• Protection of brand through different typologies of intellectual property rights, as well as international filing and creation of domain name that can be used to protect fashion creations and models;
• Fashion business through fashion negotiations and specific agreements for the industry;
• Counterfeiting issues: from product liability to consumer protection;
• Role of ethics and initiatives by the brands in the industry.

The courses are regularly supplemented with practical cases (simulations with managers and lawyers of the fashion industry) and a case study method of teaching will be adopted wherein the participants will be delegated a brand and will be required to create all the legal compliances.

The “Fashion Law” courses are designed to provide participants with the most up-to-date practical information, benchmarks, and industry expertise on the most important areas of legal frameworks and perspectives in the fashion and luxury industries. Starting with an overview of the industry, including legal compliance of fashion brands, intellectual property, and specific agreements, the course will focus on all major stages of the fashion lifecycle and promote applied framework to the fashion and luxury industry.

A comprehensive curriculum is designed to delve deeper into the legal perspective of the fashion world. It acts as a conceptual guide to understanding the process of IP protection in fashion, laws associated with counterfeiting, ethics, and sustainability, licensing and franchise agreement, and the various redressal mechanisms in the fashion industry.

The following are the modules that are covered under the course:

Course

The “Fashion Law” courses are designed for:

• Graduates, law students, and practicing lawyers who wish to learn the fundamentals of fashion and luxury industries from a legal standpoint.
• Graduates and students of business and economics who want to learn about the most significant legal issues in the fashion and luxury industries in order to develop cross-disciplinary and intra skills that will enable them to effectively manage core processes, particularly in small and medium-sized businesses.
• Graduates and students of Fashion, Journalism or Photography who seek to learn more about the plethora of legal issues associated with the Fashion industry.

WHY TAKE THE COURSE?

The courses are designed for law graduate students, practicing lawyers, young managers, professionals, and young entrepreneurs who are interested in tackling the difficulties of the fashion market. It’s a great way to learn about the comprehensive legal challenges and best practices in the sector. The participants will explore different pillars of fashion law such as intellectual property, business, and finance including employment law, international trade and government regulations including sustainability, consumer culture, and complaint mechanism.

Teaching Model:

The Method of teaching is Online via our own LMS portal. The teaching model is composed of the following –

• Comprehensive online live lectures
• Guest Speakers – Fashion Lawyers, Fashion Designers & other eminent Fashion and Law professionals
• Case Studies and Project Works
• Drafting of Commercial Agreements relating to Fashion Industry
• Drafting of Fashion Business Plans
• Conceptualizing legal issues in fashion

Assignments:

The students of both the course are assigned mock fashion brands for drafting a business plans, supply chain flowcharts, contracts/agreements relevant to their product line, compliances, etc. followed by the final brand presentation. To help the student, one-on-one sessions are organised to guide them about the assignments. The assignments are to be submitted online via LMS in order to receive feedback from the faculty.

KEY FACTS

Course Language: English

Duration:

12 weeks (Diploma Course) (10+ Industry Expert Sessions)

+ Option of 1 Month Internship with Fashion Law Journal

Next Batch: 15th Nov ’22 (Enrollment starts on 15th September’22, Limited Spots)

Deliverables:

• At the end of the course, a Certificate in “Fashion Law” by Dept of Fashion Laws, Legal Desire, and Fashion Law Journal will be delivered to each candidate.
• One Month Internship at Fashion Law Journal (As per the availability of Spots and candidate’s preference of Month)
• The participants will be provided with the following resources:
  • Course Planner Notebook with Brand & Module Checklist
  • Academic
  • Templates
  • Sample Agreements
  • Checklist
  • Fashion Business Plans
  • 15+ Countries Brand Setup Compliances
  • Supply Chain guide

Value:

$550/-

Register: As Course curriculum includes interactive sessions, mock brand setup assignments and one-on-one session, we have limited spots to continue impart quality education, interested applicants can register using the following links:

Click Here to Apply

Contact: For any queries, feel free contact : +91-8849165139 or drop an email to fashion@legaldesire.com 

If you wish to join certificate course, click here.

The post Fashion Law Diploma Course by Legal Desire and Fashion Law Journal appeared first on Legal Desire Media and Insights.

