Fashion law is a growing field that deals with intellectual property, copyright, and trademark issues, as well as international trade agreements, import/export laws, and customs regulations. Fashion attorneys represent clothing manufacturers, designers, artists, and models. The production and sale of counterfeit designer clothing is a major problem, and designers need legal advice on international agreements and copyright protections. Litigation often arises between designers and retailers over alleged copies of original designs. Contract negotiations between designers, models, and retailers are also important legal issues in the fashion industry. Manufacturers must comply with labor and safety laws, as well as import/export and duty laws.
Fashion law is a rapidly growing specialized field and is beginning to be taught in law schools. He mainly deals with intellectual property, copyright and trademark law issues. International trade agreements, import and export laws, and customs regulations all play a role in the fashion industry. A fashion attorney may represent clothing manufacturers, retail chains, clothing designers, artists or models.
Intellectual property, copyright and trademark law are important aspects of fashion law for fashion designers. The production and sale of counterfeit designer clothing and accessories is a huge problem worldwide and can cost designers millions of dollars. Designers often need legal advice on international agreements such as the new Anti-Counterfeiting Trade Agreement, signed by several countries, including the United States. The Design Piracy Act, a proposed US law, would strengthen copyright protections for the fashion industry, as well as increase penalties for importing and selling pirated goods.
Fashion law sometimes leads to litigation between designers and outlets. These usually involve allegations by a designer of an original fashion that a retailer is selling clothing so similar that it constitutes a copy or is confused with the original. One example of the global reach of fashion controversies is the settlement of a lawsuit filed by Hell’s Angels Motorcycle Club against a French and Saks Fifth Avenue clothing designer for using his “death’s head” insignia in fashion models. Copyright and trademark disputes often involve perfumes, colognes, jewelry and other fashion accessories. Another legal issue in the fashion industry involves determining the circumstances under which designer clothes and accessories can be ‘auctioned’ on Internet sites.
Contract negotiations between designers and the models who wear their designs in fashion shows are central to the fashion industry. Retailers can also contract with their models for appearance in their catalogs. Fashion photographers and design artists also have legal interests to protect in the fashion industry. It is important for artists to ensure that the copyright of their work is protected and that they receive adequate royalties.
Apparel manufacturers have their own fashion law issues. Manufacturers are subject to applicable labor and safety laws in the country of production. In the United States, a fashion attorney must be familiar with both federal and state labor laws. Knowledge of import, export and duty laws is also very important, as is knowledge of any foreign trade agreements that allow clothing and textile manufacturers to enter and compete in the global marketplace.
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