A Preponderance of Fashion

Dust inspires trademark infringement

2013-04-28T15:58:00.000-07:00

Bonjour mes amis!

"Designer" dust plugs are no better than counterfeit purses.

By now you may have seen the dust plugs made to fit into the headphone jack in your cell phone. Many of these charms are modeled after a famous designer handbag. These look-alikes also sport the trademarks of the handbags from which they are designed. Yup, by "sport" I mean further infringe. Assuming there was no licensing agreement with the original designers copied, these charms infringe on the trademark owner's exclusive right to use or authorize use of marks.

Source: 2.bp.blogspot.com via Fashion on Pinterest

Have you seen these phone charms in person or online on places like Etsy, Pinterest, or Instagram?

Source: artfire.com via Fashion on Pinterest

Although the designers being copied are not creating their own versions of these charms, these charms still constitute infringement. If you are a long-time reader of my blog you may recall my post, Infringement for the love of fashion, about trademark infringing cell phone cases I found on Etsy.

Successful trademark registration does not give a mark owner exclusive ownership of words; however, a trademark owner gets the right to oversee use of the mark and prevent use of a confusingly similar mark in the same line of goods or services.

Can you determine which brand's popularity is being used to sell the following dust plugs?

Source: etsy.com via Fashion on Pinterest

Source: olx.com.sg via Fashion on Pinterest

Owners of famous marks gain broader rights over their marks. These owners can prevent use of their marks on goods that do not compete with their product. Many factors can be taken into consideration when a trademark owner goes against someone else's used mark:

Degree of similarity
Strength of trademark
Existence of customer confusion
Evidence of dilution
Lack of sophistication on part of buyers to distinguish between the products

♥ Thanks for reading and supporting my blog! ♥

What's in a name? | Branding post

2013-03-03T21:01:00.000-08:00

Bonjour mes amis!

What's in a name?

"That which we call a rose, 

By any other name would smell as sweet"

Well, sometimes a name is everything. At least when it comes to branding.

Nokia is capitalizing on its strong maps reputation with a new product it (re)named HERE. It offers users a number of new features: 3D imaging via its web platform, save and share locations feature for cross-platform access, and a points-of-interest recommendations feature based on your location. My favorite feature is the MAP EDITING one that will allow you to add roads and paths that aren’t present and share them with others.

So, if you have an easement over someone's real property you can feel free to sketch it out on your map. How cool is that? And for those who know why I said real property, you are cool. For those of you who know what an easement is without googling it, you are beyond cool!

Nokia Maps were already available on the web but this product is being rebranded. Check out the new look of HERE below.

Above are some screen shots I took off of my iPhone's HERE app.

Instead of building off of its Nokia brand, Nokia is separating its mapping business by making it a standalone business under the name “Here.”

What the rebranding means for Nokia Maps

The rebranding means that Nokia’s name will not be attached to the product and the “Here” name will be instead used.

Reasons a company should use its existing trademarks on new products or services:

A company working off of its established reputation may find it easier and beneficial to license its new products using its existing company name and/or other popular trademark. Licensing a service or product with a known name adds credibility to the new service or product.
Licensing can promote the continued growth and positive perceptions of an existing trademark; however, it may also be official to start a new brand to link with an existing trademark.

Reasons for a company not to use its existing trademark on its new product or service:

A new unknown name may be beneficial when pitching to companies that can be competitors in any services or products. A company that may be a competitor in another realm may be unwilling to license the company’s products because the company, potentially a competitor, may see the licensed use of the product as promotion of the product’s company. Yet this business would likely be more susceptible to a licensing agreement if a new trademark were attached to the product or service, so that the consumers would not necessarily automatically think of the product’s owner.
When pitching the new idea to outside companies, the original company can still benefit from its existing trademark. Also, when an established brand works with another company that has an established name, the partnering company may not be fond of having another brand's name displayed on a project they are helping create or fund.

♥ Thanks for reading and supporting my blog! ♥

Petite Fashion Challenge #22

2012-12-29T13:59:00.003-08:00

I am happy to host this month's Petite Fashion Challenge. I had to get my pics together last minute so I appreciate all of the participants who joined this challenge during such a busy month!

Cute cold weather shopping clothes!

To read my original PFC announcement that tells how I chose the challenge, click here.

This month's challenge

"The weather outside is frightful, but indoor shopping is warm and delightful. So, whether you have wind, rain, or snow, show me your clothes when shopping for friends or foes!

...And yes, extra cool points will be granted for pictures taken while shopping!"

Here's a quick glimpse of my outfit

First, here's an entry from Nicole, from twitter @nicology, who does not (yet) have a blog:

I’ve been reading others’ PFC posts for several months and was drawn to participating in this challenge because I recently had this predicament when choosing an outfit to wear while holiday shopping.

Here was my solution.

Theory blazer. Urban Outfitters lace top. Kirkland Signature cami. Kate Spade skinny jeans.

Nordstrom headband. Prada glasses. Pearls gifted from grandmother. Kate Spade iPhone case. Chanel classic flap m/l. Valentino flats.

A puffy jacket is a burden to carry when shopping. Instead, I wore a blazer I could easily put on/take off (perfect when trying on items) and roll up the sleeves if I got warm. The fabric is lightweight enough to stow it away in a shopping bag if I needed to.

To compliment the non-waterproof blazer and combat Seattle’s cold, rainy weather, an umbrella and gloves are essential. The ones I used are tucked away in one of my shopping bags. (Nordstrom does a great job of providing umbrella bags to customers so one can tuck their bagged umbrella away without worrying about getting their other items wet.)

At the time, Seattle was having a windy winter storm. I accessorized my outfit with a bejeweled headband that looks chic while easily keeping my windblown hair in place.

A cross body bag and a comfortable pair of flats are two of my shopping must-haves. The handsfree aspect makes it easier to scour the racks and carry my purchases. And the flats keep my feet warm, make it easy to try on shoes and quickly navigate through the crowds of shoppers.

Now, here are my pictures; however, I hope to learn more from my fellow participants.

I went with a cape not because I am a super shopper, although of course I am that, but because it allows me the versatility of venting by unzipping or shutting the cold out by zipping up the arm flaps.

I collect silk scarves and gloves so I love accessorizing with them in the winter.

In case I'm still too hot with the cape I become a winged fashion crusader by letting the cape drop off of my shoulders.

Outfit details:

Chloe boots

DVF cape jacket (on sale now: here)

Rock by Rock Revival jeans

Leggings from Bouchara Collection (Strasbourg, France)

J Crew long leather gloves

J Crew lightweight turtkeneck

Hermes bracelet and belt

Rolex watch

Ann Taylor scarf

Here's a list of the lovely ladies who participated

If I missed your name or if you were a last minute add, tweet me or leave a comment below!

My previous PFC challenges

♥ Thanks for reading and supporting my blog! ♥

I will be on a blog posting hiatus through March. See you then!

To find out more about Petite Fashion Challenges, visit the Alterations Needed forum.

Is your Birkin real?

2012-12-26T23:01:00.000-08:00

How to tell if your designer purse is real

Third in my series of fighting fakes is how to spot a fake Birkin. I am not an expert in deciphering if a Birkin is real or not and that is why I will only get them straight from Hermès; however, I constantly spot fakes. I don't know if these people know that they are carrying counterfeits but I would be happy if I can stop one reader from being suckered into a fake.

