Fashion Law Journal https://fashionlawjournal.com Fashion Law and Industry Insights Wed, 02 Apr 2025 07:30:16 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://fashionlawjournal.com/wp-content/uploads/2022/03/cropped-fashion-law-32x32.png Fashion Law Journal https://fashionlawjournal.com 32 32 The Chiffon Clause: Maharani Gayatri Devi, Legacy, and the Law https://fashionlawjournal.com/the-chiffon-clause-maharani-gayatri-devi-legacy-and-the-law/ https://fashionlawjournal.com/the-chiffon-clause-maharani-gayatri-devi-legacy-and-the-law/#respond Wed, 02 Apr 2025 07:29:55 +0000 https://fashionlawjournal.com/?p=9779 In the honeyed afternoons of Jaipur, where the air hums with the scent of marigolds and history lingers in the sandstone corridors of City Palace she still walks- if not in presence, then in legend. Maharani Gayatri Devi, the last queen of an era where elegance was effortless and regality was not learned but inherited, remains immortal. The rustle of her chiffon saris, softer than the whisper of the desert wind, and the glint of her unadorned pearls, understated yet commanding, are stitched into the very fabric of Indian luxury. She was a woman who turned heads but never needed to. A princess born into opulence, a queen who defied expectations, a parliamentarian draped in pastels- her contradictions only made her more compelling. Even decades after her time, her name evokes the kind of aristocratic glamour that designers still chase, that brands still borrow, that cultural nostalgia still clings to. She has been reborn in mood boards, in fashion collections, in the delicate folds of chiffon that designers drape in her name, in the curated nostalgia of a past that still shimmers like gold- dusted embroidery.  

But in an era where nostalgia is not merely remembered but repackaged, where heritage is not just revered but relentlessly replicated, the ‘Maharani Aesthetic’ has become both muse and commodity. Once a symbol of effortless aristocracy, it now flutters through the ateliers of luxury houses and the production lines of fast fashion alike- some in homage, others in quiet transgression. The pastels, the pearl strung elegance, the gossamer-light chiffons once woven into royal legacy are now stitched in commerce, duplicated without provenance, borrowed without attribution. The question that lingers, much like the scent of marigolds in the “Jeypore” air, is this: Can an aesthetic so deeply enshrined in history be safeguarded from dilution? Can the intangible essence of royalty be legally preserved, or does inspiration, once set free, belong to all who dare to claim it?”

The whisper of chiffon, the structured yet effortless drape of a sari, the interplay of pearls against the pastel silks- Maharani Gayatri Devi’s signature style was never a mere ensemble; it was a language of understated affluence. Yet today, that language is being spoken without provenance. From the artisan-laden ateliers of Sabyasachi to the mass market machinery of Zara, the allure of ‘royal fashion’ is no longer privy to those born into palaces. It is a global commodity, but one that begs legal reckoning: when does cultural homage become fashion plagiarism?

The Legal Stitch

Unlike a logo (protected under trademark law) or a specific garment design (safeguarded by The Designs Act, 2000 in India), an aesthetic is far more elusive. The Maharani Aesthetic is not a singular creation but a collection of stylistic signatures—the airy pastels, the translucent chiffons, the restrained grandeur of uncut diamonds. Fashion law does not easily shield such intangibles from replication.

Yet, luxury houses have long battled over proprietary aesthetics. Chanel has fought legal wars over its quilting patterns, Burberry has waged trademark disputes over its signature check, and Louboutin has defended the very colour of its soles in courtrooms across the world. Could a similar argument be made for the visual lexicon of Indian royalty? Could the heritage of a queen be grounds for legal exclusivity?

Heritage in Fast Fashion: A Lost Legacy?

In the glaring fluorescence of fast fashion showrooms, heritage is stripped of its depth and repackaged in synthetic blends and machine-cut embroidery. A once-luxurious silhouette finds itself flattened into polyester, its grandeur reduced to a SKU number. Brands like Zara, ASOS, and even high-street Indian labels have churned out Maharani-inspired designs—chiffon saris in mass production, pearl-encrusted tunics mimicking royal couture, and brocade blouses with none of the finesse of hand-woven craftsmanship.

The law, however, remains selective in its defence. While fast fashion houses have been taken to court for replicating specific patterns or embroidery styles, they remain largely untouchable when borrowing from themes rather than concrete designs. Hermès may have trademarked its Birkin, but can royalty ever trademark an aesthetic?

The Counterfeit Conundrum

Beyond the realm of fast fashion lies its shadowy twin: the counterfeit industry. In the bustling markets of Chandni Chowk, Bangkok’s Patpong Night Market, and the famed counterfeit districts of Guangzhou, the Maharani Look is no longer an aspiration—it is a cheaply manufactured reality.

Here, hand-woven chiffons are replaced with nylon blends, and ‘Jaipur Royal Collection’ tags appear on garments that have never seen the walls of a palace. The counterfeit trade, which contributes to nearly USD 500 billion in global losses annually, thrives on the absence of enforceable fashion copyrights. While Indian law offers protection under The Copyright Act, 1957 for original textile designs and embroidery, the vast expanse of ‘heritage fashion’ remains an unguarded frontier.

The implications are profound: not only does counterfeiting erode the value of luxury craftsmanship, but it also threatens the very artisans whose skill once defined these royal wardrobes. In this legal vacuum, a question lingers—can a fashion aesthetic born from nobility be safeguarded against dilution, or is its fate to be forever replicated, never protected?

The Gilded Dilemma

Heritage is an asset. In fashion, it is intellectual property with an identity, a provenance, a prestige. Yet, when aesthetics born from aristocracy are diluted into mass-market renditions, the law stands at an impasse.

For decades, the legal framework has granted fashion limited safeguards—trademarks for logos, patents for innovations, copyrights for surface designs. The intangible, however, remains unguarded. The Maharani Aesthetic—pastel chiffons, uncut diamonds, structured drapes—exists in a space between cultural homage and commercial replication. What belongs to history often becomes public domain, yet the business of fashion thrives on exclusivity. The question is no longer whether an aesthetic can be replicated; it is whether it can be legally fortified.

Legality and Legacy

Luxury houses have long crystallized their identity through trademarks, converting visual signatures into proprietary assets. In the West, the Chanel quilting, the Burberry check, the Hermes Birkin silhouette are all trademark-protected. In India, handloom weaves, embroidery techniques, and even temple jewelry designs have sought similar status.

A precedent exists: the Banarasi sari, the Chanderi weave, the Pochampally Ikat—each protected under geographical indication (GI) status. Theoretically, the ‘Maharani Look’ could be distilled into a legally recognized heritage trademark, a seal of authenticity for designs that trace their lineage to Jaipur’s royal ateliers. A legal identity that separates inspiration from appropriation, homage from hijack. 

Geographical Indications: The Safeguard of Provenance

The Geographical Indications of Goods (Registration and Protection) Act, 1999 has preserved India’s artisanal economy, offering legal exclusivity to craft-based communities. A garment labeled as Chikankari must originate from Lucknow; a Kanjeevaram silk must be woven in Tamil Nadu. If traditional craftsmanship is protected, could the aesthetics of royal wardrobes follow suit?

There is precedent. France protects its champagne, Italy its Parmigiano Reggiano. If provenance is law, then Jaipur’s couture heritage—its intricate gota patti, its diaphanous chiffon drapes, its jadau settings—could fall under similar protection. An elevated safeguard for designs that have long been a part of history, but not of imitation.

Art or Imitation

The counterfeit market has become a billion-dollar empire, replicating not just brands but legacies. In the lanes of imitation, the Maharani Look has been reduced to its synthetic knockoffs—machine-stitched chiffons, mass-produced faux pearls, brocade stripped of its craftsmanship.

Under The Copyright Act, 1957, original textile designs are protected for ten years, extendable to fifteen. Yet, the fine print is limiting. Designs that enter mass production lose copyright protection, leaving high fashion vulnerable. While the Designs Act, 2000 safeguards surface patterns and embroidery techniques, it is inadequate for the vastness of a cultural aesthetic.

Luxury houses have responded with aggressive legal enforcement. In 2022, Chanel won a counterfeit lawsuit against a network selling imitation handbags. In India, Sabyasachi and Manish Malhotra have cracked down on unauthorized replicas of their bridal couture. Yet, the law remains reactive, not preventive. A Maharani Code of Authenticity—a legally recognized certification for heritage fashion—could change the landscape, offering both prestige and protection.

Woven in Law, Draped in Legacy

The bridge between legacy and legality is yet to be built. The fashion industry has historically drawn from the past, but in an era where aesthetics become intellectual property, a framework for protection must evolve. The future of heritage fashion law will be written not just in archives but in courtrooms, defining where cultural history ends and commercial ownership begins.

