing that not keeping them does not imply that he is an importer of counterfeit footwear.

On the other hand, the French Maison alleged that the Peruvian citizen had imported shoes that reproduced “similar signs to our notoriously trademarked brands, without any authorization”, according to the Resolution Nº 0595-2022/TPI-Indecopi[4]. In addition to it, they mentioned that the burden of proof relied on Mr. Gutiérrez, so he should be the one to present receipts to support his claims (Resolution Nº 0595-2022/TPI-Indecopi, p. 6).

In the first instance, INDECOPI ruled that since Mr. Gutiérrez did not present any evidence that proves he actually bought the goods in a Louis Vuitton-authorized store, he was declared guilty and was sanctioned with a fine amounting to US$ 4,700.00 approximately.

 

Mr. Gutiérrez filed an appeal

However, Mr. Gutiérrez alleged that the previous resolution tarnished his honor and reputation, so he filed an appeal. In the second instance, he presented evidence that showed that he actually bought the items at the Louis Vuitton flagship store located on the iconic 5th Avenue in New York.

Image: Resolution Nº 0595-2022/TPI-Indecopi, p.13.

 

As a result, the brand decided not to issue any pronouncement and a couple of days later, they presented a motion to withdraw the proceeding, which Mr. Gutiérrez agreed on.

 

Louis Vuitton presented a lawsuit against INDECOPI

Nevertheless, this legal controversy is not finished yet. The company questioned the second instance resolution issued by the specialized intellectual property chamber that favored the Peruvian citizen and presented a lawsuit against INDECOPI[5].

According to the legal defense of Louis Vuitton, INDECOPI violated the principle of legality, since, in the second instance, INDECOPI ruled on the merits of the case, despite the withdrawal of the company, which should conclude the proceeding in advance and prevent it from being resolved on the merits of the case.

While in its resolution, INDECOPI ruled on the case’s merits to justify the payment of costs (the expenses that arose during the administrative proceeding) and legal fees; the company affirms that attributing that payment in favor of Mr. Gutiérrez contravenes the legality principle.

On the other hand, according to La República[6], in one of the media appearances of Mr. Gutiérrez, he affirmed that the luxury brand has still not apologized to him and through the lawsuit, they are expecting to revert the mandate to compensate him for the legal fees and costs. Furthermore, as of today, 2 years later, Mr. Gutiérrez has not received the products that were confiscated at the Lima airport, despite the fact that it has been proven that the items are original and were purchased in an official store of the brand in the United States.

 

References:

[1] https://www.voguebusiness.com/companies/louis-vuitton-reclaims-top-spot-in-vogue-business-index

[2] https://laley.pe/art/13926/louis-vuitton-denuncio-peruano-error-confundir-calzados-imitaciones-productos-bamba

[3] In Peru, Indecopi is the national authority competent to deal with Intellectual Property, and, in order to properly implement such duties, Indecopi counts with three Directorates: the Directorate of Copyrights, the Directorate of Patents and New Technologies, and the Directorate of Distinctive Signs. (https://repositorio.indecopi.gob.pe/bitstream/handle/11724/5566/intellectual_property.pdf)

[4] https://es.scribd.com/document/589969866/Louis-Vuitton-confunde-sus-propios-calzados-con-imitaciones-y-denuncia-a-peruano-Resolucion-0595-2022TPI-Indecopi-Laley-pe

[5] https://www.scribd.com/document/606850573/Louis-Vuitton-demando-a-Indecopi-por-resolver-a-favor-de-peruano-al-que-sindicaron-falsamente-de-importar-productos-bamba-de-EE-UU

[6] https://larepublica.pe/datos-lr/respuestas/2022/11/12/louis-vuitton-quien-es-walter-jacobo-gutierrez-el-peruano-que-fue-denunciado-por-la-marca-de-lujo-y-le-gano-el-juicio-louis-vuitton-peru-evat/

 

 

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Hi(S)Jab – Her Arab Spring https://fashionlawjournal.com/hisjab-her-arab-spring/ https://fashionlawjournal.com/hisjab-her-arab-spring/#respond Fri, 09 Dec 2022 08:24:04 +0000 https://fashionlawjournal.com/?p=3768 IRAN BEFORE THE ANTI- HIJAB REVLOTION 