My Birkin faceoff

Buying a fake is unfashionable and far from a harmless crime. Contributing to counterfeits may promote child labor, terrorism, unsafe work conditions, hazardous materials, drug crimes, human trafficking, and higher pricing on legitimate goods.

These are authentic 35cm Birkins purchased at Hermès boutiques.

How to spot a fake handbag

I know, I know: "it's not a bag. It's a Birkin"

These babies keep value better than cars. Cars automatically lose value when you sign your name to buy and drive them off of the lot. Birkins can be sold after use at prices higher than purchase.

Counterfeit Birkins commonly have:

Handles that are longer than usual
Floppy handles
Leather sewn by machines
Bulges in the leather, particularly on the sides
Glue showing
Fake or cheap leather quality
Deeper stampings and engraved marks
Wrong accent stamped
Misaligned interior zipper tags
Plastic wrapped handles
Dust bags stitched badly or with poor stamping
Flimsy clochettes
Authenticity cards
Misaligned feet botton
False guarantees that an Hermès store will authenticate the handbag
Authenticity hang tags
Clochettes that are cut too long or not wide enough to fit the other end through it

Check my twitter or facebook for a video of how the Birkin is made

Birkin bags go through quality inspection so irregular bags are not sold. There is no such thing as a window display discount. Do not expect to find these leather or exotic skins at Hermès' private sales in the U.S. or the twice yearly sales in Paris.

Real Birkin specs:

Handles do not collapse
Impeccable stictching
Sizes in centimeters: 25, 30, 35, 40, 45
Hardware: silver palladium, 24k gold plated, ruthenium, and guilloche (for special orders)
Leathers: come in smooth or textured different varieties

Barenia
Box - smooth leather
Chamonix -
Chevre - goat leather
Clemence - veined like Togo but softer (see my vert veronese/green above)
Epsom - stamped leather
Togo - Sturdy heavy leather, like clemence but hold shape better (see orange above)

Exotic skins

Aligator
Niloticus crocodile
Ostrich
Lizard
Porosus crocodile

Colors:

Along with the usual suspects each season brings about a new crew
Early retirement may happen to colors, but like Jay Z the colors come back for a round

Stamps: date stamp letters match the year made and the number is the craftman's identification
They come with lock, key, booklet... what's that? No, it is not a rain jacket. It is two rain jackets specially made for your birkin
Leather is not cured so your natural oils and other things may discolor it
These bags can be ~~refurbished~~ sent away to the Hermès spa for a facelift and chemical peel ;)
Price increases can occur more than once each year
Educate yourself: visit an Hermès boutique and familiarize yourself with the different leathers

Source: khaleejesque.com via Fashion on Pinterest

This is a counterfeit being sold on instagram as authentic.
See how counterfeits can appear authentic with twillies and even cut design on a structured frame?

These are other fakes by the same seller.
I reported the account after snapping screenshots.

Hermès does not authenticate handbags. They do not like to offer the handbag for purchase before they feel that you have a respect or love of their leathers and goods so they do not expect or want their products resold; they want you to purchase from them. If you do want authentication from the store you can try to send your bad to the spa or ask to get your initials stamped on the handbag closure.

Do you have other tips to share?

Keep in mind that not all counterfeits are created equal. Some counterfeits are actually made of leather and some people sell real dust bags and shopping bags, etc. So exercise caution when shopping and receiving a designer purchase. Someone might try to trick you or someone else buying you a gift may get tricked.

♥ Thanks for reading and supporting my blog! ♥

Is your Chanel real?

2012-12-20T17:03:00.000-08:00

How to tell if your designer purse is real

Be a fashion crime fighter with me by fighting fakes. Keep reading for some tips on spotting Chanel fakes. -Read my Louis Vuitton tips here.

For reference, these items are authentic, purchased directly at Chanel boutiques or Neiman Marcus.

How to spot a fake handbag

Chanel counterfeits commonly have:

Unbelievably good prices
Uneven seams
Misplaced logos
Crooked closures
Inferior materials
Counterfeits of vintage bags usually get the overlapping of the CC logo wrong

The top of the right C must overlap the top of the left and the bottom of the left must overlap the bottom of the right part of the C

Uneven stitching

Click on the images for detailed views

Follow me on twitter or on facebook for real time fashion law updates!

Vintage bags may be easier for counterfeiters to fake. They may rely on your belief that the bag has weathered through time as an excuse for misaligned quilted patterns.

Best ways to tell if a Chanel is real:

Make sure it is a style Chanel actually made
Logos and quilting always line up

Pockets on the outside of a bag do not break up the alignment of the quilted pattern on a real Chanel handbag

Look for authenticity card embossed with serial number

Before the 1990s, these serial numbers were 7 digits on a white sticker with the Chanel logo printed in gold across the background
From the 1990s to the present, the serial numbers have been 8 digits on a white sticker beneath two gold Chanel CC logos
Check for logo holograms

Serial number on authenticity card should match the serial number in the handbag (usually in the pocket or lower left corner of handbag)
The Chanel name or logo should be on zipper pulls and hardware

One side of a zipper pull has the CC logo and the other side has the Chanel name

Inside stamps are matched to the color of the handbag's hardware
Flathead screws are used
The space between the sewn interlocking Cs should be identical to the width of one of the Cs
Any hangtags are white and have code for style number, name, color and bar code

Do you have other tips to share?

While the "designer" purse in Chinatown with matching wallet and belt bought for a total of $200 may seem like a great deal, I can assure you someone else negotiated a cheaper price and your "deal" has much greater consequences than a fashion crime.

Keep in mind that not all counterfeits are created equal. Some Chanel counterfeits are actually made of leather with even patterns and some people sell real dust bags and shopping bags, etc. So you need to exercise caution when shopping and receiving a designer item.

♥ Thanks for reading and supporting my blog! ♥

Announcing Petite Fashion Challenge #22

2012-12-07T20:02:00.000-08:00

Cute cold weather shopping clothes!

'Tis the season to go shopping and aside from what to buy someone, my biggest questions these days are what to wear. If I wear jeans and sneakers I'm comfy to run around all day and night but pair that with no makeup and a ponytail and I look like a tween. Looking younger sometimes has its perks but when I'm shopping in some places I am not helped as quickly or eagerly while I'm dressed down as compared to when I'm donning heels and a frilly designer bag (that takes away shopping bag carrying space in my hand).

If I'm going to run in and out of stores, I worry about temperature changes. It feels like the colder it is outside, the warmer it is inside shops. I need to prepare for outdoor elements but hate removing and lugging around my cold weather essentials. Howsoever can a petite dress comfy and chic?

This month's challenge

The weather outside is frightful, but indoor shopping is warm and delightful. So, whether you have wind, rain, or snow, show me your clothes when shopping for friends or foes!

Please keep in mind that you should prepare for the cold without looking like Joey from Friends in that episode (see pic below) where he wore all of Chandler's clothes. And yes, extra cool points will be granted for pictures taken while shopping!

I look forward to seeing your outfits!

Post due date: Saturday, December 29, 2012 by 3PM, US EST.

Source: carjet.com via Fashion on Pinterest

How to participate

Leave your blog name and web address in the comments below before the posting date. Within your post, use the PFC picture and link back to this original challenge post. -To post without a blog, send me your entry along with what information to reveal about yourself.