But laws, like couture, can only tailor so much. The fine print of the Copyright Act and the Designs Act may seek to delineate ownership, yet they cannot entirely safeguard an aesthetic—an aura—that was never meant to be confined to legal clauses. Maharani Gayatri Devi’s legacy, much like the delicate chiffons she championed, is weightless yet enduring, slipping through the rigidity of statutes into the realm of cultural permanence. And so, the question extends beyond legal protection to something far more nuanced: Can elegance itself be copyrighted?

The Maharani, the Muse and the Mirage

Jaipur, with its rose-tinted palaces and gilded archways, remains a city where history is not merely preserved but perfumed into the air—stitched into the folds of time like the pleats of a perfectly draped chiffon sari. And Maharani Gayatri Devi, much like the city she called home, exists beyond the constraints of time, endlessly revisited and reimagined. Her legacy is not just a relic of the past but a blueprint for elegance that designers continue to borrow and brands endlessly resurrect. In many ways, she was Jaipur’s answer to Princess Diana—both women bound by royalty but unconfined by it, both style icons whose effortless grace became a language of its own, and both eternal muses, not just for fashion but for a way of being.

Yet, as fashion houses weave nostalgia into commercial allure, the question lingers—where does homage end and exploitation begin? If fast fashion can dilute the essence of a style once synonymous with exclusivity, then the law must stand as its final custodian, ensuring that history is not merely replicated but rightfully revered. For true elegance is not just what is worn but what is preserved. And in the grand tapestry of luxury, Maharani Gayatri Devi remains more than a silhouette; she is the gold thread that refuses to fade.

References:

  1. Vogue India, How Maharani Gayatri Devi of Jaipur Ushered in the Classic Chiffon Sari Trend, VOGUE INDIA, https://www.vogue.in/content/how-maharani-gayatri-devi-of-jaipur-ushered-in-the-classic-chiffon-sari-trend.
  2. Elle Canada, Chanel’s Quilted Secrets, ELLE CANADA, https://www.ellecanada.com/fashion/chanel-s-quilted-secrets.
  3. Christian Louboutin, Red Sole, CHRISTIAN LOUBOUTIN, https://us.christianlouboutin.com/us_en/red-sole.
  4. Burberry, The Burberry Check, BURBERRY, https://in.burberry.com/the-burberry-check/.
  5. Columbia Journal of Law & the Arts, Protecting Fashion and Cultural Expressions, COLUM. J.L. & ARTS, https://journals.library.columbia.edu/index.php/lawandarts/announcement/view/621.
  6.  Hindustan Times, It’s a Rip-Off, HINDUSTAN TIMES, https://www.hindustantimes.com/chandigarh/it-s-a-rip-off/story-cfSQmA337gUK36jQBsblBI.html.
  7. World Trademark Review, Protecting Fashion and Cultural Expressions, WORLD TRADEMARK REV., https://www.worldtrademarkreview.com/article/protecting-fashion-and-cultural-expressions.

Author: Aastha Kastiya

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Perks That Make Law Firm Management Essential https://fashionlawjournal.com/perks-that-make-law-firm-management-essential/ https://fashionlawjournal.com/perks-that-make-law-firm-management-essential/#respond Tue, 01 Apr 2025 11:39:53 +0000 https://fashionlawjournal.com/?p=9776 Like any other business, running a law firm comes with certain inherent challenges. The day-to-day life of a business requires a multitude of tasks, many of which can impact the bottom line negatively if not handled the right way. It is just another mountain to climb as a business owner.

Utilizing law firm management services means being able to tackle those challenges head-on. Discover how to streamline business operations, make them more efficient, and help bolster the bottom line. These are the ways in which a law firm management service can prove beneficial.

Strategy & Innovation

The most successful law firms are always planning ahead. The drive to acquire clients, provide innovative solutions, and create an effective strategy to make all aspects of the business efficient are part of the daily challenge. With the help of law firm management services, all of these become easily manageable.

Client acquisition, pricing, retention, cross-selling, competitive strategies, client service solutions, and more can all be provided. Effective and innovative engagement strategies, pricing models, and technology-driven solutions are meant to modernize your business and give it the tools needed to create an effective service.

IT & Cybersecurity Services

Law firms are making cybersecurity a priority. Greater security measures are needed to safeguard sensitive operational and client data. The industry, at large, is seeing major investment in cyber security frameworks and protocols. That includes things like advanced threat detection that prevents problems before they arise in the first place.

Law firm management services can provide infrastructures, modern platforms, and the kind of data protection capabilities that will not only mitigate risks but maintain compliance in a world with ever-evolving regulations. With the right tools and the unique experience of industry professionals, law firms can move forward with changing times and ensure that sensitive data remains safeguarded around the clock.

Organization & Human Capital

The success of a law firm depends not only on the product, but the culture, the people, and the firm’s ability to adapt to the evolving demands of the market. Through law firm management, clients will find help when it comes to attracting top talent, fostering a positive culture of innovation and growth, and creating top-to-bottom optimization.

Each strategy is tailored to individual company goals, human capital initiatives, and the drive for sustainability long-term. Benefit and wellness packages, talent acquisition strategies, and an overall organizational strategy can be developed to better the business from top to bottom for both the short and long term.

Litigation Services

Of all the challenges facing a law firm, litigation can present the most complex obstacles. Navigating these challenges requires specialized expertise so that high-stakes cases can be managed with greater efficiency. Litigation can be a critical part of running a law firm and inefficiencies can provide a major drag on those services.

Trial and case strategy, financial and securities litigation, forensic accounting and investigations, valuation services, eDiscovery and data analytics, and a plethora of other services are all at your disposal. Identifying the unique needs of your business is just a starting point. Making the most of law management services can help provide solutions to any challenge.

Hiring the right team means gaining valuable assistance in several areas. Claim viability can be evaluated, case preparation streamlined, litigation readiness enhanced, and more. The goal of any firm is to deliver superior representation for the client. That can be easier said than done, but law firm management services can make things easier in all aspects of life.

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The Sneaker Boom: How They Became the Ultimate Fashion Statement in 2025 https://fashionlawjournal.com/the-sneaker-boom-how-they-became-the-ultimate-fashion-statement-in-2025/ https://fashionlawjournal.com/the-sneaker-boom-how-they-became-the-ultimate-fashion-statement-in-2025/#respond Sat, 29 Mar 2025 12:47:09 +0000 https://fashionlawjournal.com/?p=9772 In 2025, sneakers have solidified their position as the ultimate fashion statement. Their appeal is undeniable, with styles ranging from nostalgic retro designs to sleek suede finishes and eye-catching metallic accents. High-top silhouettes are back, vibrant hues are adding bold splashes of color, and the mix of comfort and style is more evident than ever. Whether you’re pairing them with denim, skirts, or dresses, sneakers are now a wardrobe essential. In this blog, we’ll explore how these versatile shoes have transformed into a must-have for fashion enthusiasts in 2025.

The Rise of Retro: Nostalgia-Driven Designs Take Center Stage

The influence of retro sneakers is undeniable, with many embracing the vintage aesthetic in 2025. From classic designs like the Adidas Samba to the Nike Air silhouettes, these shoes capture the essence of nostalgia.

Retro Sneakers and Their Timeless Appeal

Retro sneakers are making a huge impact this year. With gummy soles and vintage designs, they evoke a sense of timeless style. As fashion-conscious consumers seek out a blend of history and modernity, these sneakers tick all the boxes. Whether you’re opting for sleek black and white or bolder hues, retro sneakers are a versatile choice for everyday wear.

One iconic example is the New Balance 992 a sneaker that has captured the hearts of sneakerheads and fashionistas alike. Its perfect balance of performance and style makes it a top contender in the retro sneaker category for 2025, offering both comfort and timeless design.

Sleek and Sophisticated: Suede Sneakers for Elevated Style

Suede sneakers are a major trend for 2025, offering a refined look that elevates casual style. Whether they’re vintage-inspired or sleek and modern, suede sneakers are everywhere this season.

Vintage-Inspired Suede Runners

Suede runners, inspired by styles from the ’70s and ’10s, are dominating the scene in 2025. These shoes blend earthy tones with vintage vibes, perfect for pairing with flowing skirts or wide-leg trousers.

Celebrities Sporting Suede

Celebrities like Kendall Jenner and Gigi Hadid are helping to push suede sneakers into the spotlight. These influencers sport them in chic and versatile ways, seamlessly incorporating them into high-fashion looks.

Spring’s Must-Have Material

Suede sneakers are this spring’s standout trend. Their versatility and sophistication make them an easy addition to any wardrobe, elevating casual outfits with ease.

