Intelektual Prop Presents: A Fashionable Game Theory

Maison Martin Margiela for H&M Set to Drop

noreply@blogger.com (IntelektualProp) — Sat, 20 Oct 2012 01:05:00 +0000

So the collaboration between Maison Martin Margiela and H&M is set to drop in November and I am wondering if I will wait in line for this collaboration like I did for the Versace for H&M collaboration. Some of the pieces look quite eccentric, at least for the ladies but the men's wear is contemporary enough for me dawn a few pieces.

Here, I have posted a couple of pieces I am interested in. Trying to get my grown and sexy on, with this sheep faux coat. The best thing I like about these collaboration is the garments are inexpensive, its affordable. Hopefully, there not a long line Roseville, like the one I had to stay in Orlando for. For whatever it is worth, I am on it.

For more information and a look at their woman's line click, here.

Laduma Ngxokolo and The Influx Of Contemporary African Fashion.

noreply@blogger.com (IntelektualProp) — Wed, 12 Sep 2012 02:25:00 +0000

Coincidently, staying on the topic of all things fashionable coming out of South Africa. By means of a 419 blog I posted which was liked and reposted by someone who loves of Ghana, I happened to tumble upon this hat designed by Laduma Ngxokolo, a dope South African textile designer. Laduma is embracing traditional African patterns, inspired by the Xhosa culture and transcribing them onto knit ware, creating his own contemporary culturally infused look. His patterns are vibrant with color and dripping with an ethic flare and his process has him winning all sorts of awards and design competitions.

It seems like African inspired patterns is slowly but surely being embrace by the fashionable mainstream and westernized worlds. Already we’ve seen an influx of mud cloth accessories and garments in department stores such as Urbran Outfitters. Not to mention, musician such Jay-Z and Pusha T, Yasin Bey (Mos Def) embracing Afrocentric accra inspired high end street ware brand like Ale et Ange, pronounced ah-LAY ay ahnj, founded by some African Americans (First generation Africans in America). Hat below.

Nonetheless, the continent of Africa and its designers, are making room for themselves in the fashion world, as they rightfully should. Traditional African attire has always been colorful, vibrant and unique. I have been so lucky to be born within a rich Nigerian culture, allowing me to be apart of textiles and patterns first hand. Now all I am waiting for is full western embrace, more contemporary infusion and longevity. I do not want this to be just the flavor of the month or season.

Check out this video of Laduma Ngxokolo speaking, at last years Design Indaba 2011. You can also check out his website.

I just appreciate how we can inspired and be inspired any and everything. Let our african history, roots, and culture, style be preserved and modernized to suit our fashionable taste.

On another tip, I do wonder, strictly, as a freelance marketer, master in business holder, future retail apparel entrepreneur; are these knit selling well in South Africa. What other markets is he in. I'm sweating just viewing his knit ware lines.

The Most Fashionable Prisoner's Number

noreply@blogger.com (IntelektualProp) — Tue, 24 Jul 2012 19:00:00 +0000

Apparently, it is never too late to step into the wonderful world of fashion. Well, it is never too late to use your name for the sake of fashion that is. Especially, if your name is one of the most recognizable names around world but in this case it is the most recognizable prisoner number. In recent news, South Africa’s former president Nelson Mandela will be debuting his clothing line at 46664 pronounced ‘four, double six, six four’ at New York fashion week. The number 46664 was Nelson Mandela’s prisoner number when he was jailed on Robben Island, which is off the coast Cape Town, South Africa in 1964. Now, he has decided to use it for social change and awareness through fashion.

Nelson Mandela does not have a direct role in the clothing company; his name is used more for iconic inspiration, which helps the designers to channel Mandela’s message of social change and upliftment. The clothing company primarily operates in South African with a percentage of the sales going to Mandela’s 466/64 Foundation.

The clothing line has an Afrocentric theme and plans to use Mandela’s fame as a stepping-stone into the American fashion market without commercializing his name. I say, good luck with that. I can see his clothing line being sold in Macy’s, then Ross, as we speak. I feel it will be hard not to commercialize his name if you are cultivating a fashion brand out of it. Luckily, it is just his prison number that will become commoditized. However, I will give the brand its ‘kudos’ because there are not a lot of clothing companies that have a philanthropic message but they do exist. I just hope that the brand does not die out or just becomes a trend, similar to a celebrity adopting African baby. Nevertheless, I do like the message and I wish for the brands longevity. They just better bring some creativeness within their message and mission.

Maison Martin Margiela with H&M

noreply@blogger.com (IntelektualProp) — Wed, 11 Jul 2012 19:32:00 +0000

As I have grown older the thrills and excitements for everything fashion has subsided a bit. Initially, I was all about the label, brand and maybe even endorsements however, I have matured a little in style. My maturity could be by default. Meaning, because of my own personal recession brought on by being a full time student. I have now been forced to change my spending habits. Therefore, until I get out of this personal recession I will buy clothing apparel and shoes based on the price being just right, other wise known as the “sale”. Furthermore, I am trying immerse myself in the axiom that, “the clothes do not make man”. Instead, I want to be the man that makes the clothes and sells them. Nevertheless, I still have my days in which the occasional fashionable thrill may rear its hyped head.

Here, the fashion thrill comes by way of the recent announcement that Swedish fast fashion company H&M holiday will be collaborating with high-end French fashion house Maison Martin Margiela. I love the fashion pairing of low-priced fast fashion meets prestige and couture. On June 12^th, Maison Martin Margiela confirmed that they would be collaborating with H&M and releasing the line November 15^th, 2012 for the holiday shopping season.