My previous PFC challenges

♥ Thanks for reading and supporting my blog! ♥

To find out more about Petite Fashion Challenges, visit the Alterations Needed forum.

I see, I like, I pin!

2012-12-05T15:46:00.001-08:00

Bonjour mes amis!

I am dedicating a post to pinterest because I am a fan of the site!

Why you should use Pinterest

Simply because it is a fun and easy way to organize ideas and interests! My favorite pins are of things to make (food, art, and home furniture or accessories).

Have a look at some of my favorite pins.

For what do you use Pinterest?

If your pin boards look like any of my Pinterest boards or you otherwise think I'd enjoy following you, please share a link to your Pinterest profile in the comments below!

♥ Thanks for reading and supporting my blog! ♥

Say "oh, no! no!no!" - No!no! 8800 Hair Removal System Review

2012-12-02T00:50:00.001-08:00

Bonjour mes amis!

Have you tried no!no! hair removal system?

Keeping a professional image includes body hair maintenance, but this product is not the way to go. I'm shocked this product received rave reviews by magazines.

I had a roommate who never worried about shaving her legs or underarms because heavy use of an epilator killed her ~~likely barely there~~ hair growth! I bought the same epilator but the hair removal was so painful and irritating to my skin that it was not worth totally replacing the razor. I later opted for laser hair removal for my underarms and loved the results.

[Enter no!no! 8800]

Source: s1150.beta.photobucket.com via Fashion on Pinterest

I only used no!no! daily for one month but I refuse to continue using this piece of scam. :-P

Thinking it would at least weaken hair growth, I opted for no!no! over costly laser treatments for my legs. No!no! was a waste of time and money.

I doubt this product would achieve hair density reduction with continued use any more so than rubbing your skin hairless against a wall would reduce your hair.

Pros:

Pink color
Lightweight

Cons:

No matter how much I went over an area, I could not get the skin to feel completely smooth or look fully hairless
It seems to only burn off the ends of hair, not the whole follicle (laser hair works because you shave and then the laser attacks the color of the hair left in the follicle)
It takes a while to go over large areas
There is a hair burning smell (similar to when you do laser hair removal)
The skin buffer does all the work but that isn't a permanent change
I usually do not get ingrown hairs but if I didn't use the buffer I'd get ingrown hair
The machine now stops continuously after every 1/2 inch of movement and I have to turn it off then back on to get it to work momentarily again

In sum: The concept is great but the execution is poor.

How to prevent ingrown hairs

Before posting my review, I saw many reviews on the Sephora website. It seems that people love it or hate it. I wonder if maybe there are just a lot of defected products released. A lot of the positive reviews spoke of minimized ingrown hairs (a likely effect of the buffer pad). If this is a problem for you, the answer is likely to exfoliate. Weekly use of body scrubs will keep your skin fresh and smooth. Also, try shaving with coconut oil instead of shaving cream. Coconut oil prevents irritation and moisturizes your skin well before and after the attack of your razor blade.

♥ Thanks for reading and supporting my blog! ♥

Is your Louis Vuitton real?

2012-11-30T14:57:00.001-08:00

How to tell if your designer purse is real

When it comes to shopping, there is nothing I hate more than a fake. With the holiday season upon us I figured I should do my part in fighting fakes by writing a series of posts on spotting fakes.

All of these are authentic and were purchased at Louis Vuitton boutiques.

Authentic LV Speedy

How to spot a fake handbag

First brand up is Louis Vuitton. As I’ve previously mentioned, Louis Vuitton polices its brand a lot; however, Louis Vuitton handbags and accessories are amongst the most counterfeited.

Louis Vuitton counterfeit items commonly have:

Unbelievably good prices
Hangtags
Uneven seams
Plastic, bubble wrap, or paper on handles
Tissue paper on hardware
Piping is painted or glazed red and not leather
Fraying
Rounded dust bag covers instead of square edges
Misspellings
Unfinished interior
Uneven design
Falsified date stamps
Yellow authenticity cards
Dark brown envelopes, usually with stickers that have LV trademarks
Plastic hardware painted to look like brass or gold metal
Items Louis Vuitton never made (e.g., Cherry blossom print on a speedy or alma)

Source: businessinsider.com via Fashion on Pinterest

Follow me on twitter or on facebook for real time fashion law updates!

Louis Vuitton does not sell irregular bags. Not even as a discount. One time I was at the large Paris location and the sales associate was cashing me out when he realized the store no longer had the particular bag I wanted because the one showing in the system was the display one. The handbag had a tiny pen dot on it so the associate refused to sell it to me. I said I did not mind the mark. He said it was over-handled and the sale would represent the brand poorly and thus he could not sell it.

Best ways to tell if a Louis Vuitton is real:

Make sure it is a style Louis Vuitton actually made
Handles are made of rolled cowhide leather
The untreated leather oxidizes/ages well
Monogram is lined up and cut evenly
Even and clean stitching
Handbags are now made in France, U.S.A., Spain, Germany, and Italy
Educate yourself: visit an LV boutique, browse the LV website, or call an LV store

Check if the style was made in the fabric you want
Verify if the inside for the particular style is supposed to be in suede
Is it supposed to have a D-ring inside? Where?
Where can you find the date code? What is the correct font and size of code?
Recognize the font LV uses

Do you have other tips to share?

Source: blogue.us via Fashion on Pinterest

Keep in mind that not all counterfeits are created equal. Some counterfeits are actually made of leather and some people sell real LV dust bags and shopping bags, etc. So you need to exercise caution when shopping and receiving a designer purchase.

♥ Thanks for reading and supporting my blog! ♥

Snapshots of my life via IG

2012-11-24T00:00:00.002-08:00

Bonjour mes amis!

If you're reading this post I take it you were not trampled in this year's Black Friday madness. Good for you! I devoted way too much time online reading about the long lines, sales, and shootings. While I have stood in line for Hermès sales in Paris, I cannot imagine waiting hours for entry into a place with the knowledge I may be trampled over.

Have you every gone shopping on Black Friday?

From what I saw online, it seems that the amount of incidents have gone down a lot. I say online deals have saved lives!

I also read that instagram was at a high during US's Thanksgiving with 200+ photos shared per second. And so this post was born!

Snapshots of my life I have shared via instagram.

Follow me on instagram (or webstagram) @FashionBlawger

♥ Thanks for reading and supporting my blog! ♥

Nike sells Cole Haan for $570 Mill

2012-11-17T15:00:00.000-08:00

Bonjour mes amis!

Have you tried any Cole Haan flats with Nike Air technology?

If you haven't, you might be running out of time!

Apax Partners, a private equity firm, is purchasing Nike Inc.'s Cole Haan Brand for $570 million. The change is expected to be finalized in early 2013. The Nike technology will continue on through a transitional period but will not necessarily be a feature in future Cole Haan shoes.

What this sale means for your feet

If you are a fan of Nike Air technology's cushioning and support in Cole Haan's shoes, you should stock up on those shoes now.

Nike Air's technology is Nike Inc.'s intellectual property (IP), so a sale of the Cole Haan brand does not automatically transfer into the right to use Nike's IP. While the right to use the technology is something that can be negotiated, it is unlikely that Nike would let go of their technology so easily.

Cole Haan could get a license to use Nike's technology but the information given so far has just been that the use will be allowed during the transition.

Follow me on twitter or on facebook for real time fashion law updates!