Metallic Mania: Adding Glamour to Casual Footwear

Metallic sneakers are stepping up in 2025, adding a touch of luxury to everyday footwear. The fusion of performance-driven features with metallic aesthetics makes these sneakers both stylish and functional.

High-Top Comeback: The Return of a Classic Silhouette

High-top sneakers are making a significant return this year, with both street style and runway shows embracing the silhouette.

Designer Interpretations

High-tops are enjoying a revival with designer interpretations from brands like Loewe and Stella McCartney. Converse’s Chuck Taylor high-tops remain an enduring classic, loved for their versatility and comfort.

Color Me Bold: Vibrant Hues Dominate the Sneaker Scene

Bold, vibrant colors are taking over the sneaker scene in 2025. Brands like Adidas and Reebok are embracing retro-inspired hues, offering sneakers in shades of orange, blue, and yellow.

Ballerina Meets Sneaker: The Graceful Fusion of Two Worlds

The Mary Jane sneaker trend perfectly blends the grace of ballet flats with the practicality of sneakers. This fusion creates a versatile footwear option suitable for both casual and dressier looks.

Elegant Comfort

These hybrid shoes combine delicate feminine design with the comfort of sneakers. With the iconic Mary Jane strap and sneaker-inspired soles, these shoes offer the best of both worlds.

Versatile Styling

Mary Jane sneakers offer endless styling possibilities, from casual jeans to dressier outfits. Brands like Salomon x MM6 Maison Margiela and Vans are offering stylish interpretations of this trend.

Frequently Asked Questions

How Has the Sneaker Industry Impacted the Global Economy in 2025?

You’ve witnessed the sneaker industry’s explosive growth, generating billions in revenue and creating jobs worldwide. Its influence on fashion and culture is undeniable, driving innovation and shaping consumer trends across the global marketplace.

What Technological Advancements Have Revolutionized Sneaker Design and Production?

You’ve seen 3D printing transform sneaker design, enabling customization and rapid prototyping. AI-powered design tools and robotic assembly lines have streamlined production. These advancements have made sneakers more innovative, sustainable, and accessible than ever before.

How Have Collaborations Between Brands and Celebrities Shaped the Sneaker Market?

Collaborations between brands and celebrities have skyrocketed sneaker popularity. You’ve seen limited-edition designs sell out instantly, driving up resale prices. These partnerships have created a thriving secondary market and turned sneakers into coveted collectibles.

What Role Do Limited-Edition Releases Play in Driving Sneaker Demand?

Limited-edition releases drive sneaker demand by creating exclusivity and hype. They make you feel like you’re part of an elite group when you score a pair, fueling a sense of urgency to buy before they’re gone.

How Have Sustainable Practices Been Integrated Into the Sneaker Industry?

You’ve seen brands embrace eco-friendly materials and production methods to reduce their environmental impact. They’re using recycled and organic materials, minimizing waste, and investing in more efficient manufacturing processes to create sustainable sneakers without compromising style.

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What is a Digital Product Passport? Everything You Need to Know https://fashionlawjournal.com/what-is-a-digital-product-passport-everything-you-need-to-know/ https://fashionlawjournal.com/what-is-a-digital-product-passport-everything-you-need-to-know/#respond Fri, 28 Mar 2025 06:20:16 +0000 https://fashionlawjournal.com/?p=9767 Currently, the European Union is aiming to reorganize the fashion sector with a green approach, providing new regulations, directives, and decisions as part of the Green Deal project.

In particular, with respect to fashion, the Ecodesign Regulation, within the framework of the Sustainable Product Initiative, establishes new rules regarding textiles and clothing. Among the most important provisions, it is noteworthy to mention those concerning the DPP (Digital Product Passport).

The DPP is a new mandatory tool designed to enhance transparency across product value chains by providing information about the product’s origin, materials, environmental impact, and disposal recommendations. It seeks to meet consumer demand for transparency and address the lack of reliable product data from companies.

The DPP is more than a simple label; it is a unique product identifier that contains all the most important information linked to a product—not only about materials but also user manuals, safety instructions, product disposal, and, of course, details about the product’s lifecycle.

Such information can be obtained via a QR code scan or RFID chip. As previously mentioned, this entails: increased transparency for consumers and stakeholders, offering clear and verifiable information about the product’s origin and production; the promotion of sustainable practices aimed at reducing the environmental impact and improving social conditions during production; the promotion of a circular economy, facilitating the recycling and reuse of materials and products.

Although the DPP is not yet technically defined, it is known that it will be necessary:

  • To provide DPP information easily accessible directly from the product itself or its packaging, without the need to consult external sources or separate paper documents;
  • The medium, whether physical or digital, used to store and present information about a product, as well as the unique product identifier (a specific code assigned to each product that uniquely distinguishes it globally from all others), must comply with the guidelines and requirements established by the ISO standard, ensuring global, unique, and traceable identification for products;
  • The information in the DPP must follow publicly accessible and shared standards, be formatted in a way that different systems and platforms can use it without issues, and must be easily readable and searchable by users.

The DPP will be gradually introduced between 2026 and 2030 to allow businesses and EU Member States to progressively adapt to the new regulations and technical requirements.

This gradual introduction is necessary due to the complexity of the system, which requires the creation of digital infrastructures to store and share product information via reference standards for data collection and transmission.

In addition, companies will need to update their production and data management processes in the least economically impactful way possible, especially for start-ups and SMEs.

The DPP will first be mandatory for the product categories with the most environmental impact, including the textile industry, which will need to comply with the DPP starting from 2026.

Nevertheless, some fashion companies have already begun adopting the Digital Product Passport to benefit from the advantages of this tool, which allows for a strong connection with consumers who are increasingly focused on choosing brands that demonstrate social and environmental responsibility.

In the textile sector, the introduction of the DPP integrates with traditional product labeling to ensure complete traceability and improve the sustainability of products.

Indeed, labeling on textile products is already mandatory according to various laws in force at the European and international level, generally including information such as material composition, washing instructions, origin and manufacturing brand, as well as size, color, and other specific characteristics.

The physical label remains the most immediate tool for the consumer to view essential information quickly.

The DPP adds another layer of digital information to the product, as we mentioned, via a QR code or RFID chip, directly on the physical label or on the product itself. In addition to the physical label information, the digital passport may include more detailed and dynamic data not listed on the physical label, such as supply chain traceability (where and how the materials were produced), environmental footprint (e.g., CO2 emissions impact, use of natural resources), the entire product lifecycle (how to dispose of, recycle, or reuse it), and any sustainability or quality certifications.

Using open data principles, all the product information is publicly available, providing transparency and accessibility. This means that the DPP will drive transparency, accountability, and sustainability.

References

  1. European Union Regulation on ESPR (EU No 1781/2024)
  2. Sustainable Product Initiative https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12567-Sustainable-products-initiative_en 
  3. European DPP Initiative https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14382-Digital-product-passport-rules-for-service-providers_en 
  4. European Guidelines DPP in the textile sector https://www.europarl.europa.eu/RegData/etudes/STUD/2024/757808/EPRS_STU(2024)757808_EN.pdf 

 

Authors:

Camilla Gentile

Camilla Gentile graduated in Law from the University of Brescia, with a thesis focused on the legal protection of intellectual and industrial property rights. Licensed to practice law, in 2022 she co-founded Close to Ius, a law firm distinguished by its modern and personalized approach to legal consulting, assistance, and training for professionals and businesses. The firm, already featured in the prestigious Forbes magazine, was also a finalist at the Legal Community Forty Under 40 Awards in the category Law Firm of the Year – IP & TMT. In addition to her legal practice, Camilla is a contributor to the legal magazine Ius in Itinere and a member of the editorial board of Fashion Law Journal, where she also teaches. With a particular focus on the evolving legal landscape of fashion law and intellectual property, she combines her legal expertise with ongoing academic research, enriching her knowledge with a keen analysis of the legal challenges in the world of innovation and creativity.

Isabella Carantani

Isabella Carantani earned her Law degree from the University of Brescia in 2019 and obtained her license to practice law in 2021 after completing training in civil and criminal law. In January 2022, she co-founded Close to Ius, a law firm known for its modern and personalized approach to legal consulting, assistance, and training for professionals and businesses. The firm has been featured in Forbes magazine and was a finalist at the Legal Community Forty Under 40 Awards in the category Law Firm of the Year – IP & TMT. Isabella Carantani is a senior contributor for the Fashion Law and Influencer Marketing section of the online legal magazine Ius in Itinere, where she writes articles on topics such as fashion law, sustainability, intellectual property, influencer marketing, artificial intelligence, and privacy. She also collaborates with the international Fashion Law Journal, bringing an international perspective to industry-related issues thanks to her expertise and the contributions of her law firm.