In 1936, under the rule of Reza Khan, women were forcefully ordered to unveil. This had a negative impact as being unveiled or not wearing hijab was a sensitive issue in a conservative society. It went against the religious beliefs and teachings of Quran. This was considered as a step that was taken for modernization and liberalization of women in Iran. However, this step had a negative impact on the girls and women who came from conservative families and they wore the hijab despite the orders given. Women who decided to wear the hijab were subjected to cruelty, the conservative families stopped the girls from going to school and they were deprived of education. The mosques focused on how important it was for the Muslim women to do their hijab. Hijab has been a political issue ever since the Pahlavi regime in Iran. 

Later under the rule of Reza Khan’s son it was the women’s choice and they could decide whether or not to wear the hijab. But this again caused problems as people believed that westernization of Iran was against the Islamic ethics. It was true that westernization gave the women a certain amount of freedom like access to higher studies, better job opportunities, western clothing. Some of them wore the hijab while the others wore miniskirts or what was in fashion. We could see both traditional and western clothing in the streets of Iran. There was no pressure from the government to veil or unveil and it was left to the women to dress according to their choice and comfort. 

THE REVOLUTION ERA 

When the new Islamic government had come into power they had veiling compulsory. They had not only made veiling compulsory but had also specific ways as to how it had to be draped. Iran has a morality patrol that arrests women who fails veil. In 2003-2013, 30,000 women were arrested because they wore the hijab in an improper way

The laws in Iran have always been discriminatory towards the woman. Article 638 of the Islamic penal code states that any women appearing in a public place without a hijab will be subjected to 10 days – two months of imprisonment and fine. Lately the women in Iran are challenging and standing up to the hijab rules made by the government. In 2017, a White Wednesdays campaign began where women wore a white colored veil or other forms of clothing and protested against the mandatory hijab rule. Later, towards the end of the year women removed their hijab publicly during the protest which went viral worldwide. After this the Police Chief announced that anyone who instigates the other women to take off their hijab will be subjected to 10 years of imprisonment and will be tried for inciting prostitution according to Article 639 of Islamic Penal code. 

President Ebrahim Raisi enforced stringent hijab rules which included severe regulations for women. They had to do complete hijab (cover their neck and shoulders along with their hair) and if they failed to this their entry in workplaces, banks, government offices was restricted. The morality police was asked to keep an eye on women. A 28 year old women was arrested and beaten, they later broadcasted her apologizing while her face was bruised. 

The current protest in Iran 

Mahsa, a 22 year old women was arrested on 13th September 2022 on the grounds for improper hijab. The Morality police had informed her brother that she was detained for providing an educational class. However, the eyewitness stated that she was hurled into a van where they thrashed her. Two hours later the morality police informed her brother that she suffered from a heart attack and was taken to the hospital. She passed away on 16th September. Her brother visited her and noticed that her face was swollen and she had black and blue bruises. This incident caused a rage among the people in Iran as a result to which the protest began. Thousands of women are chanting slogans like “women, life, freedom”, “Death to the dictator”. Some of them are publicly removing and burning their hijab and even cutting their hair. 

There have been further reports of the women protesters losing their lives in the midst of the 2022 repression on the unrest. Nika Shakarami, a 16 year old, went missing, ten days post the protesting in Tehran on September 20th, 2022. She was found later with her nose mangled and her skull severed. Her corpse was then stolen by the forces, forbidding her family from holding a funeral. Hadis Najafi, a 22 year old, was yet another protestor who was shot in the head and neck by the security forces in Karaj which lead to her death on September 21st. About 133 people have died since the commencement of the mass protest. The regime has also faced internet blackouts. Even people from other countries such as Paris, Los Angeles and Toronto assembled after Amini’s death to support the women’s movement in Iran. 

This movement is a fight for freedom, freedom of choice and expression. It is not a fight against the religious practices but a fight against the government that is using a religious practice to oppress the women and using it as political tool. A reductionist approach by calling it a hijab issue is a gross injustice to the larger problem. The problem that transcends boundaries, religion and human rights needs a far more holistic approach not just by institutions and governments but by human kind at large. As the famous Buddhist monk Thich Nhat Hanh said “the longest journey a mankind must take is the 18 inches from his brain to his heart.” A revolution in our thinking is the solution to the problem. 