What to take note of if you are a party involved in the sale of brand

Let's say you were on Apax Partners' side. You should consider what makes the brand you are buying attractive. If Nike Air technology is the driving force behind sales of the Cole Haan brand, you should want to keep that technology. If you could not get the technology you want an agreement that the technology would not be shared with or sold to another footwear maker.

Since Nike is an athletic footwear brand and you'd be taking on a brand that focuses on dressier boots and casual shoes, you could ask for the sole and exclusive right* to use the technology in non-athletic footwear. If you could not get the sole and exclusive right you should still try to get the exclusive right for as long as possible or exclusivity for a certain category of goods.

Let's say you were in a situation like Nike's. You may want an agreement keeping as many of your original IP rights as possible. So you'd want an agreement that gives a limited, nonexclusive, nontransferable license to use your IP. Giving another party the sole use or right to build on your technology is bad if you later want to expand on that technology. Giving up the exclusive use of your technology should not come cheap. If someone wants exclusivity it means they think others will want in on your IP and that such use would cause loss of profits to them. As such they'd likely be willing to pay extra for that right.

Want to read more fashion law concerning shoes? Learn about Gap's new legal trouble on my facebook!

♥ Thanks for reading and supporting my blog! ♥

*Agreements that give the exclusive right to something should be written contracts, not verbal ones.

Nike claims 1 German & 1 US copycat

2012-11-15T16:26:00.000-08:00

Bonjour mes amis!

Remember the Nike v Adidas case I recently reported here? Well, a Nuremberg District Court in Germany ruled in favor of Adidas on November 1st.

In response to Nike's patent infringement claim, Adidas counterclaimed that the technology has been around since the 1940s and requested a revocation of Nike's patent. (For smaller updates like the upcoming ruling from Germany's patent court, follow me on twitter).

Unfortunately for Nike, I am not sure the brand will have more luck in its current (unrelated) trademark infringement case in the USA.

Case intro
In July 2009, Nike filed a case against Already LLC (and its Texas based footwear brand, Yums) alleging the company had a shoe design that was a confusingly similar imitation of Nike's Air Force One sneakers.

Source: drjays.com via Fashion on Pinterest

Do you refer to these sneakers as Uptowns?

Background
Nike trademarked this shoe design in 2008 although the design was introduced in 1987. I know what you are probably thinking and yes, Nelly (an American rapper) has a song called "Air Force Ones" and it is about these sneakers. Ok you probably were not thinking of that but I figured I'd note that the song was released in Nelly's 2002 album. So the song came before Nike's trademarks for this design.

Legal issue
The case is now before the Supreme Court for review. The issue is whether a federal district court is divested of Article III jurisdiction over someone wishing to pursue a claim against a registered trademark without there being an existing conflict alleged by the trademark holder against the other party's existing activities.

Source: yumslife.com via Fashion on Pinterest

Do these look like the Nike pair above?

The ruling here is critical because it can potentially open a floodgate of people filing frivolous, time consuming, and/or costly claims against trademark holders. If allowed to file these claims, people could also threaten such legal action.

Case background

In November 2009, Already LLC counterclaimed requesting cancelation of Nike's trademark because it interfered with Already LLC's ability to sell footwear. Then, in an attempt to avoid continued litigation, Nike created a covenant not to sue.

The District Court then met to determine whether the covenant caused the court to lose subject matter jurisdiction (SMJ). This court then dismissed the case after it found that it no longer had SMJ.

You can check out the court proceedings here via the Supreme Court of the United States blog.

♥ Thanks for reading and supporting my blog! ♥

See through her skirt, melt through her dress, but don't sag your pants!

2012-10-31T00:37:00.002-07:00

Bonjour mes amis!

The use of shock factor to express individualism is so common that dressing in timeless pieces is now how you appear unique amongst a crowd. Given Kim K's date outfit, she most likely does not share my opinion. To be fair to my opinion, I must add that paparazzi swarming her is due to the fame she built from a sex tape... albeit a sex tape that I assume starred her assets...

Source: zimbio.com via Fashion on Pinterest

Do you feel desensitized to strange appearances due to the ubiquitous bizarre looks in today's culture?

Keep reading to see more pics with "shock factor" and for a fashion law view of this butt.

Source: zimbio.com via Fashion on Pinterest

How Kim K's butt relates to fashion law:

Besides needing to be classified as a fashion crime, I think this outfit should actually be considered a crime in Florida. Silly? No.

Have you ever heard of Florida's saggy pants law? Well, it was a measure pushed for six years before passed into state law in July 2011. The state law is a ban on wearing baggy/sagging pants while at school. So, school officials may now add fashion police onto their resumés.

Luckily for Kim K, I doubt her date with Kanye West was at a Florida public school. Similarly, if Kim K ran off to a picnic in a park in Opa-locka she would not be in violation of law. Opa-locka, a suburb of Miami, has banned apparel that exposes undergarments in all city buildings and parks. I doubt this law would hurt Kim K because she does not seem to be wearing underwear beneath that skirt; however, there is something wrong with the fact that showing underwear would be punishable but a clearly visible crack would pass.

Do you think Kim K intended to show her butt?

In France, naked bodies in print is common. This Paris ad on side of van uses a bare butt to sell beds.

Do you think the U.S. will move fully towards naked normalcy?

Equally stunning news:

For TWELV magazine's second issue, sculptor Takeo Okamoto was commissioned to create a gown. A gown made of ice. They had to top their first issue's gummy bear dress.

Source: styleite.com via Fashion on Pinterest

I included it here to not feature it in a new post as I would have not so wittingly titled the post "Ice, Ice, Baby"

... you're welcome.

♥ Thanks for reading and supporting my blog! ♥

Flyknit swoosh v. 3 stripes Primeknit... legal use of yarn stretch or illegal patent theft?

2012-09-25T16:42:00.002-07:00

Nike stomps on Adidas for copying its new sneaker

Oh Adidas, first those unfortunate shackle shoes, now an alleged copy? Well, if you believe that any press is good press then I guess Adidas is golden!

Source: insider.nike.com via Fashion on Pinterest

Source: sneakers-magazine.fr via Fashion on Pinterest

If I had to choose between Adidas or Nike sneakers, I would go for Nike but my opinion is unfair since I actually do not recall ever owning any Adidas; but to me, Puma sneakers trump both!

Now on to the fashion law portion of the post...

Issue:

While the shoes above are unlikely to be confused for one another, the issue here is not whether the shoes will be confused but whether the technology behind the two are the same. In this case Nike, Inc alleges that Adidas infringed on Nike's one continuous knit top shoe design, which is a patented technology.

Case background:

Nike's Flyknit shoe was released in February 2012 along with other products showcased to be released in conjunction with the Olympic games. The Adidas adiZero Primeknit, released July 2012 was also promoted with the Olympics. It probably annoyed Nike that Adidas was the official apparel sponsor for the Olympics and was promoting a shoe designed like its latest creation.

Nike filed an application with the District Court in Nuremberg for an interim injunction against Adidas for patent infringement.

Ruling:

The court granted Nike an interim injunction against the Adidas Primeknit. Consequently, Adidas must now cease manufacturing and distribution of the shoe in Germany.

-In hopes of seeing the shoe in person to comment on similarities, I did a scan at nearby stores in Germany before writing this post but I was unable to find the sneaker. I did however find some scary trademark infringement I will discuss here soon, so the whole trip was not a bust. :)

Why is this sneaker just not like the others?