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Navigating Las Vegas Legal Pitfalls: When Glitz Meets Real-World Problems https://fashionlawjournal.com/navigating-las-vegas-legal-pitfalls-when-glitz-meets-real-world-problems/ https://fashionlawjournal.com/navigating-las-vegas-legal-pitfalls-when-glitz-meets-real-world-problems/#respond Fri, 28 Mar 2025 05:44:55 +0000 https://fashionlawjournal.com/?p=9764 Las Vegas dazzles with its lights, entertainment, and allure, but beneath the glamour lies a complex web of legal challenges. Issues such as tenant disagreements, personal injuries, and contract disputes aren’t uncommon for locals and visitors alike. Working with a trusted Las Vegas Law Firm in such a fast-paced city can provide the expertise needed to address these high-stakes situations effectively.

The Vegas Illusion vs. Reality

The reputation of Las Vegas often revolves around excitement and indulgence. However, the reality often brings unexpected hurdles:

  • Accidents on the Strip: Crowded sidewalks and busy streets can lead to slips, falls, or car crashes.
  • Tenant Conflicts: From questionable leasing agreements to unfair evictions, renters face challenges navigating state-specific housing laws.
  • Contract Disputes: Whether it’s event planning, a wedding venue, or a vendor agreement, disputes can arise when terms aren’t met.

The glamorous exterior makes it easy to overlook these challenges, but being proactive—and prepared—can prevent situations from escalating.

Three Common Legal Missteps in Sin City

Renting Roulette: Rental Scams and Tenant Rights

Las Vegas sees frequent housing turnover due to its vibrant tourism and business environment, which can result in predatory leasing practices. Renters should watch out for fake listings, misleading lease terms, or hidden fees. Nevada laws allow tenants protections against unsafe conditions or wrongful evictions.

Key steps to protect yourself include:

  1. Reviewing leases carefully before signing.
  2. Researching rental agencies or landlords for legitimacy.
  3. Retaining copies of agreements, payment receipts, and correspondence.

An experienced law firm can guide tenants through disputes or illegal practices and uphold your rights.

The Aftermath of a Night Out: DUIs and Personal Injury Claims

Las Vegas’s nightlife is unmatched, but driving under the influence can lead to serious legal repercussions. Under Nevada laws, driving under the influence carries steep penalties for visitors and residents alike, including fines, license suspension, and even jail time.

Personal injuries, such as car accidents or pedestrian incidents, add another layer of complexity. Here’s what victims need to do immediately after an accident:

  • Gather Evidence: Take photos of the scene, vehicle damage, injuries, and any relevant surroundings.
  • Exchange Information: Get contact and insurance details from all parties involved.
  • Contact Authorities: File a police report to document the incident.

Partnering with local legal professionals can help you navigate claims, handle insurance negotiations, and fight for fair outcomes.

Contract Confusion: Weddings, Events, and Small Business Pitfalls

Las Vegas is the go-to destination for weddings, parties, and business events, but poorly written contracts can cause disputes. Common issues include hidden cancellation fees, unexpected charges, or vendors failing to deliver promised services.

Small business owners also face legal headaches in situations like breach of contract by suppliers or disputes over property leases. Protect yourself by:

  • Carefully reviewing all contracts before signing.
  • Negotiating terms to fill loopholes or clarify vague points.
  • Keeping records of payments, communication, and agreements.

Legal professionals experienced in Nevada statutes can help resolve disputes while ensuring your contracts provide solid protections.

Why Local Knowledge Makes the Difference

Legal matters in Las Vegas often require a deep understanding of Nevada’s unique statutes and Clark County court practices. Attorneys familiar with tourist-heavy areas understand specific nuances such as casino liability, zoning regulations, and state-specific protections.

For example, evaluating liability for an injury inside a Las Vegas casino involves understanding state law, property owner obligations, and intricate insurance policies. With guidance from attorneys who understand the city, clients benefit from strategies tailored to local regulations and conditions.

Steps to Protect Yourself Legally in Las Vegas

Whether you’re living in Las Vegas or just visiting, legal preparation is key. Here are proactive ways to safeguard your rights in difficult situations:

  • Document Everything: Photos, signed contracts, and witness information can serve as critical evidence.
  • Stay Off Social Media: Avoid sharing details of accidents or disputes online, as these can be used against you.
  • Act Quickly: Reach out to legal counsel promptly to prevent mistakes that could weaken your case.

A timely consultation with local legal experts ensures you avoid unnecessary complications and take the right steps toward resolution.

Real Stories: Lessons from the Courtroom

Here are two examples of cases where prompt legal action made a meaningful difference:

Situation Outcome
Rideshare Accident: A tourist sustained injuries in a collision. Legal counsel helped secure a fair settlement from the rideshare service’s insurance company.
Contract Dispute: A small business owner faced losses due to a supplier’s breach of contract. An attorney filed suit, leading to a negotiated settlement that recouped financial damages.

Both cases underline the importance of preparing for the unexpected with the help of experienced legal professionals familiar with local laws.

Prepare for Challenges in a City That Never Sleeps

Las Vegas moves quickly, and so do the legal challenges that can arise here. Being vigilant, documenting agreements, and knowing who to call for expert help can make all the difference when problems hit.

Whether it’s a contract dispute, a rental issue, or an injury claim, ensuring legal protection is smart—and necessary—in such a dynamic city.

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The Symphony of Tradition: Legal Aspects of Music and Fashion Collaborations https://fashionlawjournal.com/the-symphony-of-tradition-legal-aspects-of-music-and-fashion-collaborations/ https://fashionlawjournal.com/the-symphony-of-tradition-legal-aspects-of-music-and-fashion-collaborations/#respond Tue, 25 Mar 2025 07:32:42 +0000 https://fashionlawjournal.com/?p=9759 “There’s a perception that fashion comes from the creative minds of the happy few at the top of the fashion food chain and eventually trickles down to the masses. But then there is music to remind us that actually, fashion often trickles upwards” (Arch-Music, 2016).

Collaboration win:

Ahead of the Lollapalooza India 2025 music festival in Mumbai this March, H&M and Lollapalooza announced a collaboration – shoppers could win 2-day passes to the festival. This is not H&M’s first partnership with music festivals; the brand has previously teamed up with the famed Coachella festival multiple times and notably created the popular “H&M Loves Coachella” collection. Such brand collaborations have become a popular strategy for merging two distinct worlds and their consumer bases, creating a mutually beneficial scenario. By joining forces, brands can leverage each other’s strengths, reach new audiences, and offer unique products or experiences that appeal to both sets of consumers. This synergy not only boosts brand visibility but also enhances customer engagement, as the collaboration brings fresh ideas, exclusive offerings, and shared values to the forefront.

Heritage and culturally inspired reboot:

Brand collaborations are not the only way the worlds of fashion and music collide. With increased spotlight on heritage and cultural influences, fashion and music both are great ambassadors.  For example, Christian Dior’s iconic fashion show at the Gateway of India in Mumbai in 2023 brought a remarkable focus to India’s needlework and craftsmanship, highlighting the work of women from the Chanakya School of Craft, a partner of LVMH-owned Christian Dior. The event also underscored the powerful role of music in honouring culture and heritage. The soulful performance by an 18-piece Indian orchestra, featuring Pandita Anuradha Pal, the world’s first professional female Tabla player, was a striking departure from the usual music choices for fashion runways. Deeply rooted in tradition, the performance captivated music lovers and bridged the worlds of fashion and music in a harmonious tribute to Indian culture.

In similar fashion, at the FDCI India Couture Week 2024, Indian designer Abu Jani Sandeep Khosla’s show incorporated a curated playlist, ‘Disco Mujra’, blending classic Indian tabla and qawwali with modern drums and guitar. Designers such as Anita Dongre and Satya Paul have previously collaborated with Indian folk artists like Bhanwari Devi, Komorebi (Tarana Marwah), and Curtain Blur (Abhishek Bhatia), merging music and fashion to create unique, culturally rich experiences.

Trendsetting:

As tools of cultural and self-expression, music and fashion also collide to shape global trends. From Elvis Presley’s impact on how men saw fashion, to Kurt Cobain contributing to the pop punk movement, to Madonna being one of the biggest fashion icons of 21st century or Lady Gaga’s extravagance, artists have always influenced fashion choices.

Creative synergies between the two industries have also seen collaborations between fashion brands and music artists. The rise and fall of Kanye West’s Yeezy collaborations with Adidas and Gap are a leading example. Another one is that of Dua Lipa – on top of being the co-chair for Met Gala 2023, she embraced fashion by co-designing a women’s collection ‘La Vacanza’ with Donatella Versace, the chief creative officer of the Italian fashion house Versace.