• Protection of brand through different typologies of intellectual property rights, as well as international filing and creation of domain name that can be used to protect fashion creations and models;
• Fashion business through fashion negotiations and specific agreements for the industry;
• Counterfeiting issues: from product liability to consumer protection;
• Role of ethics and initiatives by the brands in the industry.

The courses are regularly supplemented with practical cases (simulations with managers and lawyers of the fashion industry) and a case study method of teaching will be adopted wherein the participants will be delegated a brand and will be required to create all the legal compliances.

The “Fashion Law” courses are designed to provide participants with the most up-to-date practical information, benchmarks, and industry expertise on the most important areas of legal frameworks and perspectives in the fashion and luxury industries. Starting with an overview of the industry, including legal compliance of fashion brands, intellectual property, and specific agreements, the course will focus on all major stages of the fashion lifecycle and promote applied framework to the fashion and luxury industry.

A comprehensive curriculum is designed to delve deeper into the legal perspective of the fashion world. It acts as a conceptual guide to understanding the process of IP protection in fashion, laws associated with counterfeiting, ethics, and sustainability, licensing and franchise agreement, and the various redressal mechanisms in the fashion industry.

The following are the modules that are covered under this course:

Module 1: Introduction

• What is Fashion?
• History and Evolution
• Fashion industry and Stakeholders
• Who is a Fashion Lawyer?
• Work Profile of a Fashion Lawyer
• Legal Issues in Fashion Industry
• Laws Relating to Fashion Industry

Module 2: Compliances

• Registration
• Protection
• Real-Estate
• Banking & Taxation
• Corporate Compliances
• Prevention of sexual harassment at work place

Module 3: Fashion Law and Business

• Brand Setup
• Supply Chain
• Business Plan
• Franchising
• Marketing and Sales
• International Trade

Module 4: Fashion and IP

• Copyrights
• Trademark and Trade Dress
• Design
• Patent
• Geographical Indication
• Domain Name
• Trade Secret
• International Filing
• Brand Counterfeiting
• Product Counterfeiting
• Remedies
• Complaint Mechanism

Module 5: Fashion Law & Negotiation

• Types of Agreements
• Licensing Agreement
• Manufacturer Agreement
• Supplier Agreement
• Distribution Agreement
• Modelling Agreement
• Celebrity/Influencers Agreement
• Marketing and Advertising Agreement
• Non-Disclosure Agreement
• Franchise Agreement
• Employment Agreement

Module 6: Fashion and Employment Law

• Employment Nature & Agreements
• Applicable Laws (Labour Codes and Human Rights)
• Working Condition
• Prevention of Sexual Harassment
• Rights of Workers
• Rights of Fashion Models
• Welfare Schemes

EDUCATIONAL GOALS 

The “Fashion Law” courses are designed for:

• Graduates, law students, and practicing lawyers who wish to learn the fundamentals of fashion and luxury industries from a legal standpoint.
• Graduates and students of business and economics who want to learn about the most significant legal issues in the fashion and luxury industries in order to develop cross-disciplinary and intra skills that will enable them to effectively manage core processes, particularly in small and medium-sized businesses.
• Graduates and students of Fashion, Journalism or Photography who seek to learn more about the plethora of legal issues associated with the Fashion industry.

WHY TAKE THE COURSE?

The courses are designed for law graduate students, practicing lawyers, young managers, professionals, and young entrepreneurs who are interested in tackling the difficulties of the fashion market. It’s a great way to learn about the comprehensive legal challenges and best practices in the sector. The participants will explore different pillars of fashion law such as intellectual property, business, and finance including employment law, international trade and government regulations including sustainability, consumer culture, and complaint mechanism.

Teaching Model:

The Method of teaching is Online via our own LMS portal. The teaching model is composed of the following –

• Comprehensive online live lectures
• Guest Speakers – Fashion Lawyers, Fashion Designers & other eminent Fashion and Law professionals
• Case Studies and Project Works
• Drafting of Commercial Agreements relating to Fashion Industry
• Drafting of Fashion Business Plans
• Conceptualizing legal issues in fashion

Assignments:

The students of both the course are assigned mock fashion brands for drafting a business plans, supply chain flowcharts, contracts/agreements relevant to their product line, compliances, etc. followed by the final brand presentation. To help the student, one-on-one sessions are organised to guide them about the assignments. The assignments are to be submitted online via LMS in order to receive feedback from the faculty.