Last year, I was lucky enough to be apart of H&M holiday collaboration with high-end Italian fashion house Versace. I had to be at H&M Flagship store at Orlando’s Florida Mall pretty early in the morning. The event was pretty hyped throughout the nation and then internationally due to a European online release only. As soon as the doors open customers filled the store trying to grab the hottest items available. I predict the same kind of excitement and chaos for the Maison Martin Margiela collaboration.

The best part about these collaborations is price. The most expensive item during the Versace collaboration was a little over $299, for a faux leather jacket. Furthermore, these collaborations are limited runs, essentially making it a collectors item the minute it leaves store. A Versace/H&M leopard print jacket MSRP for $129 made popular by Kanye West and Swizz Beats is now worth $799 on eBay.

I hope that this, up and coming collaboration has exciting and stylish men’s line as well as the women’s line so I can grab a few items. So far based on the YouTube video Maison Martin Margiela released, their collection will at least consist of a women’s sweater dress and trench coat. Nonetheless, I am quite excited and can’t wait to line up 6 o’clock in the morning a long with all the other fashionistas. Yay!

The Tale of Two Investors: The Business Plan Part Deux

noreply@blogger.com (IntelektualProp) — Wed, 20 Jun 2012 22:42:00 +0000

In my last post I discussed the importance of a business plan from two expert angles, Kevin Ryan founder of Gilt Groupe and Daymond John founder of FUBU. I mentioned that I found it ironic that two different men with two entirely different backgrounds both became financially successful using different methodologies they learned from their education or lack there of. As they progress in the business world their standpoints or views on writing and reviewing business plans changed. I stated that I had agreed with their take and opinions but it seems it is best to find some sort of middle ground. I came down to the conclusion that it is best to write up a business plan but also it is best to know your market.

Unlike Daymond, Kevin feels that a business plan is not needed if you know the market or business exceptionally well. Moreover, Daymond’s success was not necessarily founded on a business plan but on the execution of an idea. That execution of an idea is what Kevin feels is far more important than a business plan. In the business fashion retail or fashion design, entrepreneur decided to create the product first then sell it. They establish the business fast without planning out the details with a business plan. They have a concept and an idea they are trying to bring to fruition. Some are successful most are not. I believe writing a business plan is purely for direction and organization. I furthered state that a business plan is for your investor. A document presented to a potential investor to show him or her how serious you are. However, if I had the capital or income to a fund a business idea or venture there is strong possibility I would not create a business plan if I knew my market or business well which I feel that I do know the retail apparel industry fairly well. Nevertheless, I believe in a plan of action and back up plan. Plus, I know the blueprint of a business plan is not necessarily set in stone.

My knowledge or experience in a particular market and the need of funding for a business venture or idea will dictate whether or not I feel the need to write a business plan. I feel Kevin Ryan and Daymond John started their business ventures without initially writing up a business plan. Once they became investors themselves they expect a level of seriousness and organization from entrepreneurs who want them to invest in their idea. Therefore, I believe it is important for me to write up a business plan because I want to be viewed, as a serious entrepreneur and also my educational background would warrant some structure. The only thing I need to develop or change is my execution of an idea.

The Tale of Two Investors: The Business Plan

noreply@blogger.com (IntelektualProp) — Thu, 31 May 2012 19:58:00 +0000

Kevin Ryan is the founder and CEO of Gilt Groupe, a fancy, one stop internet shop that offers over 3.5 million members elegant merchandise, stylish fashions, home decor, delicatessen food. They also have Jetsetter.com that offers discounted but luxurious travel to places like treehouse hotels in Kenya or iceberg hotels in Europe and activities like white water rafting in the Colorado. He is an angel investor in Theladders.com. Not to mention, the founder of a network of affiliated Internet companies, one of which is The business Insider under the AlleyCorp and he is the chairman. Kevin is a Yale graduate and has a MBA from INSEAD. Given his economic and business mindset Kevin Furthermore, he doesn’t particularly believe in writing business plan and for good reason. He acknowledges his way of thinking is flipped. Kevin basically feels if you know your business or market you do not need to develop a business plan for it. Kevin Ryan further explains that everybody has an idea, so it is about your execution of the idea that creates success. Essentially nothing is new under the sun. He explains before Google exploded on the Internet search engine front there were several other search engines. They had to execute that idea differently. Kevin likes to focus on the employee development and the constant execution of idea. If the execution of an idea needs to be modified then modify it. He feels it’s about recognizing that you have a good idea; whether is it a specific enough market and having good people behind you. He eschews business plans that just focus on the financials and fails to tackle the in outs of the specific market.

However, Daymond John, of the angel investor show, Shark Tank or the FUBU fame, may have a different opinion on business plans and its usage. Hailing from Brooklyn, New York and with only a high school degree, Daymond founded the fashion urban brand FUBU and turned it multi billion-dollar global company. He suggests that the best-laid plans are a good business plans. On Daymond website’s Power Journal page, he gives an analogy, explaining that a business plan is a “roadmap, personalized just for you, that is going to guide you from where you are now, to where you want to be.” It will help you to not only fully understand your company but allow you to get you foot in the door and giving others a glimpse into what you are trying to create. According to him a good plan includes all the necessary contents; description of the business, products and services, structure and management, an analysis of the market, and financial documents. Daymond John seems more core and structure with his approach to business plans and starts up.