Music artists/ singers are increasingly diversifying their revenue stream realising the potential fashion holds to supplement their music and self-expression. Merchandising for instance, is a popular revenue driver and also serves a connection with fans who show their commitment and following of the artist by donning fashion items endorsed or created by them. Indian artist Diljit Dosanjh is a case in point. Acclaimed internationally both as a music artist and fashionista, his recently concluded Dil-luminati tour had valuable merchandising tie-ups including one with Levi’s that launched exclusive Diljit Dosanjh merchandise in celebration of the tour. In early March 2025, Levi’s announced Dosanjh as its newest global ambassador.

The influence music artists have on fashion is becoming increasingly evident, especially with recent high-profile appointments by global fashion houses. For example, Louis Vuitton tapped Pharrell Williams, a renowned figure from the music industry, to take on the role of artistic director for its menswear designs. Similarly, musician Future was selected as the first guest creative director for Lanvin’s new incubator project, Lanvin Lab, which also introduced a new division for leather goods and accessories. A$AP Rocky, the acclaimed American rapper, was appointed Ray-Ban’s first-ever creative director and works with Puma as the creative director for their Formula 1 Partnership. As global brands recognize the trend-setting power and cultural influence of music artists, traditional brand ambassadorships are evolving into more dynamic and collaborative roles. These partnerships signal a shift in how celebrities and musicians are shaping the fashion industry, influencing everything from design direction to marketing strategies.

Common legal fabric:

Beneath the functioning of both industries and creative collaborations, lies an intricate web of legal interaction. From intellectual property protection to enforcement of rights to monetisation through relevant agreements, several cases have highlighted the importance of strong legal protection. While copyright grants the creator of an original work the exclusive rights to reproduce, distribute, perform, and display the work, trademarks protect brand names, logos etc. Design rights that protect the aesthetic aspect or outward appearance of a product serve as a valuable complement in the world of fashion.

TRADEMARKS:

Registering trademarks for song titles, personal names, and names of music festivals is not uncommon. One such example of this is the title of the Indian song, “Kolaveri Di,” for which trademark registration was sought in the year 2011, reflecting it’s growing commercial value. Personal names are also subject matter of trademark protection and several artists like Taylor Swift, Beyoncé and Adele as well as fashion designers such as Elie Saab, Christian Dior, Gaurav Gupta, Sabyasachi, all have registered their names as trademarks. Taylor Swift famously also has registration for the name of her fanbase ‘Swifties’. Registration of trademarks is prima facie evidence of ownership and assists in initiating infringement suits.

The importance and relevance of trademark clearances, registration is highlighted in the recent case of the American pop icon ‘Katy Perry’ and Australian designer ‘Katie Taylor’ operating a clothing line under the name “Katie Perry”. While Taylor registered her trademark in the year 2009, the pop icon adopted her stage name as early as in 2002, creating a legal tussle when merchandise bearing “Katy Perry” was sold during the singer’s Australian tour. Initially, the Federal Court of Australia ruled in favour of Taylor, but on appeal, the court found the marks deceptively similar and ordered cancellation of Taylor’s trademarks due to the singer’s prior use of her name. The court noted that Taylor had not applied to register her mark as soon as she started her business but did so upon learning of Perry’s reputation.  Australia is a first-to-use jurisdiction on account of which Katy Perry received protection for use of the said name. Hypothetically, if a similar situation arose in a first-to-file jurisdiction, the outcome of the case may have differed significantly.  Thus, it is important to navigate global check-lists, tailoring brand protection strategies across countries to avoid legal tussles on ownership.

Another example of a trademark dispute concerns Perry Moise, record producer & hip-hop artist whose stage name ‘Burberry Perry’ was changed after a law suit was filed by fashion brand ‘Burberry’.

COPYRIGHT:

In India, the Copyright Act of 1957 governs the use of music in public performances, including in fashion shows. Entities wishing to play pre-recorded music must secure licenses from organizations such as the Phonographic Performance Limited (PPL) and Indian Performing Right Society (IPRS). Without these licenses, brands face risk of infringement actions. An example worth discussing is when PPL obtained an injunction by the Delhi High Court against the organisers of the ‘Bangalore Fashion Week’ and the Intercontinental Hotel Group, where the fashion show was hosted. Bangalore Fashion Week was sued for not paying the requisite license fee to play songs during the fashion week, and the hotel was sued for not checking up on required licenses prior to the event.

Apart from use in fashion shows, music is a necessary tool in advertisements and fashion houses often collaborate with artists to launch and promote their products. However, complications are not unusual specially when concerns over intellectual property infringement arise. For instance, Louis Vuitton found itself in trouble after Venezuelan composer accused the brand of using his music without permission in a 2021 ad campaign starring Chiara Ferragni. The claim alleged that Louis Vuitton’s version of the song copied key elements of the original composition, including its melody, harmony, and rhythm. Similarly, Sony Music filed a lawsuit against Marriott Hotels for 931 instances of copyright infringement, citing unauthorized use of its sound recordings in social media posts, including those from Marriott’s paid influencers. Another recent example is of Miley Cyrus, a renowned singer who has recently been accused of copying Bruno Mars’ 2011 track for her song ‘Flowers’. While the outcome of the suit is awaited, interestingly, brand such as GUCCI/ SEPHORA have used the song ‘Flowers’ in their fragrance advertisement. While the music artists battle rights over IP, the role and involvement of fashion houses remains to be seen as licensing agreements often form part of collaboration/brand arrangements, necessitating conversation on applicable liabilities.

Conclusion: The Sound of Fashion’s Future

As music continues to play a significant role in shaping the fashion industry, the legal framework governing their intersection must evolve accordingly. Intellectual property laws, ranging from copyright to trademark, will increasingly define how musicians and fashion designers collaborate. As this dynamic relationship expands, a clear understanding of the legalities involved will be crucial for safeguarding the rights of all creative individuals. With India’s growth trajectory gaining global attention, the influence of both the music and fashion industries within the country and beyond is expected to rise. The growing international presence of Indian fashion and music is poised to shape exciting trends, making this intersection a space worth watching closely.

About Author:

Ms. Radha Khera – She is Managing Associate at Remfry & Sagar, India, and works with the Firm’s Intellectual Property & Fashion/Luxury Law practice.

 

Disclaimer: The views expressed are of Author.

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Labeling and Law in Fashion Industry https://fashionlawjournal.com/labeling-and-law-in-fashion-industry/ https://fashionlawjournal.com/labeling-and-law-in-fashion-industry/#respond Wed, 19 Mar 2025 09:48:20 +0000 https://fashionlawjournal.com/?p=9755 The labelling of textile products and footwear is not merely a legal requirement; it represents a strategic tool for ensuring transparency, protecting consumers, and enhancing brand value. This article analyses the obligations imposed by European and national legislation, focusing on mandatory information requirements and unfair commercial practices, with particular attention to the risks of greenwashing. It also explores new opportunities offered by digital labelling and extended producer responsibility policies, providing an up-to-date overview of the challenges and opportunities for fashion industry operators.

Product labelling in the fashion industry serves a fundamental function, both from a legal and strategic perspective. On the one hand, it constitutes a regulatory obligation aimed at ensuring transparency and consumer protection; on the other hand, it is a powerful corporate communication tool, capable of conveying values such as quality, sustainability, and ethical production, thereby contributing to the brand’s identity.

In an increasingly regulated market, sensitive to the environmental and social impacts of the fashion industry, a sound understanding of labelling rules is crucial for economic operators. Proper management of the information displayed on labels ensures both regulatory compliance of the products placed on the market and enhances corporate reputation, while responding to consumers’ growing expectations.

At both European and national levels, legislation requires that textile products and footwear display mandatory information concerning, inter alia:

  • the fibre composition of textile products, pursuant to Regulation (EU) No. 1007/2011;
  • the presence of non-textile parts of animal origin;
  • the identity of the party responsible for placing the product on the market.

Labels must be drafted in a clear, legible, and indelible manner, in the official language(s) of the Member State where the product is marketed.

For textile products, the indication of the country of origin is not mandatory, unless its omission could mislead consumers, or in cases provided for by customs legislation, in particular under Regulation (EU) No. 952/2013 establishing the Union Customs Code.

In general, there are no mandatory requirements to provide information regarding care instructions, potential health and safety risks, or elements such as size and technical reference codes, unless specific sectoral legislation imposes such obligations for certain products or categories of consumers.

With regard to footwear, the legislation requires disclosure of the composition of the main components – upper, lining and insole, and outer sole – by means of pictograms or textual indications, as set out in Directive 94/11/EC, transposed into Italian law by Ministerial Decree of 11 April 1996.