REFERENCE 

  1. Faegheh Shirazi, (1 August 2019), The Veiling Issue in 20th Century Iran in Fashion and Society, Religion, and Government
  2. https://www.globalcitizen.org
  3. https://www.unitedagainstnucleariran.com

Author: Hridya Nambiar

]]> https://fashionlawjournal.com/hisjab-her-arab-spring/feed/ 0 13th Milan Chamber of Arbitration Annual Conference discusses Role & Potential of Arbitration in Fashion https://fashionlawjournal.com/13th-milan-chamber-of-arbitration-annual-conference-discusses-role-potential-of-arbitration-in-fashion/ https://fashionlawjournal.com/13th-milan-chamber-of-arbitration-annual-conference-discusses-role-potential-of-arbitration-in-fashion/#respond Mon, 28 Nov 2022 11:14:22 +0000 https://fashionlawjournal.com/?p=3757 Milan Chamber of Arbitration organised their 13th Annual Conference on theme ‘Devil wears Arbitration: Litigating in the Fashion Industry’. In the last few years, fashion disputes have risen and it is now clear that it is important to focus on the specific sector of fashion luxury market. Milan is the core capital of fashion. In particular the fashion turnover of the country is over 86 billions and over 50% is concentrated in Milan. According to the Camera Arbitrale, Milan is always trying to explore and specialise, also in arbitration matters (starting from IP and so on). With this Conference, CAM wants to explore the potentiality of arbitration in fashion and how arbitration could be a new resource for fashion law.

Anuj Kumar, Founder & Editor-in-chief at Fashion Law Journal on behalf of the organisation lauds the initiative of CAM for choosing this topic with a great panel of experts. The speakers from industry shared their practical experiences and insights with the participants. Here’s the summary of Conference sessions:

I session: Litigating in the fashion industry: why arbitration is a good idea? With Luca Chiama (Legal Director, Prada Group) and Elisabeth Vestin (Partner, Hannes Snellman)

The fashion industry has an international scope so it is frequent to face cross-border disputes. That’s why most of the contracts, in fashion, are standardised, so the clauses affixed are almost the same. In addition, fashion is always moving: brands are constantly embracing new opportunities, taking advantage of digitalization, metaverse, NFTs… and this makes so important to find flexible solutions. In particular in fashion luxury business, brand reputation and image are really important, so confidentiality becomes a plus.

According to Elisabeth Vestin, internationalisation in the fashion sector doesn’t came at the beginning, but it is a process and this means it takes time. Fashion has always been focused on the products (clothes, accessories, etc), but now fashion is expanding: restaurants, venues etc. Therefore fashion has grown a lot. What is really important is the message, the prestige, the exclusivity. Regarding fashion law, it is principally about IP: it works with the brand, with creators, and for the products. But, actually, it is so much more than that. As a legal you have to face with supply chain (that could be in-house – for largest businesses – or in other countries – for the smallest-), reselling, digitalization, service providers, etc. This evolution involves the enlargement of different fashion law areas, not only the IP one.

Luca Chiama, from Prada, says that it is important to know what kind of relationship a legal has to regulate and in which type of sector. The luxury industry has specific characteristics, totally different from any other. So you have to think: “What is the interest you want to protect? Do you need a confidentiality clause? Etc” That’s how you can decide the clauses in different types of contracts. By the way it is difficult to standardise all the clauses, because every agreement is different. In every contract and every arbitration it is possible to cover the strongest position or the weakest one and that’s why you have to consider the counterpart rights and duties.

Arbitration could be a good opportunity, also for smaller brands, because it is super effective and rapid. Frequently, arbitration clauses are not included because of procedural costs. However, if we consider the duration of a court proceedings and its cost in the long time, arbitration becomes the best solution.

 

II session: Most common topics between trademark issues and distribution agreements: can arbitration be a good mechanism for resolving such disputes? With Ghada Qaisi (Audi International arbitrator) and Erika Levin (Partner, Fox Rothschild)

In fashion distribution contracts, a lawyer has to manage risks relying on contractual law and mandatory law. The most important thing, in international distribution contracts, is to protect the brand: that’s what makes fashion luxury industry different from any other. It is fundamental to minimize impacts and effects on the client’s products.