I find it ironic that two different men with two entirely different educational backgrounds but both financially successful have such different standpoints or views on writing and reviewing business plans. I agree with both of their methodologies but it seems it is best to find a middle ground. Essentially, write up a business plans but know the in and outs of your plan and focus on your market. I think both men could testify to that.

If you want to watch the video in its entirety, click, The business Insider.

Karmaloop Hype

noreply@blogger.com (IntelektualProp) — Thu, 17 May 2012 01:08:00 +0000

In 2000, Greg Selkoe, a young Bostonian with an undergraduate degree from Rollins College in Winter Park, Florida, launches an online streetwear store named Karmaloop.com amidst the dot.com bust but survives the crisis in epic fashion (pun intended). The Karmaloop hype is based upon the company striving to bring their consumers a plethora of the freshest, trendiest streetwear brands and styles. A decade and some change later, the company has grown tremendously. According to Alexa.com, Karmaloop has over 4.5 million unique visitors monthly and is ranked the 1,450th most visited website in the US.

Karmaloop.com has been featured in financial publication such as The Wall Street Journal, Entrepreneur and The New York Times. Karmaloop.com recently inked a distribution deal with GSI Commerce; an Ebay subsidiary is a leading provider of ecommerce and interactive solutions, which enables Karmaloop to distribute their apparel and products more efficiently to their consumer base. This will allow Karmaloop to expand globally.

Karmaloop.com progression is remarkable, last month KarmaloopTV.com announced the launch of their new second-generation video platform. Essentially, a re-launch of KarmaloopTV.com, meant to chronicle the “verge” movement, which is a youth movement, comprised of multi-racial, tech savvy consumer. According to MarketWatch.com, the launch of Karmaloop TV second generation multi video platform gives their audiences, “a high-definition street-level look at emerging "Verge" culture phenomena, delving into politics, fashion, music and lifestyle issues with exclusive interviews that showcase iconic artists, musicians, designers and brands and delivering behind-the-scenes access to events and parties.” Karmaloop TV has various channels that features original curated content from brands, record labels and celebs like Pharrell Williams.

I find it pleasantly ironic that Karmaloop CEO Greg Selkoe, graduated from Rollin Colleges in Winter Park, FL given that I am currently attending Full Sail University in Winter Park, Fl. It is somewhat of inspiring story if you ask me. Especially, given the fact that I have similar entrepreneurial dreams dabbling in street wear fashion, tech and new age media. Honestly, I have always been a fan Karmaloop.com. I have followed the Karmaloop hype watched their progression from an online retail store to somewhat of an online community. It is only fitting that they evolve as a retail store and cater to an ever so savvy, global socially aware consumer.

Fashion Analytics, Digital Linguistic and Kinectic Scanning

noreply@blogger.com (IntelektualProp) — Wed, 09 May 2012 04:15:00 +0000

As I pursue an entrepreneurial dream to open a retail boutique somewhere in California I often contemplate, strategize and methodically plan ideas in which to incorporate technology into the business idea in order to generate a buzz or I guess "disrupt fashion". Here, I am thinking about web 3.0, phone apps and interactive website/blog. However, I may have been thinking too small based on what I recently read on Forbes online.

According to the Forbes’s article, New York's Fashion World Discusses Technology Disruption, written by Timo Elliott, I need to think about incorporating scanning the body via Microsoft Xbox Kinect and Sony PlayStation Eye. I could create an interactive closet online suited to your size and fit. Although, this is idea has been a long time coming. Yea, ever since I saw Cher’s closet I imagine the same thing for my closet full of sneakers, shoes and clothes so I could also be rolling with the homies, or really just Stacy Dash. Apparently, others have been inspired as well. However, the scanning of a body image in order to have a better sense of size and fit is a wonderful idea in order to boost online sales, given that 95% of retail clothing sales are done in a brick and motar. Is it useful or just a gimmick? Will people actually use it and want to continue using it because it is that efficient?

I enjoyed reading the Elliott article because it not only discussed the technological advances that are being made but also, the advances that need to be made. It was quoted in the article that fashion companies to should to be more technologically proactive instead of reactive. Essentially, yes, everybody is tweeting, facebooking, pinning, instagramming and tumbling to reach to their demographics and generate some kind of return on investment but they should also be able to use tech to break the mold and disrupt the fashion world. Now, I don’t know if any high end fashion house or company can break that mold but they sure do have the financial capability to do so but they too may remain reactive maintaining themselves as traditionalist, so maybe street wear or sports active wear could be the ones to disrupt the fashion world. I always like what Nike bring to the fashion tech table. Soon this, will be on everybody wrist like a Nike Live Strong bracelet, the perfect life accessory.

Intelektual Prop Presents: A Fashionable Game Theory: Fast to Fashion

noreply@blogger.com (IntelektualProp) — Wed, 25 Apr 2012 21:13:00 +0000

Intelektual Prop Presents: A Fashionable Game Theory: Fast to Fashion: I recently read yet another article discussing the “fast fashion” boom within the world and how fast fashion companies have double their g...

Intelektual Prop Presents: A Fashionable Game Theory: Uniqlo: Unique, Cheap and Thoughtful

noreply@blogger.com (IntelektualProp) — Wed, 25 Apr 2012 21:12:00 +0000

Intelektual Prop Presents: A Fashionable Game Theory: Uniqlo: Unique, Cheap and Thoughtful: My first ever and only Uniqlo shirt was sent to me as a gift about a year ago from one of my closet friends who is currently living and t...