In addition to regulatory obligations, labelling plays an increasingly strategic role. More and more fashion companies use this tool to communicate corporate values, tell the story behind their products, and demonstrate their commitment to environmental and social sustainability. In a market characterised by informed consumers attentive to transparency, the inclusion of voluntary information on labels constitutes a competitive advantage.

Among the additional information commonly displayed are recognised sustainability certifications, such as:

  • Global Organic Textile Standard (GOTS)
  • Oeko-Tex Standard 100
  • Fair Trade
  • Cradle to Cradle Certified

However, it is essential that such information be truthful, verifiable, and not misleading. The communication of unsubstantiated environmental claims (so-called greenwashing) constitutes an unfair commercial practice under Articles 20-27 of the Italian Consumer Code (Legislative Decree No. 206/2005) and may also amount to a violation of Regulation (EU) 2024/825, which introduces specific prohibitions on misleading environmental claims (Green Claims Regulation).

Regulatory and technological developments are also driving the fashion sector towards more transparent and interactive forms of labelling. The use of QR codes, NFC technologies, and blockchain systems today allows consumers to access, in real time, detailed information regarding the origin of raw materials, production chains, environmental certifications, and product authenticity.

At the same time, certain Member States of the European Union have introduced an Extended Producer Responsibility (EPR) scheme for the textile sector, obligating producers to bear responsibility for the management of waste deriving from their products at end-of-life. At the European level, the legislative process is currently underway to amend Directive 2008/98/EC (Waste Framework Directive), with the aim of making textile EPR mandatory in all Member States. This measure is also envisaged in the Ecodesign for Sustainable Products Regulation (ESPR), an integral part of the European Green Deal and the Circular Economy Action Plan (CEAP 2020).

In conclusion, labelling in the fashion industry is far from being a mere bureaucratic fulfilment; it is a key element to ensure product compliance, safeguard consumer rights, and strengthen the credibility and reputation of companies. Transparent, accurate, and strategically managed labelling enables brands to stand out in the market and build consumer trust, which is increasingly conditioned by concerns for quality, ethics, and the sustainability of the products they purchase.

 

 

References

  1. European Union Regulation on Textile Labeling (EU No 1007/2011)
  2. U.S. Federal Trade Commission (FTC) Textile and Wool Acts
  3. Global Organic Textile Standard (GOTS) Official Guidelines
  4. Oeko-Tex Association Guidelines for Standard 100 Certification
  5. Fashion Transparency Index 2023, Fashion Revolution
  6. Extended Producer Responsibility (EPR) Regulations in the European Union
  7. McKinsey & Company: The State of Fashion 2024 Report

 

AUTHORS: 

STEFANIA GALLO

Stefania Gallo is a legal professional specializing in the fashion and luxury sectors, with a solid academic background and focused experience in the legal issues affecting these industries. She graduated in Law from the Alma Mater Studiorum – University of Bologna, where she wrote her thesis on Civil Procedural Law, exploring precautionary protection within the luxury industry.

As a specialist in Fashion Law, Luxury Law, and Intellectual Property, Stefania combines legal expertise with a keen focus on emerging issues in the sector. She has honed her skills through numerous specialized courses in areas such as artificial intelligence, blockchain, and international arbitration, delving into new legal frontiers for these industries.

She has been a speaker at fashion law conferences in Italy and internationally, offering insights from an Italian legal perspective on topics of global interest.

Stefania is also the founder of Fashion Law Italia, the first Italian platform dedicated to legal dissemination in the fashion industry. This project merges strong legal expertise with a deep understanding of market dynamics.

ANUJ KUMAR

Anuj is also Founder & editor-in-chief of Fashion Law Journal, an exclusive resource for legal issues involving the fashion industry. Anuj has been assisting fashion brands in Compliances required for Fashion Industry, the issues of Licensing, Merchandising, and protecting IP, Labour, and the Rights of stakeholders. Anuj is also founder of Legal Desire Media (among leading legal industry insights media with over 3 Million+ readership), having experience of 12 years in Publishing, Compliances, Business Development & Marketing, closely working with over 50+ global brands, influencers & law firms in various practices for comprehensive business development solutions, empowering small firms to successfully build their brands,  connect with consumers to grow their practice. Serving clients in brand setup, industry compliances, managing their digital properties, business Development goals & Corporate Communications, etc. Know more at www.fashionlawyer.co

 

 

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Best Hair Color Choices for Different Skin Tones in Photography https://fashionlawjournal.com/best-hair-color-choices-for-different-skin-tones-in-photography/ https://fashionlawjournal.com/best-hair-color-choices-for-different-skin-tones-in-photography/#respond Wed, 19 Mar 2025 07:52:36 +0000 https://fashionlawjournal.com/?p=9750 Have you ever wondered why some individuals radiate brilliance in photographs while others appear drained? The answer frequently lies in the harmony between their hair color and skin tone. Discovering this perfect balance can elevate ordinary snapshots into captivating portraits. For those not naturally blessed with their ideal shade, utilizing a photo hair color changer can provide visual previews of various options before taking the plunge with permanent dye.

Selecting appropriate hair color transcends merely following popular trends — it requires comprehending what specifically enhances your distinctive complexion. Let’s explore both the scientific principles and artistic elements behind selecting flattering hair colors for various skin tones when capturing those memorable images.

For Fair/Light Skin with Cool Undertones

Pale complexions featuring pinkish or bluish undertones can appear particularly striking with:

  1. Ash blonde variations that minimize unwanted warmth introduction.
  2. Platinum blonde creating bold contrast without diminishing natural coloring.
  3. Cooler brown shades such as mushroom or ash brown providing depth without overwhelming heaviness.
  4. Burgundy or plum tints for those seeking dramatic transformation without harsh results.
  5. Silver or pearl accents that harmonize with inherent coolness.

These cooler-spectrum hues prevent complexions from appearing excessively flushed in photographs. Tools available through RetouchMe allow visualization of these potential colors on existing images before committing to permanent alterations.

Light reflects distinctively across cool-toned hair colors, establishing balanced harmony with fair cool-toned skin that translates exceptionally well through camera lenses.

For Medium Skin with Warm Undertones

Medium complexions featuring golden, peachy, or yellowish undertones blend beautifully with:

  • Golden or honey blonde shades enhancing natural warmth characteristics.
  • Caramel or toffee highlighting techniques creating dimensional depth and luminosity.
  • Rich chocolate browns featuring subtle reddish undertones.
  • Copper or auburn variations that brighten facial features.
  • Golden ombré effects lightening features without overwhelming the overall appearance.

These warm-spectrum hair colors reflect light in ways that render medium skin luminescent in photographic captures. The complementary relationship between these hair colors and warm-toned skin generates natural radiance that photographs exceptionally well.

For Deep Skin Tones

Deeper complexions offer remarkable versatility, supporting both dramatic contrasting elements and subtle enhancement techniques:

  • Rich espresso or blue-black shades for pronounced definition.
  • Vibrant burgundy or merlot red tones capturing light reflection beautifully.
  • Caramel or honey highlights strategically positioned to frame facial features.
  • Deep violet undertones creating fascinating dimensional aspects across various lighting scenarios.
  • Mahogany brown with subtle warmth elements enhancing darker skin tones.

The contrast between deep complexions and strategically selected hair colors generates stunning visual interest in photographic works. For those uncertain about optimal shade selection, RetouchMe provides digital tools for testing various options before salon appointments.

Lighting conditions significantly influence how these combinations translate into images, so testing across various environments ensures satisfying outcomes.

Practical Tips for Testing and Photographing New Hair Colors

Discovering your ideal match involves experimentation and understanding color translation into photographic media. Consider these success strategies:

  • Evaluate potential hair colors under varied lighting conditions — natural daylight, sunset/golden hour, indoor artificial lighting, and flash photography each affects color appearance differently.
  • Account for seasonal complexion changes — colors working beautifully during summer months might require adjustment during winter periods.
  • Request temporary coloring options from stylists before permanent commitment
  • Utilize accessories in potential hair colors near facial areas to gauge complexion interaction.
  • Recognize that camera settings, white balance, and post-processing can alter color appearance in final images.

The intricate relationship between hair color, skin tone, and photographic representation requires thoughtful consideration, but mastering these elements leads to consistently flattering results. Understanding these fundamental principles transforms not merely your appearance but also your confidence before the camera.