So whether you are an in-house lawyer or not, the aim is to balance the relationship between the brand and the distributor, understanding the other part, for example in the determination of non- waiver clauses.

In any case it is fundamental to enter in detail and deeply know the process. If you know the distribution, the season sale, etc you can judge in a proper way, otherwise you risk being superficial. Every distribution contract or agreement has to be decided by in house counsel with all company details, respecting the interest of the brand.

Most of the disputes, in fashion luxury sector, concern distribution contracts, rather than supply chain. That’s because, with a distribution contract, you are giving your products and your brand to another entity, which is often on the other side of the world. This makes very difficult to define the applicable law and the law coordination. Because of this the most important resource becomes the comparative law, combined with tolerance approach. Anyway, arbitration is a really good tool in fashion, being able to be used for any area, not only distribution.

III session: The future of litigation: NFTs and metaverse with Jalal El Ahdab (Partner, Bird & Bird) and Beatrice Grifoni (Design, Communication and IP Legal Director, Valentino)

First of all the session starts with the definition of metaverse and NFTs. Metaverse is a massively scaled and interoperable network of a real time rendered 3D virtual words, which can be experienced synchronously and persistently by an effectively unlimited number of users. NFTs are cryptographic assets: they are digital media but also certificates (i.e. intelligent contracts).

The importance and the particularity of those ones, is that it is possible to convert NFTs into physical products, within a certain period of time. Anyway NTFs are much more expensive than physical products, so this makes the transformation not so attractive.

Users have two options: buy on the primary market or resell in the second market. On the primary market they can just buy an NFT or they can buy an NFT, having the chance to get the related physical item. This means the company makes money from the purchase of the NFT. On the secondary market the company makes money from the royalties (because the brand always retains the rights related to the NFTs). However, NTFs could be a interesting instrument to authenticate and prevent counterfeiting.

In this digitalization process, there’s another important key: the blockchain. It would be interesting to enforce arbitration to blockchain/metaverse. For example concerning: blockchain service agreement, subcontracts, IP, regulatory issues, etc. So, it is possible to use blockchain/NFTs technology in the dispute resolution process: to manage procedure and evidence in arbitration proceedings; have the possibility to tokenise awards/NFT arbitration award; cybersecurity; confidentiality; efficiency; notification of unidentified person through NFTs. Arbitration through blockchain would be a perfect tool, but it would work only if everything remains anonymous, otherwise the arbitrator couldn’t be really fair.

The conference gave the opportunity to discuss deeply on the fashion arbitration system, in Italy and beyond, exploring the metaverse implications in a fresh and concrete way.

Fashion Law Journal was the Media Partner of the Conference. This conference summary is reported by Camilla Gentile, Editor at Fashion Law Journal

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Impact of Russia Ukraine war on the Global Apparel Industry https://fashionlawjournal.com/impact-of-russia-ukraine-war-on-the-global-apparel-industry/ https://fashionlawjournal.com/impact-of-russia-ukraine-war-on-the-global-apparel-industry/#respond Wed, 23 Nov 2022 11:08:15 +0000 https://fashionlawjournal.com/?p=3749 The world order is becoming more and more unstable as a result of the tensions between Russia and Ukraine. After steadily accelerating in 2021, the global economic recovery is predicted to slow down. The most significant economic impact is being noticed in the logistics and commodity industries, where costs have skyrocketed. The economic prospects of major economies are anticipated to be impacted by a sharp increase in the cost of essential foods and fuels. These are anticipated to increase the already high levels of inflation, particularly in the economies of Europe, which are increasingly reliant on supplies from Russia and Ukraine.

In addition to the customary shifts in fashion, the retail clothing market has also experienced some unexpectedly significant changes. The ongoing war between Russia and Ukraine, which has been waging since February 2022, is to blame for the majority of these unforeseen happenings. The retailing of fashion has taken a significant impact in Russia. Major domestic brands have stopped doing business in the nation. Clothing companies from other countries have followed suit, including H&M, Zara, Marks & Spencer, and Nike. More than 400 international corporations reportedly stopped operating in Russia in March 2022. The crisis has had a significant impact on the fashion sector due to the numerous sanctions that are in place.