Uniqlo: Unique, Cheap and Thoughtful

noreply@blogger.com (IntelektualProp) — Wed, 25 Apr 2012 19:45:00 +0000

My first ever and only Uniqlo shirt was sent to me as a gift about a year ago from one of my closet friends who is currently living and teaching English to Japanese children. The shirt was a large Yellow crew neck t-shirt that had a The Freedom Rider printed on it. Even though I appreciated the gift but it took me a year before I even wore it. I had never heard of Uniqlo nor had I seen any storefronts at the time (There are only three stores in the U.S. all in New York). When I finally revisited the T-shirt I realized that I had a Uniqlo shirt in my possession this whole time. My friend knew my taste well before I did apparently. In the past year have come to favor this brand that I can hardly get my hands unless I ask my friend in Japan to send me more gifts or I can shop through their online store, although I prefer a gift. When I finally decided to wear the shirt, took the tags off and fell in like with this brand even more. There were two tags one with the color, sku number, UPC and size. The other tag was a Blue Note Records folded informational leaflet. The shirt in my possession was paying homage to a selection of Blue Note Records best designs. In this case, The Freedom Rider is the title of a Jazz Album composed of artist Art Blakely & The Jazz Messengers, an influential Jazz group. At that point, Uniqlo made me a fan. Although they are a fast fashion company they slow down just enough to pay homage a to jazz band. I found that to be an admirable quality in clothing company.

It was once named Unique Clothing Warehouse in Hiroshima in 1984 and was founded by the current president Tadashi Yanai, which was based on the tailoring store that Yanai's father owned. The name was soon shortened to Unique because of a favored misspelling the name became Uniqlo. I considered them to be the Japanese version of the United Colors of Benetton

I have read countless articles on Uniqlo success as a fast fashion company owned by parent company Fast Retailing Co. I recently read a Wall St Journal interview with Takao Kuwahara Uniqlo’s chief executive of Uniqlo UK. He discusses their global influence and growth. I found this article unique because he discuses how Uniqlo considers Apple as a competitor because they both value customer service and the customer experience. I found it impressive that 90% of all Japanese people own at least one piece of Uniqlo clothing. I wonder could the same be said for The Gap, Old Navy or American Eagle Outfitter? What American retail apparel company can say that 90% of the American population owns at least one article of clothing? Uniqlo mission is to be No. 1 retailer in the next 8 years, they are currently number 3 with no plans of slowing down. Hopefully, they expand to the west coast, I am assuming Los Angeles and the San Francisco Bay Area. That would be awesome. Uniqlo designs fast, manufacturers fast and distribute faster all while maintaining a careful thoughtful design process into each garment, amazing. That is probably why they have a loyal customer based and grossed over 820 billion yen (7.7 Billion Euros) last fiscal year, that good business.

Fast to Fashion

noreply@blogger.com (IntelektualProp) — Wed, 25 Apr 2012 17:53:00 +0000

I recently read yet another article discussing the “fast fashion” boom within the world and how fast fashion companies have double their global footprint. However, this Reuters’ article written by consumer retail reporter Nivedita Bhattacharjee, Analysis: Retailers play catch-up in fashion speed race, goes more in depth on the tactics and strategies of the fast fashion company.

Methods of retail fashion distributions are changing amidst fast fashion competitors. Traditional fashion retailers now have to play catch up to Europe and Japanese based retailers that are either cheaper, trendier or both. Essentially, companies such as the Gap Inc., American Eagle Outfitters and Macy's Inc. now have to place smaller orders in more factories in order to have a quick turnaround in order to get new designs and colors to the cheap, picky, young shopper faster.

I have mentioned in previous blog post that fast fashion companies like Uniqlo (Which is quickly becoming a favorite of mind), H&M, Forever21, and Zara are popular because they are able to follow trends quicker and push out their product faster, hence fast fashion.

Here, honestly I feel companies like the Gap, Macy’s and maybe American Eagle Outfitters are losing their luster. As a teenager I loved the Gap, the Gap, I feel it is as American as apple pie but it is also old too. Maybe, I have lost my taste for The Gap’s clothing, including Old Navy but not so much Banana Republic. I now find myself constantly drifting into H&M, Zara and sometime Forever21 to check out their men’s selection and most times, I come out with an item. When I go into the Gap, or Old Navy there is nothing about their selection that grabs me, my taste and the world is ever-so changing. Maybe it is their contemporary and traditional look that steers me away, however I do not steer too far because I still occasionally buy from Banana Republic which is own by Gap Inc. I never shop at American Eagle Outfitter but I do shop at Macy’s usually to buy accessories, shoes and dress shirts.

I suggest you the read article, it give good insight into how traditional retail companies are trying to cut down the stock of clothes that they have in warehouse and distribute the clothing faster in order to ‘keep up with the joneses’ that are the fast fashion companies. Good source on how to compete with fast fashion companies.

The Golan v. Holder Decision

noreply@blogger.com (IntelektualProp) — Tue, 20 Mar 2012 12:55:00 +0000

Decided to listen to Gordon P. Firemark, Esq.’s Entertainment Law Podcast Update in order to beef up on my intellectual and legal knowledge. During the podcast one case truly stood out. Although the entertainment podcast was riddled with juicy and informative legal talk dealing with music licensing, video game combat helicopters, Velvet Underground vs Andy Warhol's Banana and copyright protection. However, it was the discussion of the U.S. Supreme Court’s decision on Golan v. Holder and the precedence it sets for future copyright cases that raised my eyebrows. So I took it upon myself to brush up on this case.

