Cloth legal meaning
In addition to intellectual property law, fashion law also has a solid foundation in business law. Fashion law consists of several legal disciplines. Some of these areas include licensing (where the designer, licensee grants a licensee permission to use their intellectual property rights), competition law, human rights laws (issues related to abuse of labor in factories), labor law, and others. As mentioned earlier, in the United States, fashion law is accepted as an autonomous legal discipline. It is described as follows: “Fashion law encompasses the legal substance of style, starting with the original idea of the designer and all the way to the consumer`s closet” (Furi-Perry, 2013). A relevant question is whether the average consumer would pay the same amount of money for a garment from an unnamed brand as for a garment from a well-known brand. Since the answer to this question is usually no, the conclusion is that fashion is not only the activity of selling clothing, but also the activity of selling intellectual property. Therefore, the main legal norms and regulations concerning fashion law are provisions relating to intellectual property. When a person hears the word “fashion,” most people automatically associate it with clothes. However, fashion does not only mean clothes, but also jewelry, cosmetics and perfumery. Fashion in general means a person`s style, a certain behavior, and how they can express their personality.
It is also a means of non-verbal communication. Fashion has always been a central part of people`s lives and therefore not only an art form, but also an important industry. However, we recommend that you explore these options in more detail as part of the role of the proposed Business Development Officer (see Section 9.3). Other low-cost settlement options that warrant further investigation are: Conversion of textile waste into insulation (see supplement) or industrial fabrics; Clothing exchange meets – this idea is part of “collaborative consumption” and has become increasingly common over the past decade. Fashion law in Europe is considered an emerging area of law. In the United States, however, fashion law can be referred to as an autonomous legal discipline. This is due to the fact that the social and economic importance of the fashion industry has grown rapidly, representing a global industry worth $1.7 trillion (Jimenez, Kolsun, 2016). The pioneer of fashion law is Susan Scafidi, who started the blog “Counterfeit Chic” in 2005. Later, she also founded the Fashion Law Institute, based at Fordham Law School, which introduced the first law courses in fashion law. The institute itself is the world`s first center dedicated to fashion law and economics. Like the previous discipline, public fashion law encompasses several other branches of law.
The most notable are freedom of expression (about the message the artist can convey and how it can be restricted) and criminal law (a criminal aspect of fashion law is fake and grey market products). Middle English, made of Old English clÄth fabric, clothing; Similar to the Kleit garment of Middle High German As already mentioned, the most important legal regulations for fashion law are the Intellectual Property Act. Fashion items in Europe are usually protected by trademark law and sometimes also by copyright. Once the designer has received legal protection for their creations, no one is allowed to recreate them without permission. However, due to fast fashion counterfeits, imitations, trademark infringements, and gray market products, protecting these trademark or copyrighted creations is a daily struggle. Intellectual property infringement is a huge problem, as the size of the illegal industry accounts for 5-7% of global trade, or between $500 billion and $600 billion a year. This equates to twice the profit from the global sale of illicit drugs (Ballard et al., 2016). Fashion as an industry began in the 17th century and had its center in Paris, France. The French royal family wanted to dress superbly and be unique, so the best fashion designers worked for the royal family. That`s when haute couture began its existence. However, the formal creator of haute couture is Charles Frederick Worth.
In the 19th century, Worth opened his first clothing store in Paris (Werlin, 2010). Only wealthy customers could afford to spend money on Worth`s clothes. They first had to visit the designer, choose the fabrics and colors, have their measurements taken, and only then did the designer sew a custom garment. Before the 12th century, in the sense defined in the 1a sense, fashion designers and fashion products, especially in the 19th and 20th centuries, began to be closer to the “average” consumer. Not everyone could afford to buy haute couture dresses. For this reason, there is a tailor-made fashion, a line of full-size clothing that is made worldwide and according to lower quality standards, which makes clothes cheaper. In addition to haute couture and tailor-made, however, there is a third category, namely fast fashion. This is based on the latest fashion trends, so the products are considered stylish for a short time. Products are usually made from synthetic and cheap materials, which means that the shelf life is reduced. The manufacturing process is not environmentally friendly. Most of the products are manufactured in Asia, which leads to several legal problems, with human rights and labour law being the most worrying. Intellectual property rights issues also arise when fast fashion copies ideas from protected fashion houses.