The entire upper is made in one piece. This design is different from usual sneaker designs, which are composed of multiple pieces sewn together. When Nike released the shoe, executives called the shoe revolutionary for its design and reduction of cutting room floor waste.

Where did Adidas get inspired?

According to Adidas group,

"It all started in 2010 with a trip to the 'techtextil' fair in Frankfurt, Germany. There, the two of us spotted a knitted glove on display. It was made of thermoplastic fuse yarns which had been finished in a way that the glove was both flexible and stable. It sparked this idea in us that we could use the same technology on a shoe."

This idea led to the creation of a limited edition collection of Primeknit Running shoes released in Germany, along with the launch of the Olympics.

When did Nike get inspired?

According to Nike,

"The inspiration for Nike Flyknit was born from the common runner feedback, craving a shoe with the qualities of a sock: a snug fit that goes virtually unnoticed to the wearer... NIKE embarked on a four-year mission of micro-engineering static properties into pliable materials. It required teams of programmers, engineers and designers to create the proprietary technology needed to create the knit upper."

1. Do you prefer Adidas or Nike?

2. Have you tried either of these two sneakers?
3. Do you think the Adidas sneaker is a copy of the Nike one?

Potential future verdict:

The issue with this shoe technology patent may seem to come down to which seamless shoe came first because the U.S. has a first to invent system, but the case is in Germany and as is practice in Europe, Germany has a first to file system.

A first to file type of patent system means that patent authorities will not check who is the first and true inventor of a technology in question. (Yes, this makes patent trolls happy). In the U.S. first to create system the winner would be the person who can prove that their invention came first (unlike copyright where it is okay to have the same product so long as the materials in question were created independent of one another).

Source: nikeblog.com via Fashion on Pinterest

Source: blog.adidas-group.com via Fashion on Pinterest

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Van Cleef & All its IP

2012-09-18T17:07:00.002-07:00

Bonjour mes amis!

Are you a Van Cleef & Arpels fan?

I think their jewelry is beautiful, classic, ~~a bit too expensive,~~ and timeless. Here are some pictures of my favorite VCA items (courtesy of google images).

The cute charm necklace (above right) is from the Une Journée à Paris, or "Day in Paris" line.

Do you own or hope to own any VCA items?

Now on to the fashion law portion of the post...

The Parisian courts are full of fashion law! Aside from the Chanel case I reported last post, I recently learned of one with VCA!

Case background:

Thierry Berthelot, a VCA jewelry designer for 15 years, took VCA to court alleging that the designs he created for the fashion house were his intellectual property. Berthelot argued that since he created the designs he owned them.

Verdict:

The right to the IP in question belongs to VCA. The appeal court ruled against Berthelot finding that the designs were a product of a collective effort. Such collective efforts fall under works made for hire* and therefore are not owned by the creator(s). The owner of copyright in a collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.

What to consider if you want to own the right to a creative work:

*First, please recall that what you read here is not legal advise*

If you are the creator:

Copyright ownership usually vests in the creator(s) of a work; however, a work made for hire or within the scope of one's employment is the property of the employer unless another agreement is validly contracted between the parties. Works made for hire do not have to be considered the property of the employer so if you want to remain the owner, say something and get the right in writing. And read below for what the employer who wants rights might consider.

If you are sourcing the work to someone else:

You want the person to create the work as a work made for hire. To prevent confusion it is best to write out a contract where you get the assignment of any copyright. Your contract should make clear who will be the owner of the work. There you can draft something along the lines of:

The Employee acknowledges that, by reason of being employed by the Employer, to the extent permitted by law, all of the Work Product consisting of copyrightable subject matter is “work made for hire” as defined in the Copyright Act of 1976 (17 U.S.C. § 101). The Employer hereby owns such copyrights. To the extent that the foregoing does not apply, the Employee hereby irrevocably assigns to the Employer, for no additional consideration, the Employee's entire right, title and interest in and to all Work Product and Intellectual Property Rights therein, including the right to sue, counterclaim and recover for all past, present and future infringement, misappropriation or dilution thereof, and all rights corresponding thereto throughout the world.

While you are at it, you can throw in a moral rights clause. I have worked within a place that before me lacked moral rights clauses in work made for hire agreements and found themselves with hefty upkeep fees at the discretion of the artist who could also prevent movement of their work if such movement did not represent how the artist expected his work to be viewed:

To the extent any copyrights are assigned under this Agreement, the Employee hereby irrevocably waives, to the extent permitted by applicable law, any and all claims the Employee may now or hereafter have in any jurisdiction to all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as “moral rights” with respect to all Work Product and all Intellectual Property Rights therein.

If you cannot get the transfer of an IP work you can try getting the exclusive use to it since it is as good as transfer right ;)

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* Definition of “work made for hire”:

1. a work prepared by an employee within the scope of his or her employment; OR

2. a work specially ordered or commissioned for use as a contribution to:

a. a collective work

b. as a part of a motion picture or other audiovisual work

c. as a translation

d. as a supplementary work

e. as a compilation

f. as an instructional text

g. as a test

h. as answer material for a test

i. or as an atlas

3. AND if parties expressly agree in a signed written instrument that the work shall be considered a work made for hire.

September is for fashion, fashion law: Chanel steals a design, 1 man gets a life sentence & red outsoles get protection.

2012-09-15T09:58:00.000-07:00

Bonjour mes amis!

While many bloggers are wrapping up fashion week posts here is my fashion law roundup! After all, isn't info about Chanel copying someone else's design more of a surprise than watching another runway show at this point? ;) How about learning of a fashion law crime that can get you a higher sentence than committing a murder can get you?

Well, since I last wrote...

Victoria's Secret received a cease and desist letter from Urban Decay dated July 18th. The letter spoke against VS using the word "Naked" for its new eye shadow kit. On July 31 VS in turn asked a Columbus court to decide whether Urban Decay's use of Naked on its makeup palettes constitutes a protectable trademark. In VS's lawsuit against Urban Decay, VS relies on its prior use of the word naked. This prior use was on clothing items, so it is not clear whether the argument will stand. I think the palettes may be intended to confuse the consumer since Urban Decay's palette has been popular in the last couple of years and seeing the similar large lettering on the VS makeup could cause a consumer to think there is a nexus.

Senator Schumer introduced a modified Design Piracy Bill to Congress. With only a couple of weeks left in the Congress session, Schumer's introduction of the Bill could have been because he hoped that fashion week would inspire a positive vote or just to appease some constituents... you be the judge.

Louboutin's red sole trademark was granted! -Well, sort of. Louboutin v. YSL is the case of two winners: On September 5th the Second Circuit Court upheld Louboutin's red outsole trademark but narrowed it to "only those situations where the red lacquered outsole contrasts in color with the adjourning 'upper' of the shoe." Since a red shoe with a red bottom is not a contrast in colors, YSL's red shoe sporting the red outsole is fair game. So Louboutin should not be popping out the bubbly. As I have discussed previously, Louboutin took on too big of a fish going against YSL. He was lucky to not have his trademark invalidated in full. (Catch up on this case here!)

The leader of an Hermes counterfeit ring in China received a life sentence. The (shocking!) sentence came down in the Heyuan Intermediate People's Court in China's southern province of Guangdong. Last year his factory was raided by officials and 100 million yuan worth of counterfeit Hermes products were seized. Xiao Zhenjiang's sentence was more severe than his three accomplices who received each 7-10 year sentences and hefty fines. Perhaps this sentence is proof that China will actually follow through with a crack down against fakes? Perhaps we won't have to worry about trademark trolls there? Hmm...