In Golan v. Holder, the U.S. Supreme Court affirmed the Tenth Circuit court decision allowing for public domain works to be copyrighted anew. Golan was trying to challenge the constitutionality of the application of Uruguay Round Agreement Act-URAA (enacted for the purpose of transforming GATT into the World Trade Organization), which was felt to be impeding on there First Amendment right to use public domain works and violated the “limited Time language in Article I, Section 8, Clause 8 of the United States Constitution, the Copyright Clause. However, the U.S. Supreme Court held that application of the URAA is constitutional because “Limited Time” verbiage in the copyright clause of the constitution does not prevent the extension of copyright protection on works that were previously in public domain. Therefore, this decision allows for U.S. legislation to continue running in accordance with the requirements of the Berne Convention Implementations Act of 1988. Realignment with Berne Convention Act, which was enacted to protect literary and artistic works, means that the U.S. would have to grant copyrights on foreign works that were never copyrighted before in the U.S or were available through public domain. Furthermore, these works will continue to have protection so long as they hold copyright protection within their own country.

So what does this all mean? Ramifications can be endless, right? However, at this moment, it means that many legitimate users will now have to pay for licensing of public domain foreign works because they are now newly protected. I believe it was mentioned in the podcast that application of the URAA to copyright law would prevent people from wanting to create, copyright or patent. However, I believe it was Tamara in the podcast, who said that, “…creative people will find ways to create…” and I am inclined to agree. If you are truly creative this will not impede you from being creative and original. Furthermore, this application means my trademarks and copyrights would hold the same equal amount of protection in any participating country governed by the URAA agreement. I have no problem with that.

As far as for me, I'm not too concern. I feel there should be equal rights for copyright protections throughout each country that conducts business with the U.S. and vice versa. Promotes me to create.

Am I being infringed upon?

noreply@blogger.com (IntelektualProp) — Mon, 05 Mar 2012 13:51:00 +0000

If you have not read my previous blog post then you may not know that I have a certain kind of disdain for trademark infringers, counterfeiters and bootleggers who purposefully copy and exploit another company’s brand without visually applying some kind of satiric artful meaning behind their brand, a la Andy Warhol style.

Learning the elements of trademark infringement and copyright laws is ever so important and given my own dreams and aspirations in fashion, entertainment and law it behooves me to stay current on the rules and regulations that could hurt my brand by creating a legal liability.

Ever since the Lanham Act and Trademark Counterfeiting Act of 1984 trademark infringement has been a useful weapon in the fight against counterfeiters, counterfeiting channels and those who choose to infringe upon or dilute another company's brand. There have been a few seminal cases within the fashion industry in recent months that may affect my future endeavors. Three examples of current trademark infringement court cases within the apparel industry is the Navajo Nation, The et al v. Urban Outfitters, Inc. et al, Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., and Christian Louboutin v. Yves Saint Laurent America.

Two out of the three cases mentioned above deal entirely with brand recognition and trademark infringement while the other case deals with websites that aid and allow ones brand to be infringed upon. Navajo Nation, The et al v. Urban Outfitters, Inc. et al, case has been a long standing battle, the Navajo Nation does not appreciate the use of its name to promote Urban Outfitters’ goods and services. Essentially, saying, “The fame or reputation of the Navajo name and marks is such that, when defendant uses the `Navajo’ and `Navaho’ marks with its goods and services, a connection with the Navajo Nation is falsely presumed. I would be inclined to agree. I personally feel the use of their name to promote their brand is tactless and exploitive, especially if you are not compensating the Navajo Nation. However, I feel Pendleton Wooden Mills would be a better example of the use of Native American inspired fashion apparel that doesn’t infringe on a particular Native American nation.

The Christian Louboutin v. Yves Saint Laurent America case is a good example of a company who happened to successfully (possibly fraudulently) trademark a color mark at the expense of the USPTO. Louboutin “Red Bottom” high heels are a staple of luxury and couture in women’s fashion. Here, Louboutin is arguing that their signature red bottom shoes have established secondary meaning within the fashion world and Yves Saint Laurent has infringed upon their trademark “red bottom” shoes by designing a pair of shoes that also has red bottoms. Louboutin preliminary injunction preventing Yves Saint Laurent for selling those particular line of shoes with red bottoms was denied because, “in the fashion industry color serves ornamental and aesthetic functions vital to robust competition, the court finds that Louboutin is unlikely to be able to prove that its red outside brand is entitled to trademark protection, even if it has gained enough public recognition in the market to have acquired secondary meaning.” In my opinion, I would also be incline to agree with the court in this matter because although clever and creative, adding red to the bottom of the sole of shoes should not be trademark because it is a color used within fashion apparel, imagine how this could affect the fashion apparel if the fashion industry would be apparel to trademark a color as a brand. Louboutin should consider a signature within the color brand.

In Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., the court held, “that a web-hosting company that owned and operated servers was liable for contributory copyright and trademark infringement when it failed to take steps to curtail alleged infringement committed by Chinese websites that used its servers.” This is a good example of how not to get caught up in promoting trademark infringement. This case tells companies that they should take proper precautious in preventing any and every association with trademark and copyright infringers. Business owners beware.

As a future entrepreneur in the fashion apparel industry these cases draw important parallels because of subject of trademark and copyright infringement but interpretations of trademark laws generate different outcomes. It allows me to take notes of the dos and don’ts trademarking and protecting ones brand.