Payment problems caused by the sanctions are the main worry with regard to commercial flows with Russia, especially with regard to Asian nations like Bangladesh and Vietnam. The textile and garment industries in Asia and India may be harmed by this; however, Russian demand for these products is not as great. Every month, Russia purchased $650–700 million worth of textile and garment products from Asian nations, with solely apparel accounting for half of those imports. The Asian nations will lose close to $1-2 billion or more in export profits if Russian imports stop or drastically decrease for a period of time as a result of the sanctions, depending on how long they last. China is anticipated to see the greatest effects due to its huge monthly textile and garment shipments to Russia, which total close to $400 million. However, China’s internal supply issues and rise in COVID-19 infections have also had a significant influence on its exports. With close to $90–100 million shipped to Russia each month, Bangladesh is the second-largest exporter to that country. India exports clothing and textiles to Russia for close to $18-20 million each month, and in the upcoming months, it is possible that this sum may decrease.

The growing cost of vital raw materials like crude oil and food, which in turn boosts the cost of labour, is a major source of worry for the global textile and clothing sector. Numerous Asian economies rely largely on Russian coal and oil imports as well as Ukrainian food supply. According to an update from UNCTAD on the Russian-Ukrainian conflict, Turkey, China, Egypt, and India are the nations most reliant on food imports from Russia and Ukraine. Incidentally, these are also significant global suppliers of clothing and textiles. Turkey’s inflation has soared to roughly 54.4% in February 2022, which is predicted to have a substantial influence on sourcing from the nation. Consumer prices inflation in Bangladesh has also risen rapidly to

6.17 per cent, predominantly due to increase in food prices.

On March 7 of this year, oil prices reached a record high of $130 a barrel, setting a new high that had not been reached in nearly 14 years. The US, UK, and a few other EU countries were reportedly discussing a potential ban on oil purchases. Russia is the third-largest producer of crude oil in the world, selling about 5 million barrels daily. This accounts for 12% of global trade. It is predicted that such a ban may have an impact on the entire supply chain given the high price of oil.

It won’t be simple for clothing producers to import and export textile material due to the increasing freight expenses. These businesses may suffer significant losses as a result. Shipping companies have increased their pricing as a result of the growing cost of gasoline. Retailers and suppliers have been negatively impacted by this. Retailers and suppliers should prepare for additional losses if oil prices continue to rise.

Prior to the crisis, Russia and Ukraine made about 11% of the European retail market. However, as a result of the depreciation of the Russian currency, demand for Russian brands has been dropping. On the other hand, fashion stores are forced to raise their pricing due to the growing expenses of fuel and raw materials. For instance, the price of polyester and nylon have increased as a result of the rise in crude oil costs. These two both come from petroleum. Customers are shopping less as a result, which has an impact on the overall sales of the European retail business. Additionally, consumers’ confidence has been damaged and their propensity to spend money has dramatically dropped due to the suspension of operations by domestic and foreign retail businesses.

Supply is one of the biggest issues the world’s fashion business has to deal with. The vendors are still having trouble producing the desired amount. The majority of providers struggle to accurately predict and fulfil client demand. The cause of this is the post-conflict lack of labourers and raw supplies. Significant delays and even order cancellations have resulted from this. Normal conditions (i.e., having enough resources) would allow suppliers to easily meet client expectations. Now, however, this is not the case.

The war between Russia and Ukraine is increasingly having a greater influence on the global cotton textile supply chain. China ranks first among the major importers of textiles and clothing to Russia with a share of 43.8%, followed by Italy with 8.1%, Bangladesh with 6.4%, the Republic of Belarus with 6.3%, Turkey with 6.1%, and Vietnam with 6.1%. In the long run, given the changes in China-Russian ties and global commerce, China’s market share in Russian textile and clothing imports may rise further in order to cover the supply vacuum created by European and US sanctions. China exports very little textile and apparel to Russia, making it simple to meet Russia’s growing demand. But if the war affects the relations between the EU, Japan, and US and China, China’s exports of textiles and clothing may be clearly under pressure. This is due to the large export shares that the EU, Japan, and US hold for China.