These sample phrases are automatically selected from various online information sources to reflect the current use of the word “clothing.” The opinions expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us your feedback. Law as a science must adapt to new challenges. Due to social, economic and technical growth, society and, consequently, the law are facing new difficulties that must be regulated by law. Fashion has always been part of everyday life, but recently a new legal discipline has been created due to the advent of intellectual property rights and various problems in economics and other areas of law. This article is an introduction to fashion law. In the first part, the history of fashion is analyzed, and the term is divided into three main categories. In the second part, the article presents fashion as a legal discipline, its creator and the main topics of fashion law that fashion law currently deals with. Usually, new designers and fast fashion houses imitate other products. However, this finding should not be generalized. In the world of fashion, one can also find the opposite, because even the big fashion houses are sometimes largely inspired, or worse, they imitate either small designer houses or traditional artistic products.
Recent case law mentions problems regarding some kind of bamboo bag or symbols of the Navajo Nation used in the fashion world without properly mentioning and respecting their origins (The Fashion Law, 2019). But it`s not just fashion products that are being copied. Fashion houses are engaged in legal disputes regarding the illegal use of their logos. Notable cases are Chanel/EUIPO – Jing Zhou (ornament), Louis Vuitton Malletier/OHIM, Nanu-Nana and Polo/Lauren Company LP/OHIM, FreshSide Ltd. In addition, the infringement of intellectual property rights may result in prosecution against the unauthorized user through the imposition of a fine (compensation) or in serious cases. If we take as a model the work of Faux (2013) on the different types of illegal reproduction of clothing, we will briefly examine the differences between the currently existing counterfeiting activities. A counterfeit item is identical to the original item and therefore infringes the trademark of that product. A counterfeit element is a copy that is very similar to the original without being identical to it. In this case, the original and the copied object are legally protected. Trademark infringement can lead to confusion with a pre-existing fashion item protected by law, although we cannot immediately talk about a fake or imitation. What needs to be considered is the risk of confusion. Another problem is what brands deal with is the situation where products are made from authorized sources, but then sold in an unauthorized market.
This can result in the loss of the owner`s control over the brand`s reputation. Elle, (2019) Co Ever Haute Couture? [online] Burda International CZ s.r.o., Source: www.elle.cz/moda/navrhari/co-je-haute-couture, [Access: 13.10.2019]. Scafidi, S., (2013) Counterfeit Chic [online]. Source: counterfeitchic.com/, [accessed 2019.10.13]. The Fashion Act, (2019) What do fashion brands really sell? [online]. TFL LLC, Source: www.thefashionlaw.com/home/what-are-brands-really-selling, [Accessed 13.10.2019]. Even though fashion is all about inspiration, it`s important to mention the big difference between inspiration and imitation. When imitated, the final product is an essential copy or copy of another artistic work.
However, when the designer is inspired, the product is inspired by existing elements and later these elements are interpreted in an original way (The Fashion Law, 2019). Furi-Perry, U. (2013) Das kleine Buch des Moderechts. Chicago, Illinois, American Bar Association Report of the Industry Trade Advisory Committee on Textiles and Clothing (ITAC-13) on the Free Trade Agreement between South Korea and the USA (KORUS). Faux, D. H. (2013) The American Bar Association`s Legal Guide to Fashion Design. Chicago, American Bar Association. DirectorChildren`s support- Child support management- TransportChildren`s support- Clothing and supplies Child support- Staff maintenance: Persons whose main function is the maintenance and repair of buildings and the site.