Young Artists: French Montana, Says Lawyer Up!

noreply@blogger.com (IntelektualProp) — Thu, 02 Feb 2012 14:08:00 +0000

As an artist in this day and technical age it is important that you have some sort of leverage in order to protect your brand and pockets from record companies. Too many young artists are taken advantage of financially because they failed to read the contract that is presented in front of them; they are too anxious to be signed. Artists feel that this is a once in a lifetime deal, whether it is signing with that record company or manager who claim they can make them a star overnight. Next thing you know the record company or even your manager owns everything you create. This is why I appreciate the business minded the artist who recognizes their self-worth or who has enough patience, foresight and intuition to secure a deal that is beneficial to him or her.

New York Rapper, French Montana is a prime example of that type of artist. After an intense bidding war between record labels such as Kanye West’s G.O.O.D Music label, Rick Ross’s Maybach Music Group and Sean “Diddy” Combs’ Bad Boy Records for the Moroccan and Somalian rapper, he decided to sign to Bad Boy. French Montana managed by Mizay Entertainment, headed by Waka Flocka’s mother, Debra Antney and legal advice assisted him in securing a deal in which he owns his publishing rights.

In fact, securing publishing rights was essential to French Montana signing to Bad Boy and a becoming the first and only on Bad Boy to do so. Well that and Kanye’s apparent lack of communication. In a interview with Real Talk, NY, French Montana simply stated, “that it’s a matter of getting good lawyers who can interpret the contracts.” There you have it. As a young artist trying to break into the music industry, it is so important to get the advice of or hire an attorney. Legal representation can work wonders for an artist. Even if you are an artist who is not concerned with owning the rights to your musical tracks (which every artist should be), the least you can do is have a lawyer review the contract to protect yourself from being legally extorted.

Pop Up Shops and Pop up Malls

noreply@blogger.com (IntelektualProp) — Wed, 07 Dec 2011 00:52:00 +0000

Typically, when a urban street wear apparel brand is starting up or even recently, establish couture brands, still trying to keep it street and capture the essence of its the grassroots, they proceed to open up a pop up shop. Hoping to make a name for themselves; add a little hype to their growing brand, capture some foot traffic, get rid of surplus inventory all to generate income. The concept of a pop up shop is pretty cool if you ask me because if you do not know by now I am sale kind of guy. A pop up shop is essentially clever gorilla marketing at is best. However, a pop up mall? That is the best thing since slice bread for a street wear sale connoisseur such as myself.

I’m all for the three C’s in street wear: cleverness, craftiness and classiness. I don’t know if this will be an ongoing trend but I just recently read on yahoo that Boxpark has open up a pop up mall in London, England neighborhood of Shoreditch on November 3. Boxpark claims to be the first to ever open up a pop up mall and plans to be at the London location for 5 years, possibly opening up another 4 more pop up malls; one in London, two in the UK and one in Europe by 2013. What's crazy is Boxpark’s pop up mall is two stories and offers over 60 brands including well establish brands such as; Vans, Evisu Lacoste, Nike and Puma.

The pop up shop concept is not new but the pop up mall concept is but I first wondered, was Boxpark's pop up mall, an actual mall or just a pop up retail shop? Are these clothing brands opening up shops within the mall and have sale associates or representative selling their clothes or is Boxpark pop up mall just slanging the brands out their pop up mall window as if it was a back alley deal? Based on further research in the form of google, I found Boxpark's pop up mall floor plan, video and pictures I believe it to actually be an legit mall and all that is missing is a food court but they have cafes on the bottom floor. The Boxpark's pop up mall is essentially a lifestyle shopping experience. It is a creative concept, a concept I feel the US retail apparel industry will soon mimic in big American fashion, no doubt. Honestly, this is the sort of rejuvenation the US retail apparel industry needs to adopt in order combat poor sales or lack of brand familiarity and I am just waiting for that moment.

Check out the video below for more information.

Urban Outfitters Is Slipping, Falling. But Can They Get Up?

noreply@blogger.com (IntelektualProp) — Tue, 29 Nov 2011 01:19:00 +0000

So I recently read Urban Outfitters (URBN.O) was a little down on its luck. According to Bloomberg, their shares are down 27 percent this year, the largest drop among U.S. specialty apparel retailers. Gasp! Will URBN be able to rebound from their recent decline in sales? I personally believe they can if they do these three little things. Hire new talent, collaborate, and stay clear of the Ambercrombiesque type publicity (diversify). As Jezebel noted, their board members are old, averaging around 50 and are predominately White men, who may be slightly behind the trends I’m guessing, a pinch maybe. Let’s face it, URBN.O CEO Richard Hayne, is no longer hip or a hippie nor is he an Urban Outfitter but a multi-billionaire, ‘mom and apple pie conservative’. The company is slowly reflecting their company president's political affiliation. Urban Outfitter may be losing their cool. You're not cool if your insensitive to Native Americans, steals designers' jewelry concepts, your boardroom is not diverse and you do not support Gay rights. Miley Cyrus is not a fan.

Urban Outfitter needs a face-lift and need to continue slashing prices. I not only say this as an Urban Outfitter bargain shopper, which I pride myself in but also as a business minded individual and future entrepreneur who welcomes their downfall like a young greedy Montgomery Burns. Moreover, URBN may be a little too big for their britches and may be succumbing to retail consolidation. They own four other brands or retail establishment that essentially the same store in my opinion. Anthropologie, Free People, Terrain, and BHLDN, all appeal to young White woman between the ages of 21-40. Honestly, URBN needs to consolidate those 4 other stores into one big Anthropologie. Not to mention, if you include the store Urban Outfitter's women’s apparel and accessories, making five retail establishments that target woman. Terrain is more of home decor then apparel but target women nonetheless. Geez whiz, I understand women love to shop but talk about watering down your brand. It is like Urban Outfitter is competing with themselves.