With the rouble under pressure over the past few months and many multinational brands ignoring any current foreign investments in the country, sales have also decreased in the home market of Russia. With the US and EU blocking visas for the country’s high rollers and the West promising aid to Ukraine, the number of wealthy Russians visiting cities like London, Paris, and Milan to shop for luxury brands is declining. However, many brand experts and marketers believe it will only have a short-term effect and are optimistic about the crises’ long-term resolution.

In general, the Russian-Ukrainian war’s economic and other restrictions may result in a decline in the sale of textiles and clothing to Russia from numerous key exporting countries, with China potentially filling this gap. The Russian-Ukrainian war may have a greater influence on global trade flows than on total demand, despite the fact that Russia’s import demand for textiles and clothing represents a relatively minor percentage of worldwide demand.

References

Six months on: Impact of the Ukraine-Russia war on Europe’s apparel market, JUST STYLE (2022), https://www.just-style.com/analysis/six-months-on-impact-of-the-ukraine-russia-war-on-europes-apparel-ma

rket/ (last visited Oct 19, 2022).

www.fibre2fashion.com, Russia-Ukraine Conflict: Impact on Logistics and Textiles-Apparel Industry, http://www.fibre2fashion.com/industry-article/9361/russia-ukraine-conflict-impact-on-logistics-and-textiles- apparel-industry?amp=true (last visited Oct 19, 2022).

Exports to Russia returning to normalcy, THE DAILY STAR (2022), https://www.thedailystar.net/business/global-economy/news/exports-russia-returning-normalcy-3145441 (last visited Oct 19, 2022).

Impact of the Russia-Ukraine Conflict on Apparel Industry – Thematic Research, MARKET RESEARCH REPORTS & CONSULTING | GLOBALDATA UK LTD.,

https://www.globaldata.com/store/report/impact-of-the-russia-ukraine-conflict-on-apparel-theme-analysis/ (last visited Oct 19, 2022).

Praveen Paramasivam, Ukraine war to sully clothes sales from Levi to Ralph Lauren, REUTERS, March 8, 2022,

https://www.reuters.com/markets/europe/ukraine-war-sully-clothes-sales-levi-ralph-lauren-2022-03-08/ (last visited Oct 19, 2022).

Textile Excellence, Consumer Spending Habits Impacted By Russia-Ukraine War: Survey | Textile Excellence – Textile & Apparel Newspaper / Magazine, (2022), https://www.textileexcellence.com/news/consumer-spending-habits-by-russia-ukraine-war-survey/ (last visited Oct 19, 2022).

 

Author: Ashutosh Gupta

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Bella Hadid’s Futuristic Dress: NYFW Imbibing Science And Creativity https://fashionlawjournal.com/bella-hadids-futuristic-dress-nyfw-imbibing-science-and-creativity/ https://fashionlawjournal.com/bella-hadids-futuristic-dress-nyfw-imbibing-science-and-creativity/#respond Tue, 22 Nov 2022 10:54:40 +0000 https://fashionlawjournal.com/?p=3745 The essence of fashion itself has always been highly variable and adaptable at the same time. A number of designers create new types of fashion and contribute to the industry’s expansion by doing so. On the other hand, has anyone ever considered the possibility that a “spray” could be applied to the body, and once it dried, the “spray” could function as a dress on its own? This is an accurate description of what took place during New York Fashion Week in 2022.

Bella Hadid, one of the most famous models of all time, walked onto the stage being half naked while running for the Parisian ready to wear brand Coperni and its Spring-Summer collection 2023. The fact that she covered her breasts and wore nothing but a nude thong and high heels has caused the video to go viral since nothing as such has been showcased in the NYFW before. A white substance was sprayed all over her body by two designers while she stood patiently for more than eight minutes. After a while, it became solid and the head  of design of Coperni, Charlotte Raymond, then styled the dress by shaping the straps and neckline of the dress thereby making it off-shoulder and giving it a slit near the left thigh. It comes as a surprise to learn that the 25 year-old model, whose schedule was packed, did not practice at all for this event despite the fact that it was widely believed that doing so would require a significant amount of preparation in advance. Hadid describes this particular time in her life as both a highlight and a milestone in her journey. 

