First off, the legal dispute between Tory Burch and her ex-husband Chris Burch, colorfully dubbed by Judge Strine as a "drunken WASP fest" has been settled. As noted in our previous post, the dispute began over the sale of Chris's stake in Tory Burch LLC, which Chris claimed his ex-wife made difficult for him to do. Additionally, Chris claimed that Tory Burch was also interfering in business partnerships related to his new retail concept C. Wonder, which many claimed that its seeming likeness to the Tory Burch chain upset his former wife.  This was confirmed when Tory Burch countersued her former husband for trade dress infringement over the similarities between the two brands, as well as unfair competition and breach of fiduciary duty.

The similarities included the resemblance of their gilded logos, in-store light fixtures and respective candy-colored decor. Tory Burch’s lawyer Marc Wolinsky told WWD at the time, “[t]his guy ripped off Tory Burch. His product looks like our product, his stores look like our stores.” Chris Burch's lawyer Andrew Rossman responded that both of the brands’ products reflected “timeless styles that other people invented.” The terms of the settlement remain confidential. However, it is known that Chris Burch still retains an undisclosed stake in Tory Burch LLC.

Second, the Innovative Design Protection Act (IDPA) of 2012 has died in Congress because the 112th Congress has ended and the bill was not passed into law. Fashion continues to remain in exile of the U.S. Copyright regime, perpetuating the knock-off industry. 

Here's hoping that Senator Schumer will reintroduce the IDPA in the next session of Congress.  Designers deserve to be afforded some form of copyright protection. One thing is for sure- the debate over copyright protection for fashion continues.

Third, the Federal Trade Commission (FTC) fined four retailers — Macy’s Inc., Sears Roebuck and Co., Amazon Inc. and Leon Max Inc. — a combined $1.26 million for allegedly falsely labeling rayon products as made of bamboo. I have encountered some major labeling issues as a fashion lawyer and can confirm that the FTC does NOT mess around when it comes to labeling products, especially those meant to be eco-friendly. Their specific guidelines are meant to protect the consumer and prevent false advertising and misleading labeling.

Charles Harwood, acting director of the FTC’s Bureau of Consumer Protection, told WWD “If a textile is made of rayon, sellers need to say that, even if bamboo was used somewhere along the line in the production process.” Sears, including its Kmart subsidiaries, agreed to pay $475,000 to settle the charges, while Amazon agreed to pay $455,000, Macy’s $250,000 and Leon Max $80,000. More posts on FTC apparel guidelines to come.

Last and most recent, John Galliano won the first round of what is sure to be a protracted and intense labor dispute after a Paris court ruled that it was qualified to hear Galliano’s claims against his dismissal in March 2011 after 15 years as creative director at Dior, following a series of public outbursts during which he uttered racist and anti-Semitic insults. John Galliano blamed the remarks on work-related stress. 

Despite the disgrace in Galliano's downfall, complicated commercial contracts remain at the heart-and-center of this dispute. Dior's attorney believes that the Labor Relations Court is not qualified to hear the case, since Galliano was linked to Christian Dior Couture and John Galliano by a multitude of contracts, including several consultancy agreements with Galliano’s company, Cheyenne Freedom. He added that these could not be treated separately from the employment contracts established between Galliano and the two companies, and that he was therefore more an independent contractor than a subordinate. Nevertheless, the Paris court did not seem to agree and it remains to be seen what kind of severance package Dior's former employee will get.

2013 has already proven to be a fruitfull one in the fashion law world. TFG will be sure to be at the forefront of these as well as future cases and developments. 

For those of you who are unfamiliar with the creative director of Vogue, Grace Coddington is one of the centripetal forces behind the magazine. She is a key figure in developing the look, style, and feel of the magazine's masterful editorial spreads. Time magazine summed it up best: "If Wintour is the Pope [...] Coddington is Michelangelo, trying to paint a fresh version of the Sistine Chapel twelve times a year."

There has been a lot of buzz surrounding this book. Personally, I became fascinated with Grace Coddington years ago after watching The September Issue. Throughout the documentary, I couldn't help but wonder- who is this talented woman who is boldly challenging the Anna Wintour on her editorial choices? Who is this witty woman who brings up "budget" issues in front of the camera as an admittedly sassy strategy to put Anna on the spot so she would finally give in to Grace's idea? More importantly, who is this talented woman that Anna Wintour ends up conceding to when she decides to keep the images Grace was advocating for in the magazine's final copy of its biggest issue? It's clear there is a long history and ironclad respect between these two fashion power-players. The documentary made Grace Coddington into an icon in her own right. And from the quick excerpt I read while flipping through the book, her wit, down-to-earth, and open attitude come through in her writing as well.

The memoir essentially chronicles her 50 years in the fashion industry, from a young model, to editor, and finally to creative director of Vogue.  She compares the fashion world from then to now and how it has changed from a niche industry into a celebrity-oriented, global pop culture medium. She also gives us an insight into her relationship with Anna Wintour, as well as her personal life and relationships. This is one book I look forward to delving into over the holidays. If you're interested in joining me, you can purchase a copy here. 