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ADIDAS VS. SKECHERS (2015-2019) https://fashionlawjournal.com/adidas-vs-skechers-2015-2019/ https://fashionlawjournal.com/adidas-vs-skechers-2015-2019/#respond Sat, 15 Mar 2025 04:30:20 +0000 https://fashionlawjournal.com/?p=9742 Introduction

Fashion plagiarism is increasing in the fashion industry across the world, and companies frequently charge their competitors with plagiarizing designs. Imitation has long been a component of fashion, but fast fashion and mass manufacturing have worsened the problem. Fashion designers dedicate a great amount of time and effort to design exclusive items, but the fashion design protection varies by nation and is not a simple task to pursue. Compared to book or painting, clothing and shoes involve use along with fashion, rendering it hard to subject it to copyright protection. Instead, designers usually resort to trade dress and trademark protection in order to protect against infringement of their brand image.

One of the best-known fashion trademark and copyright cases is the Adidas vs. Skechers case (2015-2019). The case is significant as it illustrates the application of copyright, trademark, and trade dress law to fashion. Although copyright defends artistic creations, trademarks and trade dress assist in defending the identity of a brand. The case provided a significant example of how courts address claims of design copying in fashion. This paper will examine the legal arguments, design comparisons, and ultimate decision to determine whether Skechers illegally copied Adidas or whether the similarities were merely common industry trends.

Case Background

The Adidas vs. Skechers case was a dispute between two major footwear brands: Adidas, a well-known global sportswear company, and Skechers, a California-based brand known for making affordable shoes inspired by popular designs.

In 2015, Adidas brought a lawsuit against Skechers in the U.S. District Court for the District of Oregon, alleging that Skechers had infringed on two of its iconic designs—the Stan Smith sneaker and the three-stripe trademark. Adidas contended that Skechers’ “Onix” sneaker was nearly identical to the Stan Smith, with the same shape, perforated stripes, and green heel. Adidas also accused Skechers of ripping off its three-stripe logo, a registered trademark, that it claimed might confuse consumers and dilute its brand identity.

Adidas’ complaint was on the grounds of trademark infringement under the Lanham Act, alleging that Skechers’ identical designs would confuse consumers. The case also involved a trade dress infringement since Adidas claimed that Skechers had imitated the overall appearance of the Stan Smith sneaker, making it difficult for shoppers to differentiate between brands. Adidas further charged Skechers with unfair competition and “passing off,” i.e., Skechers was supposedly attempting to capitalize on Adidas’ already established reputation.

Legal Framework Analysis

Under U.S. copyright law in the form of the Copyright Act of 1976, useful articles such as clothing and footwear are not afforded protection. Since the design of the Stan Smith sneaker itself—white leather upper, perforated stripes, green heel tab—is functional in nature, Adidas was not able to depend upon copyright protection. Rather, it employed trademark and trade dress protection to safeguard its brand identity.

The Lanham Act (15 U.S.C. §§ 1051 et seq.) formed the primary basis of Adidas’ claims. Under 15 U.S.C. § 1114, Adidas charged Skechers with trademark infringement, contending that the Onix sneaker resembled the Stan Smith too much, causing confusion among consumers and damaging Adidas’ reputation. Adidas further alleged trade dress protection (15 U.S.C. § 1125(a)) in that the Stan Smith’s appearance was distinctive and distinctive enough to qualify as protectible under law. Adidas contended that Skechers borrowed these aspects and made it more difficult for customers to differentiate the brands.

Additionally, Adidas brought trademark dilution (15 U.S.C. § 1125(c)), alleging that Skechers’ Onix sneaker diluted the distinctiveness of the Stan Smith model. Unlike trademark infringement, dilution does not require evidence of consumer confusion—only that a celebrity mark’s distinctiveness is being undermined. Adidas also charged Skechers with unfair competition and passing off (15 U.S.C. § 1125(a)), arguing that Skechers deliberately borrowed Adidas’ designs to profit from its fame and mislead buyers.

This case was influenced by some important legal precedents. In Adidas America, Inc. v. Payless Shoesource, Inc. (2008), Adidas prevailed with a $305 million judgment against Payless for the sale of shoes featuring analogous three-stripe designs, strengthening trademark and trade dress enforcement for footwear. In Louboutin v. Yves Saint Laurent (2012), the court held that unique fashion features—like Louboutin’s red-sole design—could be eligible for trademark protection, affirming the significance of trade dress in fashion law. Finally, Star Athletica, L.L.C. v. Varsity Brands, Inc. (2017) held that fashion designs may be copyrighted as long as they were separable from the garment’s functional element. Although this decision centered on cheerleading uniforms, it clarified that some elements of fashion design could qualify for copyright protection under certain circumstances.

Comparison Of Design

The Adidas and Skechers case was centered around the close similarities between Adidas’ Stan Smith sneaker and Skechers’ Onix sneaker, and also on Skechers’ adoption of a three-stripe design from Adidas’ trademark.

The Adidas Stan Smith sneaker is widely recognized by a clean white leather upper, three rows of perforated stripes, and a green heel tab, making it a familiar sight. Skechers’ Onix sneaker also incorporated most of these same elements—a white leather upper, a green heel tab, and the same pattern of perforations. Adidas alleged that Skechers had duplicated its design to deceive consumers and benefit from its reputation. Adidas further contended that Skechers’ application of three-stripe-like designs on other shoes infringed its trademark.

While Skechers’ design was not a duplicate, Adidas maintained that the general appearance, form, and main elements of the Onix sneaker rendered it a blatant imitation instead of merely a generic sneaker design. Adidas asserted this similarity would mislead consumers into believing Skechers is Adidas and diluting its brand identity.

For its part, Skechers refuted imitating Adidas, insisting that its design was merely an adaptation of overall sneaker fashion, not Adidas’ particular style. Skechers contended that white tennis shoes with colored accents at the heel had been around for decades and were not Adidas-specific. It further insisted that consumers could distinguish the two companies easily.

Final Legal Opinion

The court sided with Adidas, preventing Skechers from selling the Onix sneaker. This ruling established the significance of trademark and trade dress protections in fashion, demonstrating that even slight design similarities could give way to legal action.

Adidas won by claiming that the unique aspects of the Stan Smith shoe—its simple form, perforated lines, and green heel stripe—had become a trademark of the company, not just a run-of-the-mill shoe design. The court determined that Skechers’ Onix shoe was too close to the Stan Smith and would confuse consumers and violate Adidas’ rights to trade dress under the Lanham Act. Moreover, Skechers’ adoption of a three-stripe-like look on other collections was regarded as diluting the brand image of Adidas, and this made the position of Adidas even stronger.

Skechers claimed that its design only inspired from general sneaker designs, but the court held that the similarities tipped over into inspiration and gave an unfair edge to Skechers through utilizing Adidas’ popular brand image. The case was settled confidentially in 2019 and most likely involved Skechers halting production of the contested designs. This was a significant legal victory for Adidas in defending its brand.

This case emphasizes the boundaries of fashion copyright, where artistic pieces are protected but functional products such as shoes and garments are not. Governments can introduce reforms such as the EU’s unregistered design rights to enhance intellectual property (IP) protection. Strengthened enforcement of trade dress must be applied to fight brand dilution and counterfeiting. Quickened IP registration can help brands fight back on their designs in the fast-changing world of fashion. Since fashion is a global business, stronger global IP protection is needed to avoid confusing consumers globally with counterfeit products.

 

Author:

Sidratul Muntaha is an academically driven fourth-year BA LLB student at GGSIPU, dedicated to excellence in legal research and writing. Sidratul’s interests span corporate and financial regulation, criminal justice, and the intersection of fashion and law, where she brings a unique legal perspective to a creatively dynamic industry.

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The Beauty and the Beckham: A Legacy in Luxury https://fashionlawjournal.com/the-beauty-and-the-beckham-a-legacy-in-luxury/ https://fashionlawjournal.com/the-beauty-and-the-beckham-a-legacy-in-luxury/#respond Thu, 13 Mar 2025 05:30:47 +0000 https://fashionlawjournal.com/?p=9738 Burgeoning Beckham Beauty

Be it the illuminating Morning Aura moisturizer and primer or the glowy Modern Mercury Highlighter birthed by the magnificent collaboration between Estee Lauder and Victoria Beckham in 2017[1], the beauty world gasped in utter admiration. Fast forward to 2019, when Posh Spice aka Victoria Beckham elevated the cosmetic charcuterie by unveiling her niche beauty brand- Victoria Beckham Beauty. A closer look at Beckham’s marketing strategy reveals how she transformed her reputation for elegance into a luminous luxury brand. The celebrated fashion designer’s expedition into the domain of beauty products has been a sensational soiree, toasting to cleaner, greener and classier beauty routines. In a field that has been particularly characterized by monopolistic forces, fierce strategies and a compelling prospective, the Beckham Beauty brand has been successful in brewing a pleasant review around the world. The brand’s marketing strategies reveal a multifold approach to ensure consumer satisfaction and foster the formula of perfection in all the products.