Are those CK yoga pants posing as Lululemon's "Astro Pant"? Lululemon Athletica accused Calvin Klein of infringing 3 design patents. You may recall that the design patent was one aspect of Apple's argument against its recent win against Samsung. This case can pave the way for more fashion law fun so I hope Lululemon comes out on top.

Lastly, on Friday, Chanel was fined 200,000 € for stealing a design from a local knitwear designer. Upon inspection of the knits, the court called Chanel's garment "a slavish copy." This ruling overturned a 2009 one that cleared the fashion house of alleged wrongdoing. Carmel Collie was the plaintiff who claimed to have submitted the design in question to Chanel only to have it rejected. Collie was the founder of World Tricot, a now-bankrupt liquidated business that manufactured high-end knits. In 2009 a Paris commercial tribunal found that Chanel had not stolen the design but was still ordered to pay 400,000 € for breaking a contract it had with World Tricot.

Source: lalsace.fr via Fashion on Pinterest

♥ Thanks for reading and supporting my blog! ♥

A letter to my readers & IG snapshots of my life

2012-07-17T14:24:00.003-07:00

Dear Readers,

I have not posted here in two weeks because I have been busy traveling and when I can pull myself away from enjoying life or watching reality television, I hit the books! My bar exam is in one week.

This collage making site lets you pull images from different social media accounts.

So, until then, I will not be posting anything new here. But if you follow me (@fashionblawger) on Twitter, Instagram, and Pinterest you should see continuing ~~procrastination~~ activity, albeit sporadic activity from me on those social media accounts.

I cannot wait to get back to sharing more on here! Aside from continuing to build more conversations about current or potential fashion law topics I plan on covering former cases, more work attire advise and inspiration, and related DIY projects.

I have received topic requests and ideas from readers in past comments. If I have not yet addressed them those issues are on my list for upcoming posts. If you have any questions, topics, or suggestions for something you want me to cover on my blog let me know!

♥ Thanks for reading and supporting my blog! ♥

FUR-rocious PETA renames the Olsen twins to Hairy Kate & Trashley

2012-07-03T03:04:00.003-07:00

Mary Kate and Ashley Olsen released a $16,900 fur patchwork backpack. I think they were rebounding from The Row's alligator backpack, which despite the $34,000 price tag flew off the shelves. I doubt they imagined they would end up as stars of PETA's Full House of Horrors video.

See more at peta2.com!

The two essential elements of infringement are copying and improper appropriation.
Wondering why PETA may get away with making this video although the creators of Full House (likely) did not agree to such use? Well, copying is permissible if it is excused through a defense like fair use (discussed here), independent creation or if only unprotectable elements are copied.

Here, PETA's Trollsen twins campaign is a clear parody.* If you think PETA, in all of its fur fury, may have taken too much of the orginal Full House show I want to point you to when 2 Live Crew did a parody of Roy Orbison's "Oh, Pretty Woman."**

The bloody mess of a dress is definitely a Carrie at Prom look but also somewhat of a July 4th look. So, if you have to go to work and you're wondering what to wear to celebrate July 4th, perhaps my PETA styling will motivate you.

On PETA's site, hovering over the items that are dripping blood tells you how the animals died

Okay, aside from looking like a zombie, ~~Ashley Olsen~~ Trashley looks like she had an unfortunate surprise from every woman's favorite monthly visitor.

While styling ~~Mary Kate~~ Hairy Kate, I realized I previously sported a similar look:

Outfit details
Me: Gucci; M-K: Design by PETA :)

Okay, I do not actually mean to poke fun of animals that are killed for fashion or promote the killing of animals. With so many things to worry about in life, I don't currently include animal rights issues on my plate--I just include animals on my dinner plates. But if you are into these issues, please feel free to school me on them!

Let me know what you think of PETA's campaign!

free polls

Here's the ~~mess of a~~ bag that got PETA all worked up against the twins:

Source: purseblog.com via Fashion on Pinterest

♥ Thanks for reading and supporting my blog! ♥

*A parody makes fun of an original work by imitating and distorting it; audience must recognize the connection between the parody and the original, which requires some copying of the original
** The court held that even though 2 Live Crew’s parody took the first line of lyrics and characteristic opening bass riff from the original and therefore made the heart of the original the heart of the parody, this was purposely done “to purloin a substantial portion of the essence of the original” Campbell, 510 U.S. at 587

Petite Fashion Challenge #17

2012-06-28T16:59:00.000-07:00

Candy Colorized

This month's challenge is hosted by SewPetiteGal.

The challenge:

“Take a bowl full of colorful candies (M&Ms, Jolly Ranchers, jelly beans, etc.), close your eyes, and draw 2-3 pieces. Now use those colors (+ a neutral of your choosing) to form the basis for your ensemble.”

The candy:

I am more of a chocolate girl so I had to stock up on candy for this challenge and was happy to renew my Jelly Belly fever.

For chances of bolder color I chose different Jelly Belly bags and Skittles before picking one candy from each container.

The random selection:

The challenge was to draw 2-3 candy pieces to mix with a neutral of your choice with extra cool points if you did a DIY element. I chose 4 candies plus a neutral, so brace yourself...

The color comparison:

Check out the candies with the colors they inspired:

The outfit:

...Tadaa! I think that describing my outfit would make it seem crazier than it looks.

Does your work wardrobe reflect that the world is full of color?

Depending on the work environment and dress code, I could definitely see myself wearing an outfit like this to work beyond Easter office attire. Why? The silhouette works. If you imagine this look in a grayscale, you can see the shapes are office appropriate.

The neutral:

Yes, I went with a cobalt blue as my neutral shade. Usually a navy is more of a neutral but with this rainbow outfit I think a cooler shade of blue might just draw more attention. Although adding this blue to my already colorful outfit might seem like overkill, I think it works!

Passion tea lemonade, yum!

Some ways to wear a twilly scarf:

as a bow on your head or tied on your wrist:

alone as a belt:

A single one as a belt and a second tied as a bow:

I love that this dress has pockets!! The fit got a little loose throughout the day so I am not happy about the fit in these pictures. Still, thank you for letting me share. ♥

♥ Thanks for reading and supporting my blog! ♥

Dress in a lawyerly fashion

2012-06-19T18:48:00.001-07:00

Le Smoking is the original "borrowed from the boys" look, created by Yves Saint Laurent in 1966.

These timeless tuxedos were exclusively worn by men with power until YSL came along. These have fallen out of favor daily wear even amongst the crème de la crème. Still, I think an attorney should not leave all the 3-piece suits or tuxedos for defendants... of course we ought to leave all of the polyester ones alone for the pimps.

I was a girl scout so I believe in always being prepared. As a teen, my "being prepared" motto covered having a nail repair kit in my purse (you never know when impromptu rock climbing or intensive shopping might chip your nail). Now I manipulate this motto into sartorial splendor: a lady must shop for clothes for occasions that may come up. Besides, if you buy it the occasion will come a la Field of Dreams.