-Michelle Ochs, Cushnie et Ochs

Before Chanel, women's fashion consisted of corsets, long, full skirts, feathered hats, bright colors, and plush, heavy fabrics. Women were treated like and dressed like ornaments. Chanel came in and redefined women's fashion by introducing menswear-inspired pieces like trousers, jersey fabric, and of course, the little black jacket. She wanted the modern woman to be free and comfortable and she made sure every cut, stitch, and seam did just that. Doesn't seem so revolutionary now, but considering the fact that this occured not too long after the turn of the century, her vision was pretty trailblazing. Excuse me as I dork out here, but this video is what true fashion is all about. This is why true designers deserve recognition. With every calculated proportion, measure, and stitch, they bring a vision to life and create something out of nothing. And the truly talented ones, like Chanel, can create something that changes the way people think. 

Oh, to be an aspiring lawyer with a creative streak. If you are one, then you probably used to love to write, or play the piano, or take photographs, or make jewelry, but those were all "hobbies" and you continued to work your way into law school because there was something about the law that called to you and because you wanted a "secure" profession. And then half-way into your semester of Torts you realize, "what the hell did I sign up for?"

At least that was my personal experience. Fashion was always my creative outlet. And while I worked in fashion prior to law school, I continued to pursue my legal education only to eventually feel suffocated by the idea of not having a career that tapped into my creativity. But a light-bulb went off and I found a way to tie my legal expertise into my creative and entrepreneurial streak. Along the way, I had the honor of attending Fordham's Fashion Law Institute and meeting a group of brilliant, like-minded law students and attorneys- one of whom was Sarah Feingold, Counsel for Etsy.com.

Sarah Feingold, Counsel at Etsy.com

During our time at the Fashion Law Institute, Sarah and I bonded over our similar experiences. Except Sarah didn't have an "Institute" to guide her along in pursuing her goals. She tapped into her artistic streak as a lawyer before the industry began to really acknowledge this sub-specialty. Her exceptional career is of her own making. As in-house counsel for a leading e-commerce site, Sarah has had her fair share of experiences in lawyering creative types. From the artist-client that wants to sell his or her handmade goods online, to the entreprenuer who likes to take risks and think outside the box, Sarah's experience has made her a true expert in the cross-section of law, artistry, and technology. She not only authored an ebook entitled Copyright for Artists, but she also has her own jewelry line, Feingold Jewelry, on Etsy. In short, she is a rockstar. Despite her busy schedule, Sarah took the time to answer a few questions for TFG's interview series. We are so excited to share her story with our readers and hope that it will inspire more lawyers out there to do what they love. Check out her interview below! 

Q: How did you come to work for Etsy?

A: Long story short, I studied metalsmithing in high school, in college and in law school. My goal was to be an attorney for artists and so in law school I focused my research on this area of law. While in law school I started writing the ebook Copyright for Artists. In 2006, while working at a Rochester NY law firm, I started selling my jewelry on Etsy.com and completely fell in love with the site. I loved the concept and the design. One day I reached out to Etsy's customer support team and one thing lead to another and I got into contact with Rob Kalin, Etsy's founder. After discussing some legal concepts and Etsy policies with Rob on the phone, I realized that Etsy did not have an in-house attorney. I immediately sent Rob my resume and booked a flight from Rochester, NY to New York City and notified Rob that I was coming to town for an interview. He hired me. 

Q: What led to your decision to publish your ebook Copyright for Artists? What was the writing process like?

A: I completed all intellectual property classes offered by my law school and I knew there was so much left to learn. I approached my intellectual property professor, Laura Lape, and asked if we could work together on an independent study. This independent study turned into my ebook, Copyright for Artists. As for the writing process, I interviewed artists, I looked online for common small business questions, and, of course, I read legal books. Through my research I found that artists like visuals, so I made sure to include lots of graphs and illustrations in my finished product.

Through his book, Pharrell strays from the classic chronological autobiographical model and provides an account of his unique career through a more graphic design approach. At the crossroads of art, design, popular culture, and street, this visionary can talk to you about Chanel's black jacket exhibit, then turn around and create a pop hit for Madonna and Miley Cyrus, all while forwarding along his passion for education and natural design sensibility through The Pharrell Williams Resource Center. Say what you will, in a world where "jack of all trades, master of none" has become commonplace, Pharrell has managed to master them all. His book is worth your time if you're ever curious to see how the mind of a Renaissance man works. Produced in different colors, you can pick up a copy here.

In her court papers, Tory's lawyers cited breach of fiduciary duty, breach of contract, equitable relief, unfair competition, misappropriation of trade secrets and deceptive trade practices. She is looking for injunctive relief, damages and attorneys’ fees and expenses. The designer alleges that her former husband “repeatedly asked for and was given full complete access to competitively sensitive information about the company [Tory Burch LLC] and its best-selling products” in order to create the retail concept C. Wonder. Tory considers C. Wonder a "knock-off" of the Tory Burch retail concept, in everything from the store fixtures, furnishings, area rugs, and wall treatments to the sweater designs, button details, and general aesthetic. In her counterclaim, Tory's lawyers cited examples in which media outlets have confused C. Wonder with Tory Burch. However, Chris's lawyer responded that his client has not violated Tory's intellectual property. "These are timeless styles that other people invented. I don’t think Tory Burch invented the cardigan, the gold button or the ballet flat.” Since this is the latest fashion law case that keeps on giving, we'll be sure to keep our readers updated with any further developments. 

Image Courtesy of NYmag.com

-Rei Kawakubo (of Comme des Garçons)