The Digital Honeycomb

One glance at the marketing tycoon of any beauty brand- the VBB website, donning earthy hues and matte tones, provides umbrella navigation to all product ranges, inclusive of fashion as well. This approach leads to twofold benefits enhancing brand visibility and facilitating seamless user shopping experience. The burgeoning revenue by 44% in 2022 (through the Mango collaboration)[2] stands as a testament to the rigorous brand upliftment endeavors taken. The brand entered 2023 with a commendable double-digit growth trajectory supplemented efficiently by the fascination stirred by the Netflix documentary ‘Beckham’, which was followed by Victoria Beckham’s social media handles overflowing with followers. On the flip side, with each dawn declaring a new reigning beauty brand, VBB could cultivate more user interactive features and algorithms on its website, including personalized beauty quizzes and tailored marketing messages to its loyal consumer base to enhance consumer loyalty and cater to global foliage of new clients. Continued and increased emphasis on building a brand community will ensure a prosperous customer basis for futuristic brands like Victoria Beckham Beauty.

The DTC approach

With new seasons welcoming new launches and ultimately leading to the creation of a pool of products and swarms of confused yet excited buyers, VBB decides to stray away from the conventional cyclical launches and present an amalgamation with frequent and limited launches to cajole the anticipatory levels of the consumers. One of the cornerstones of VBB is its direct-to-consumer (DTC) strategy, which allows the brand to control pricing, ensure a pleasant shopping experience, and shape its narrative. By engaging directly with customers, VBB offers a unique shopping experience through an easy-to-use website and premium customer service. However, despite the rise of online sales, unanimity amongst studies reveal that majority of consumers still prefer browsing in shopping malls and familiarizing themselves with products before purchasing. Brands like Goop have successfully blended physical stores with their online presence, creating a multichannel approach with broad appeal. Strategic placement of luxury stores globally enhances branding and provides a tangible customer experience. By attracting traditional clientele who favor offline shopping, VBB could draw these customers to its luxury locations, further strengthening its market position. A combination of physical and digital sales channels would increase VBB’s market share and customer goodwill, allowing the brand to cater to a broader range of client preferences. With a stronghold on direct consumer engagement, VBB now turns to the power of partnerships, leveraging collaboration culture to elevate its brand presence.

Zooming in on Collaboration Culture

While VBB’s face card- Victoria Beckham, herself remains the undisputed queen of being the crème de la crème in the beauty and fashion industry, the brand’s marketing strategies have typically revolved around creating a niche for inclusivity, sustainability and beauty- all through the portals of luxury. With the ever-growing PR trends and influencer collaboration coaster, deploying a marketing army has some major benefits as witnessed by another leading beauty brand birthed in the same year as VBB- Rare Beauty. Such influencer-led ambassador programs and ventures play a pivotal role in shaping the brand’s consumer base and type. Pop-up events and grassroots-level interaction would provide the brand with higher levels of consumer engagement and heightened experiences. However, a shift in the perspective would provide that perhaps centralizing the brand’s identity and carving a strata-centric consumer base underlies the essence of its ventures.

Details, Details, Details

The brand exemplifies luxury at all steps- ranging from the online surfing and shopping experience to the packaging of the product. What sets the brand apart from other luxury beauty brands in the arena is the holistic commitment to detail and building on the client’s awareness regarding the brand’s perennial commitment to excellence. This obsession with attention to detail is based on the premise of the founder’s clear vision of finding something that did not exist before, and VBB has made sure, either through marketing campaigns or interviews with the creative directors and even Beckham herself, that the client is well versed with the degree of trials a product is put through to achieve the pinnacle of excellence.

The Deeper Folds

A meticulous study into the brand’s vision is well reflected in its purposeful marketing tactics that aim to spread purposeful and scientifically backed beauty. While skimming through brand strategies might lead to similar conclusions, VBB’s collaboration with Augustinus Bader[3] for the super supple and scientifically luxurious range of skincare products caters to the categorical needs of the consumers. A noteworthy highlighter in the entire prospectus of the skincare range is how the brand has specifically concocted items that respond to modern environmental stressors which provide a competitive edge to the brand.

Conscious Calls

Claims of clean beauty, sustainability, and cruelty-free products serve as compelling attractions for conscious consumers who prioritize ethical fashion and deeply value the harmony between social responsibility and beauty. VBB’s products are invariably a result of an arduous journey with minimal carbon footprints. Another initiative that could potentially aid the brand in strengthening its ethical goals further would involve incorporating greater transparency in its supply chains by revealing more information surrounding production processes.

The True Beauty Mantra

Victoria’s healthy lifestyle philosophy forms the cornerstone that sets apart her beauty products. Her widely publicized commitment to unleashing one’s best potential is the pinnacle of her marketing endeavors. Her repeated emphasis on the beauty brand being a “scratch on the surface”[4] to achieving one’s exalted version goes a long way in transforming the clientele’s outlook from being focused on transient outer beauty to embracing and flaunting inner beauty. VBB highlights itself as a high-end beauty brand that maximizes traditional cosmetic utility experiences.

The Beckham Brand

Another key contributor to the success of her beauty brand is the wide fascination and respect for ‘Brand Beckham.’ David Beckham’s global career set up the foundation for building a base away from home. 2024 has also witnessed the persistent glory associated with the duo through the Super Bowl ads for Uber Eats. What pushes the aspirational consumers to get their hands on a VBB cosmetic is largely attached to the walking master class Victoria herself is. She presents a juxtaposition of desires- in one instance she is reserved, posh and elegant on the front row of a fashion show, and on the other, she is posing without a care in pajamas on the ‘gram. The sculpting of her brand is largely attributable to how effortlessly relevant and relatable Victoria has remained through inspirational confidence and embracing herself. Clinging relentlessly to authenticity and having no presumptive sense of entitlement as to the success of her ventures indeed markets the genuine intent of Victoria Beckham Beauty as well as the hard work put in by the curators. What is, is and what isn’t, isn’t? This makes brands look endearingly powerful and committed to wanting the best for their customers. The personal branding shows the duo as a powerhouse for authenticity, adaptability and consistency.

The Legal Veil of Luxury
Beyond the shimmering allure of luminous highlighters and precision-crafted lip definers, Victoria Beckham Beauty stands as a testament to the intricate legal tapestry governing the luxury beauty industry. Trademark fortification ensures that the brand’s distinctive identity remains impervious to counterfeiting, while diligent adherence to regulatory frameworks such as the EU Cosmetics Regulation and FDA guidelines upholds consumer trust. The brand’s ‘clean beauty’ claims rest on a foundation of rigorous compliance, ensuring transparency in ingredient sourcing and formulation safety. As the industry tightens its grip on green washing and deceptive marketing, VBB’s commitment to ethical luxury is not just an aesthetic pursuit—it is a legally fortified promise of integrity.

Refined Beauty Defined

Although Victoria Beckham Beauty is using a beautiful confluence of conventional and modern methods of marketing, the brand in itself speaks volumes. The long, creative gestation periods, soft launches, reminiscent color palette of the 90s and an eternal commitment to elegant luxury codify what, how and where the brand provides. While initial internal calls may prompt beauty enthusiasts to stick with their brand choices, a single foray into VBB would make anyone want to stay. The brand and the brand leader empower and elevate through aspirational luxury and embracing one’s truest self. Victoria Beckham’s excursions in the domains of skincare and her experimentations with perfection are, in reality, the true market drivers for the brand. Victoria Beckham Beauty isn’t just a brand—it’s a movement, redefining luxury with purpose, elegance with authenticity, and beauty with a lasting legacy.

References: 

[1] The Estée Lauder Companies Inc., Press Release, The Estée Lauder Companies Inc. (Apr. 15, 2016), https://www.elcompanies.com/en/news-and-media/newsroom/press-releases/2016/4-15-2016

[2] Chavie Lieber, What the Mango Collaboration Means for Victoria Beckham’s Business, Business of Fashion (Mar. 6, 2023), https://www.businessoffashion.com/articles/luxury/what-the-mango-collaboration-means-for-victoria-beckhams-business/.

[3] Samantha Conti, Victoria Beckham’s Big Bet on Beauty, WWD (Mar. 16, 2022), https://wwd.com/feature/victoria-beckham-big-bet-on-beauty-1234978542/.

[4] Arden Fanning Andrews, Victoria Beckham Beauty: What’s Next?, Vogue (Mar. 30, 2023), https://www.vogue.com/article/victoria-beckham-beauty-whats-next.

Author Name: Aastha Kastiya

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