Source: snapwidget.com via Fashion on Pinterest

I have heard that some law students go through their first year of law school without a suit. I think lawsuits--err, suits are just as important as laptops. Budget a quality suit into your loans. My first suggestion is Theory suiting. The quality is good, they offer free tailoring, and the cuts are classic. It is not at all that I am against cheaper clothing, as long as it is cheaper in price--not quality. I shop with longevity in mind so quality and classic looks are important to me. I will splurge on designer items but I definitely love well made affordable pieces and will not buy something just because it is designer if it is made of low quality.

Have you bought a designer item that did not live up to your expected quality?

Classic cap toe pumps

I came into law school ready to suit up at a moment's notice. I was 14 when I got my first suit because I was working in a professional environment. Since I was less than 100 pounds and just 5 feet tall, I had to get all my work clothes tailored. The fit of my professional attire ~~looked so much better than my velour sweatsuits and~~ made me feel so polished and grown up that I was immediately hooked. So it is hard for me to imagine not having even one suit in my wardrobe.

When did (or will) you get your first suit?

See what this little charmer is wearing? The look is not only timeless but ageless too!

A quality navy suit was a smart splurge for me because the pieces are versatile for work and casual attire, the color goes well with my natural or (spray) tanned skin, and the look is timeless. I feel the same way about all of the pieces in my look here.

Outfit details:

YSL Le Smoking

Haute Hippie blouse

Banana Republic tank

Chanel heels

Rolex watch

Hermes Birkin

(Check out my other suit related posts: The interview suit, Get ready to suit up, Case: clothes; Bebe tweed suiting review, Keep it a boardroom not a bored room.

♥ Thanks for reading and supporting my blog! ♥

Infringement for the love of fashion

2012-06-03T22:54:00.000-07:00

Consider this another one of my educational intellectual property posts. The take away is similar to my previous fashion law posts: in fashion, imitation can be seen as infringement--not flattery.

I found these blinged out iPhone cases on an Etsy's seller's page and made a collage out of them for your viewing pleasure. From the looks of it, the seller, slave2beauty, is truly talented. Unfortunately, these glam cases are okay for personal use but turning a profit on someone else's intellectual property? Not so okay.

I am reposting these images under my Fair Use rights, not to be confused with copyright infringement!

How do these cases tie into intellectual property (IP) issues, and particularly fashion law?
Well, if you have not guessed it, trademark law is implicated here.

I wonder how long this user will make these cases before receiving a cease and desist letter*. Not long if someone forwards my blog post to Mr. Pantalony (the lawyer who sent U Penn Law School a cease and desist). Slave2beauty opened up shop March 6, 2012 so it is likely that her work just has not yet come to the attention of relevant IP owners. I think Louis Vuitton and Lady Gaga rigorously police their brands, so the death of these ~~cute~~ infringing phone accessories may come soon.

Would you buy accessories like these even though they do not support the brand owner?

I am not afraid to say that I report on counterfeiters all the time. Maybe one day I will get paid for it too! ;) Lucky for Etsy companies, Etsy asks that claims of infringement be signed by the IP owner or person authorized to act on behalf of the owner, which is on par with the Digital Millennium Copyright Act.

I do not feel badly about the infringer getting stopped from profiting off of these works but I do wish there were more flexibility in the fashion world, wherein a person like this Etsy seller could easily pitch ideas of these creations to brands. It is just that allowing/licensing people to trademarks is dangerous for brands. It is dangerous because brands may lose track of how their trademarks are being used and even if they develop a contract with a second user, wherein the IP owner is not liable for torts arising from the second user's products, the IP owner can get a tarnished image from bad use. Also, if trademark owners do not exercise quality control they lose their trademarks.

A trademark owner who wants to license use of IP must also be careful that the second user will not be considered a franchisee. A franchising relationship would be bad for the IP owner because it is difficult to get out of such a channel relationship: If a court determines that it is a franchise agreement, it is hard not to renew the contract when it expires. A front-end negative consequence of a determination that a franchise agreement exists is that the trademark owner is supposed to provide the franchisee with an offering circular with all risks. The IP owner can get in trouble for not providing proper franchising material.

Although this Etsy seller might think she is paying homage to popular brands like Louis Vuitton, Chanel, MAC cosmetics, Swarvoski and Lady Gaga, using these trademarks without permission of the trademark owner is trademark infringement.

Any of these aforementioned brands can bring a successful lawsuit against someone making products like this Etsy user. Let's say the user thinks she is not doing anything wrong because she is not actually making a counterfeit of an existing item. To that, I say trademark infringement is not synonymous with counterfeit. When a trademark is used in connection with products or services in a way that may lead a viewer to think the product is connected to the brand the possibility of a problem exists. The person doing the buying does not have to be the party being tricked. Like with these phone cases, the people buying from Etsy most likely realize the lack of connection to the designer. Yet someone who sees this case in use by another person may mistaken the case for being one made by the brand. If quality is a problem then the viewer may falsely attach the negative quality with the brand. On the other hand, if the brand sells or wants to cell such accessories the products pictured above might compete with the brand. This is one of those situations where ignorance of the law is not an excuse.

Do you agree that products like these hurt the brand owners?

♥ Thanks for reading and supporting my blog! ♥

*a cease and desist letter is a notice sent by the IP owner or representative to stop use of IP. See this post.

Petite Fashion Challenge #16

2012-05-30T17:32:00.000-07:00

Dressing for a Summer Wedding

This month's challenge is hosted by Petite on a Penny.

The challenge:

“Create an outfit for a summer wedding (the dress code is up to you). For bonus points (and this is what I'll be doing!) try to make your whole outfit, head to toe, come in under $100!”

Although my blog is focused on fashion law and career attire, I excuse myself from professional dress with these challenges. So, I am showing a few looks!

This is the first year I have had more than a handful of friends ask me for advice on what to wear as guests to upcoming weddings. I shutter to think that it is because I am approaching "that age" when you are supposed to be married. Being a career focused woman, and trained in the law nonetheless, marriage and popping out babies just is not something on my mind. I will just fall back on remembering that most of my friends are a decade older than me ;-)

The weddings I have attended were very formal so I am taking this challenge as a chance to play around with less formal looks... Dress code a la resort formal or cocktail attire.

Wedding Look #1:

My default is usually a long halter top black dress; however, I intend on changing this because I have heard from different sources that some cultures see all black as bad luck. To not seem as if you are hoping ill will on the happy couple, go for a dress with pattern.

Of course do not forget to do a dance test. Below I am attempting to see whether this dress lends itself to a night of dancing. For one you cannot tell that I am trying to dance here, you probably would not be able to tell if you saw me twitching on the dance floor a la Eileen in Seinfeld either...

A dress like this one here gives off a romantic vibe since the colors tie in a floral theme. -Because is it just me or is this dress reminiscent of rose petals?

As when dressing normally for work, do not be afraid to accessorize your dress. Cinching in your waist is always a good thing! Even with this leather sash belt that does not necessarily 'match' my dress, the cinching fixes up the bagginess from above.

As for my handbag option, I like to go for a clutch or small purse with interesting chain. This one here holds my iPhone, lipgloss, car keys, small compact, and card case with room to spare.

Outfit details:

Robert Rodriguez dress, Christian Louboutin knot wedges,

Bottega Veneta knot clutch, Rolex watch

Wedding Look #2:

Just like you should aim not to be offensive in a color that may be deemed as causing bad luck, you should try not to wear a dress in the color that the bride will don unless she invites you to do so or okays it beforehand. If you are the date of a guest I say stick to a more conservative approach on dress choice when it comes to cut, color, and style.