The dress was compared to Alexander McQueen’s spring 1999 show, when Shalom Harlow wore a dress that was spray painted by robots. Sebastian Meyer and Arnaud Vaillant, the co-founders of Coperni, spent around six months at London’s Bioscience Innovation Centre collaborating with Torres and his team to design the dress that has made headlines around the world. It has even been suggested that the dress is integrated with devices that can monitor the health of the person who is wearing it. Fabrican is utilized in a wide range of other industries in addition to the fashion industry, including but not limited to healthcare, the packaging industry, the automotive industry, and others.

It is important to be aware that while this may appear to be quite new, it has actually been around for the better part of two decades. This is vital to understand because it could be a part of the future of fashion. Designed in 2003 by Manel Torres, a Spanish fashion designer who is known for incorporating elements of science and particularly chemistry into his work, the white substance that was sprayed is commonly referred to as “Fabrican.” Fabrican is a liquid tissue made up of polymers, additives, and a fiber that, once it comes into contact with air, transforms into a solid material. It is considered to be an instant spray-on. 

In spite of the fact that more and more people are becoming aware of cruelty-free fashion and may view this dress as a threat to the environment due to the fact that it may involve chemicals and will not be easily broken down, the fact that Fabrican is derived from plants and is made of natural fibers is absolutely fascinating. It is not a one-time thing like using it once and then throwing it away; rather, it can be washed, and it can even be reused and sprayed again. It has to be put into a bottle, for that matter, to avoid it coming into contact with air. In addition to this, the Fabrican does not make use of any substances that deplete the ozone layer, which helps to reduce its overall carbon footprint.

Analyzing it from the point of view of intellectual property reveals that the Fabrican is a patented spray. This is because the dress itself is an invention, and as such, the inventor is entitled to claim several rights associated with making it known. As a result of the wearer’s ability to select from a variety of different combinations, the Fabrican unquestionably has the potential to be the future of fashion. Altering the composition of the chemical can also result in the creation of a variety of different surface textures. Fabrican can also include fragrances, thus enhancing the material.

The fashion industry has undoubtedly been taking inventions and incorporating them, leaving people speechless at first but soon enough inculcating them in their daily routine and wardrobe, and the Fabricon can in no time be inculcated and included in the wardrobe of many people since it is considered to be gender neutral as well. The real question that needs to be answered is how quickly can this take place, and the answer might be, “In almost no time at all.”

Author: Ishita Jawaharani

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Decathlon reverses its name in 3 Belgian cities to promote ‘reverse shopping’ https://fashionlawjournal.com/decathlon-reverses-its-name-in-3-belgian-cities-to-promote-reverse-shopping/ https://fashionlawjournal.com/decathlon-reverses-its-name-in-3-belgian-cities-to-promote-reverse-shopping/#respond Fri, 14 Oct 2022 17:19:15 +0000 https://fashionlawjournal.com/?p=3665 Decathlon is read “NOLHTACED” when written backwards, and the company hopes that this marketing strategy would inspire customers to engage in “reverse shopping.”

The name change, which will be in effect for a month, is a part of a marketing drive aimed to promote “reverse shopping” – the general public’s awareness about the possibility of retailing in the ‘opposite direction’, with the chain buying from its customers products they no longer use. This move will help customers resell their old or unused sporting goods to the store where the items can be repaired and resold under warranty.

Reverse shopping mainly entails buyers returning used or unwanted athletic items to the retailer, who will then repair the item and resell it in some capacity while still under warranty. The action is intended to increase public awareness of environmentally beneficial activities.

The company took to Instagram to announce the change in name and wrote, “This month Decathlon becomes nolhtaceD… because a Buyback action, is like shopping in reverse, right?”

Decathlon’s campaign aims to let people resell their items and be paid through Decathlon purchase vouchers, even if their items are not from the company’s brand. The vouchers will be valid for two years and can be spent on new equipment or other second-hand items excluding underwear, swimwear, socks and helmets.

“The objective is to reuse as much equipment as possible in order to reduce the impact on our environment and avoid waste. Decathlon’s second-hand offer also allows less fortunate consumers to buy quality sports equipment at lower prices,” the company said in a statement.

Decathlon, the largest sporting goods retailer in the world, has over 1,697 stores in 60 countries and regions. It was founded by Michel Leclercq in 1976 with the first store in Lille, France. A decade later, it expanded its footprints to other parts of Europe including Germany, Spain, Italy and Belgium.

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