Theres not much more I can say. Urban Outfitter is a great retail establishment but I feel like they should consolidate and revamp the brands they currently sell and the masses agree. They have great ecommerce but are being challenged by other online retail clothing sites that cater more to men shoppers, a target consumer I believe URBN tends to forget about. Online stores like Jackthreads, Gilt, Shoplikekings, and Karmaloop provide an array of trendy fashionable clothing at a discount. What is ironic is that the clothes are trendier than Urban Outfitters but are usually that clothing line's previous season. That should tell you something Urban Outfitter, its time to catch up.

Bootlegging the Zeitgeist

noreply@blogger.com (IntelektualProp) — Wed, 16 Nov 2011 16:19:00 +0000

I was perusing through a couple of TED speeches and stumble upon Johanna Blakley: Lessons from fashions free culture. Johanna Blakley studies the influence of mass media and entertainment on our world. The speech was corky and a full of sarcasm but I also found it to be quite profound and informative. Her breakdown of trademark infringement, and copyright protection was simple to grasp and engaging. Apparently, fashionapparel is too utilitarian to be protected. Hmm, fancy that. However, in spite of the axiom, “without ownership there is no incentive to innovate”but fashion has found a way to evolve, doesn’t fashion kind of sound like this?

Seriously, besides thinking about plight of genetics; I also often wondered why fashion designers worried about having their look and designs pirated or infringed upon. I understand trademark infringement; your logo is your logo, shouldn't duplicate that but copyright protection on clothing? Theoretically, artist always imitate other artist. Some say Andy Warhol bit off or drew inspiration from Jean Basquiat and Pablo Picasso once uttered the phrase, “good artists borrow, great artists steal”. So what does it matter that a stitch, a cut, a sow or hem is copyrighted? All that extra energy and money spent on trying to copyright a garment is in vein. Spend it on innovation and creativity. They say imitation is the greatest form of flattery. Imitation should be the gateway to innovation. As an artist or writer, if I knew someone was mimicking me I would try my hardest to be unique. I would want to be so different, so brilliant and timeless that it would take an ion to copy my style. So yes, the rest of the ‘copy written’ world should take a page from a fashion free culture. One does not need to own in order to innovate.

Johanna Blakley has inspired me to be more creative, really take a look at the world we will live and see what can be mimic, art-imitating life. Bootleg the Zeitgeist to the best of my ability. In fact that is my current slogan BOOTLEG THE ZEITGEIST!

Check out other TED speeches from Joanna Blakley and Lear Center's Creativity,Commerce & Culture project. Informative stuff.

AAFA vs Counterfeiters

noreply@blogger.com (IntelektualProp) — Thu, 27 Oct 2011 16:22:00 +0000

Piracy, counterfeiting or bootlegging can be an annoying eyesore and headache in fashion retailing. Growing up, working as a urban clothing sales associate or as a sneaker head, urban fashionista or a plain old brand loyalist, I often despised the consumer who participated in the purchasing of fake apparel because these consumers adamantly believe that the product that they were wearing was not a fake. Sorry, but you have been hoodwinked and bamboozled. I understand the feeling of wanting to belong or don the latest fashions. It feels good to be in the ‘in crowd' sometimes, doesn’t it? However, I am not always a fan of the, 'fake it till you make it' plan. In some regards, I am purest when it comes to fashion, sneakers and style. If I can afford brand, I will purchase the brand. If I cannot afford it then I can wait till I can afford it but never will I wear pirated or counterfeit shoes or apparel because I can be a clothing snob or brand slave at times. Not to mention, I may be fooling others but I am not fooling myself.

To assist apparel and footwear companies in fighting the good fight against counterfeiters, the American Apparel and Footwear Association (AAFA), provides members and visitors a like with an anti-counterfeiting coalition issue tool kit. In conjunction with the Coalition Against Counterfeiting and Piracy (CACP) of which AAFA is an active member, released recommended steps companies can use in order to protect their supply chains from counterfeiters. As mentioned on AAFA’s webpage, CACP partnered with U.S. Chamber of Commerce and provided companies with a tool kit that, “[C]ontains best practice[sic] guidelines and seven case studies of companies that devised and implemented aggressive techniques to fight counterfeiting and piracy and protects themselves and their customers”.

For one of the case study, New Balance was used as an example of how counterfeiting has affected their brand’s integrity. Ed Haddad, Vice President of Intellectual Property and Contract Administration at New Balance discussed how, “Footwear counterfeiters aren’t just making a fake product; they’re diluting the brand, damaging the company’s reputation, and undermining the worldwide salability of the product.” Pirating and counterfeiting cost the U.S. economy 250 billions dollars a year with apparel and footwear companies being the hardest hit by this illegal action. That is why the AAFA has established the Brand Protection Council dedicated to protecting a company’s brand from piracy. The Brand Protection Council works in conjunction with the Government Relations Committee, and helps to protect U.S. branded products against inexpensive and poor quality knockoffs that are flooding the marketplace. They hold meetings and presentations involving the latest issues in counterfeiting and strategies of preventions.