In most American or European weddings the bride will likely wear white so be free to be the lady in red. Also, keep in mind that a Chinese bride may likely wear red.

The color red for a Chinese wedding represents good luck, good fortune, and happiness. That being said it might sound like a good idea to wear red to a wedding but it is most likely that the bride will be in this color, so, opt for a different color. I think it is best to play it safe rather than being seen as trying to steal or share the spotlight with the bride.

The red color and crumb catcher are fun and girly. The crossed back design further gives the dress a young girly feel. For petites this look is dangerous, because it can make us look young! To combat the extremely youthful appearance I opt for Louboutins and a Parisian-esque cat eye.

Outfit details:

Kirribilla dress (here, similar here), Bottega Veneta knot clutch,
Christian Louboutin no prive slingback heels, Rolex watch

~~Wedding~~ Look #3:

Attending the wedding of a beloved frenemy? Want to steal the show? Then dress in all white and twirl around during the ceremony! -Just kidding, of course.

I had a friend who only wore white to weddings (as a guest!). I had to defriend her just in case I ever have a wedding. J/k, kinda. Anyway, I do not see why people go for off-white or white gowns when they know the bride will be in this color. -Keep in mind that even a traditional Chinese bride may opt for one of her dress changes to be into a white one.

This dress is actually an example of what is inappropriate for a wedding. A dress like this would draw negative attention in any color. The material is right but this dress is just too revealing for a wedding. Do not be that girl who tries to find a man at a wedding. It is weird and desperate but if it happens let it happen in appropriate attire.

Outfit details:

Silk jersey dress from French boutique

Steve Madden heels, Buxom "cherry flip" lip cream

Are you married or planning on it? Would you be okay with someone wearing the same colored dress as you?

General Tips:

If you are unsure of the dress code, ASK!

Sticking out and being yourself is always good but try not to stand out for the wrong reasons.

Opt for comfortable shoes.

Dancing the night away is fun and encouraged. Help make that wedding video capture fun memories by busting a move on the dance floor.

When in doubt a wrap dress with classic jewelry can save you!
It is a wedding, not a nightclub. Your makeup should reflect this difference.

♥ Thanks for reading and supporting my blog! ♥

What to wear for Memorial Day

2012-05-26T21:09:00.000-07:00

Keep a little spring in your step during the holiday weekend by wearing colorful shoes.

A red, white, and blue color scheme is just as predictable for memorial day as it is for independence day but that is because it is patriotic and works! You cannot go wrong with these colors. But if you want to change it up, go monochromatic this year. Need to wear less? You can change my red nails, white purse, and blue shoes for red lips, white bikini, and blue skies.

This dress is extremely comfortable, affordable, and petite friendly. This dress is spacey throughout the bust so it works well to camouflage a fuller chest or accommodate broad shoulders. I did not mind the sleeves so much since they helped protect me from the sun but I am thinking of removing the sleeves.

I hope to one day have a large boutique-style walk in closet where I can display shoes as art. You see, I like the curves of sexy stilettos but I would prefer to display them because I do not like to torture my feet.

How quickly can you walk in heels compared to when you walk in flats?

Here I am caught in flats. Truthfully, I am almost never in stilettos. I like to walk fast and high heels slow me down! Also, if I will be grilling or barbecuing, comfortable shoes are a must for me.

♥ Thanks for reading and supporting my blog! ♥

Guess who copied Gucci! Yes, Guess!

2012-05-22T15:32:00.001-07:00

Fashion law update on the case of Gucci v. Guess

The Guess sneaker above was found guilty of many counts of trademark dilution ;)

Super quick recap: Three years ago, Gucci filed a trademark infringement lawsuit against Guess. For more info read my first post about this case (here).

Super quick update: Yesterday, Guess was ordered to pay Gucci $4.66 million (of the $221 million sought) for trademark infringement!

Judge Scheindlin (Judge Shira Scheindlin, not Judge Judy Sheindlin), found Guess guilty of four out of the five trademark fashion law crimes alleged by Gucci. Guess's use of script mark was the only thing that got away here because script fonts are extremely common in the fashion industry.

I previously discussed that Gucci might have some hurdles over the statue of limitations. Judge Scheindlin's opinion explained that

"although the Lanham Act does not include a statue of limitations, the Second Circuit has held that the six-year limitations period from New York State fraud law applies." However, as trademark infringement is a 'continuing wrong.' the statute of limitations defense only applies to bar monetary recovery beyond the statutory period, and does not limit the availability of injunctive relief."

As to dilution, since Gucci had no evidence of actual dilution, the Judge granted summary judgment on this point.

I will not regurgitate what you can read in the opinion (here). This opinion was a quick and fun read. If you enjoyed my previous posts discussing likelihood of confusion then you should take a look at how a Judge goes through the different factors.

...But what does it all mean?
Well, aside from the money Guess will have to shell out to Gucci, it will have to spend a lot more pesos to change up its trademark infringing designs and logos. The fashion world shall say goodbye to Guess's interlocking G logos. But do not fret! Guess will likely find new "inspiration" for us to discuss!

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How to dress for graduation and a cocktail reception

2012-05-20T16:28:00.001-07:00

Bonjour tout le monde! Only if you follow my social networking accounts have you been hearing from me as of late. I was busy earning my JD, after which I enjoyed a new found freedom; however, the end of law school is bitter sweet. I am finished with school but I start studying for the bar exam soon.

With graduation season upon us, I am posting what I wore to mine and I feel inspired to give a speech:

On our very first day at Harvard, a very wise Professor quoted Aristotle: 'The law is reason free from passion.' Well, no offense to Aristotle, but in my three years at Harvard, I have come to find that passion is a key ingredient to the study and practice of law - and of life. It is with passion, courage of conviction, and strong sense of self that we take our next steps into the world, remembering that first impressions are not always correct. You must always have faith in people. And most importantly, you must always have faith in yourself. Congratulations Class of 2004, we did it!

Oops, that was Reese Witherspoon's speech as Elle Woods in Legally Blonde.

I was glad that the graduation gown perfectly showcased my heels and pink pedicure. If only I had a little chihuahua to walk across the stage with me to finish off my 'Legally Brunette' look...

Still, the most important thing for walking across stage is how your feet ~~look~~ feel. Heels add height and look great but if you are uncomfortable it can spoil your day. Lining up and being ushered around means you should opt for something comfy. The picture above of my feet was after six hours of wear. Just like my dress, my shoes were already part of my wardrobe so I knew how I would feel in them. Be sure to test out new shoes. Maybe invest in a shoe stretcher or wear socks with your shoes around your home.

I sported a fabulous suit to my graduation dinner but I wore this dress to commencement and my school's reception because becoming a lawyer does not mean you must don professional attire 24/7. Besides, I find lightweight dresses to be best under those graduate hoods and gowns. I also think sleeker dresses are better than something that puffs out. As you can see, my skirt has a thin petticoat attached. Leaving my petticoat bigger could have made me appear too wide. The robes add enough bulk.

I also opt for something classic instead of on trend because I want to look back on pictures from big events without focusing on outdated aspects of my look. Similarly, any makeup you wear should not be too punched up. I saw one face that seriously made me wonder if the girl under the layers of makeup was acting in a play right after the ceremony. I went with eyeliner, mascara, light blush, and lipgloss.

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