Honestly, I like the cracking down on bootleggers and the counterfeiting of products. One too many times have I been a victim of bootlegged apparel and electronics. I find myself losing trust in certain products because of the ability for them to be so easily replicated. That is why I appreciate AAFA commitment in working with the U.S. Chamber of Commerce and the CACP. I hope they continue to be productive.

My Own Jean Theory

noreply@blogger.com (IntelektualProp) — Mon, 10 Oct 2011 05:03:00 +0000

As I get ready to watch tonight’s episode of the HBO’s series, "How to make it in America," I start to contemplate about fashionistas, hipsters, style, entrepreneurship and of course jeans. Especially, since I recently bought a pair of Diesels and Replays. I love Italian denim and I will admit, I can be somewhat of a jean snob but with a cheap conscious of course, which allows me to sniff out the sales. Anyway, I digress, How to make it in America; a story about two young gentlemen who risk it all to start their own jean company, inspires me to want to create my own brand of jeans just for the love of a good pair of denim with my name on it.

Since Levi Strauss & Co.'s gave birth to the jean in the mid 1800’s, jeans have transformed and transpired throughout the generations. No longer do cowboys and gold miners roam the Wild West carrying saddlebags and wearing dusty denim with patented copper rivets reinforcing the points of strain, touting a Colt 45 pistol, riding horse back. Those days are long gone. Now teens and young adults are wearing all types of rinses, washes, whiskers, distressed, slim, selvedge, baggy, relaxed, straight and skinny. Whether functional or fashionable the seamless design of the jean has evolved. Not surprisingly Levi Strauss & Co.'s original and the first jean, the 501’s denim jeans are stills a staple in the industry.

Furthermore, they have plenty of competitors with a market that is flooded with every designer’s own brand of denim jeans from the bargain bin to haute couture. Out of that flood I have found a few favorites, one in particular is the denim brand Prps.

Prps was founded in 2002, in New York by Donwan Harrell, a former Nike designers and founder of the urban clothing line Akademiks. The jeans are manufactured in Japan. The denim is woven from African cotton on vintage 1960’s Levi’s looms. Since its inception in 2002, Prps have been a staple among the jean snobs who love luxury jeans from the fashionable elitist to athletes, actors and actresses. The first pair of Prps jeans I ever bought was quite comfortable, stylish, and soft but had an expensive price tag. However, once again, I got it for cheap because I happen to be working for the urban clothing store, Up Against the Wall and their employee discount for a manager at the time was gracious. The starting price for a pair of Prps can be $180 and up but their jeans cost typically average around $400.

Honestly, I like jeans that are strong in material, look fresh, fit well, have crazy rinses and have a nice cut. I kept my pair for a good six years until I gave them to my little cousin and he still wears them. Prps’s denim; have nice cuts, fresh rinses and the denim is amazingly soft, must be that African cotton or something. Furthermore, I love Prps website, www.prpsgoods.com, their interface is rather dope. I feel like unwrapping personal messages to me that say, "Bruised, never broken…our jeans evolve with you". Believe it or not they almost feel like they do.

Back to The Future 2, the Nike Air Mags and Parkinson's

noreply@blogger.com (IntelektualProp) — Wed, 28 Sep 2011 04:10:00 +0000

Nostalgia and clairvoyant marketing genius is what drives the new Nike Air Mags back to the future from the past and now, towards the present. I remember watching Back to the Future 2 in 80’s for the first time, as a little kid and seeing Michael J Fox’s character, Marty McFly, put on these space-age Nike’s that automatically self lace. Then to top it off, Marty hops on the Barbie Mattel pink hover board with the Nike swoosh on those kicks looking, so nice, white and crisp. I couldn’t wait for year 2015, so I can cop this hi-tech super high top Air Force One, which allows me to be lazy and not tie my own shoe. It may be better that I don’t ever get them probably end up co-dependent and fat like human sin Wall-E. Anyway, that was then this is now.

It’s 2011 and you can feel it in the Nike air, the future is upon us. Sort of, there may not be hover boards or flying Deloreans but Nike may be gearing up for a strategic three-year marketing campaign of futuristic proportions. Starting with an excellent marketing angle. Earlier this month, Nike and Michael J. Fox teamed up on a special project to help raise funds for The Michael J. Fox’s Foundation for Parkinson’s Research. Nike released 1500 pairs of the Nike Air Mags through Nike’s Ebay and the first pair sold for a whopping $37, 500. Now with all the shoes currently sold out and the only available pairs, are selling on Ebay by those who initially bought it, most likely in bulk and are now reselling it for a possible profit.

Supposedly, they will be re-released in 2015, possibly with the power lacing technology. I have my finger crossed. Honestly, if I could afford to buy this shoe I would have bought the shoe but only a pair where the funds directly went to Fox’s Parkinson foundation. Frankly, besides, Muhammad Ali, Micheal J. Fox was one of the first people to educate me on the disease and making it prevalent in my life. I would feel quite content dropping $6,000, if I knew the money was it going to the research of Parkinson disease. Now, this is of course if my income could sustain such a purchase or should I say donation. Let’s face it, Nike, has the perfect spokesperson and sponsor in MJ. Fox. Marty and Doc is all the endorsement I need to be once again reminiscent of my childhood wants, needs and fantasy. The sneaker head, Back to the Future fan boy and MJF fan would have coughed up six racks on racks on racks.

With musicians, artists, sneaker stores and sneaker heads drooling for these Limited Edition Nike Air Mags, there is no possible way Nike won’t re-release these iconic shoes, $299.99 is my guess. Ouch! Nike has given us a glimpse of their future, now only if they powered laced and came with one these cool accessories.