KEY FACTS

Course Language: English

4 weeks (Certificate Course) (Self-paced Course)

+ Option of 1 Month Internship with Fashion Law Journal

Deliverables:

• At the end of the course, a Certificate in “Fashion Law” by Dept of Fashion Laws, Legal Desire, and Fashion Law Journal will be delivered to each candidate.
• One Month Internship at Fashion Law Journal (As per the availability of Spots and candidate’s preference of Month)
• The participants will be provided with the following resources:
  • Course Planner Notebook with Brand & Module Checklist
  • Academic
  • Templates
  • Sample Agreements
  • Checklist
  • Fashion Business Plans
  • 15+ Countries Brand Setup Compliances
  • Supply Chain guide

Value: $200/-

Register: As Course curriculum includes interactive sessions, mock brand setup assignments and one-on-one session, we have limited spots to continue impart quality education, interested applicants can register using the following links:

For Indian Candidates, Register Here

For International Student, Click Here to Submit details

Contact: For any queries, feel free contact : +91-8849165139 or drop an email to fashion@legaldesire.com 

The post Fashion Law Certificate Course by Legal Desire and Fashion Law Journal appeared first on Legal Desire Media and Insights.

Indian textile and apparel industry contributed 2.3% to the GDP of India, 13% to industrial production and 12% to export earnings in the year 2020-2021. Textile Being a billion dollar industry attracts various legislations such as IPR laws for the protection of artistic works of the creators, Consumer Protection act 1986 to safeguard the rights of customers, Labour laws, Code of Social security to provide various benefits to the workers, Taxation laws, international trade laws, advertising laws etc. Legal compliance is mandated for the smooth functioning of any business.

If you are looking to make a career in fashion law, then have a look at perfect Fashion Law courses  offered as short-term certificate and diploma programme taught by experts in the industry, take Fashion Law Journal and Legal Desire courses on Fashion Law, To know more about course modules, detailed information and registration, Click Here or visit: www.legaldesire.com/fashionlaw

Identifying the business structure

Before starting fashion business, an entity would need to be set up and a bank account must be open in name of the business. It is important to know the nature and type of business one would like to start. Founders will have to incorporate the business into a specific business type i.e. partnership, sole proprietorship (one person company), Private limited, public limited, limited liability partnership. Each business type has its own legal requirements and regulations so it is important to know before incorporating any business.

Registration and Licensing of a fashion industry

Each type of business registration would require the Shop and Establishment license which is given by the inspector of that area. The Shop and Establishment license should be acquired within a month from starting the business by submitting subsequent statements to the respective inspector. The statements will contain Date of the commencement of business, the name and address including the postal address of the business, name of the employer, the number of employees employed, and the category of business. Certain documents such as Identity proof, commercial address proof, Pan Card, payment of Challan proof is required for acquiring the licence under the Shop and Establishment Act. Challan fees may vary between Rs. 125-12500 depending upon the man power of the company. License is issued if the application is accepted.

For a Private limited company, the promoter has to get the company registered with the Registrar of the company (ROC) at the Location of the registered office. Documents to be enclosed are Memorandum of Association (MoA), Article of Association (AoA), Declaration by practicing professionals (CA, CS, Advocate etc) engaged in the formation of company, Declaration by Director/ manager/secretary and subscribers. Address for correspondence, details and identity proof of subscribers, detail and identity proof of first directors, Director Identification Number (DIN).

After the registration of all documents Registrar issues certificate of Incorporation which includes Corporate Identification Number (CIN). It is the conclusive proof of existence of a company.

Earlier all the documents filling was in physical form but after 2006 amendment Ministry of Corporate Affairs launched project for electronic filing – MCA 21 Called SPICe (Simplified Proforma for Incorporating Company Electronically) which helped in incorporating of company by uploading PDF file.

Recent 2020 Amendment, Ministry of Corporate Affairs launched new web form called SPICe+ replacing the old SPICe form as a initiative for ease of doing business.

SPICe+ can help incorporate a company with a single application for:

Name reservation, Incorporation, DIN allotment, Mandatory issue of PAN, TAN, EPFO, ESIC, Opening of Bank Account.

Registration under TRADEMARK

A trademark is a visual representation of a word, name, symbols, design, sounds or any combination thereof used by a business to differentiate its goods and services from that of another. It’s an exclusive identity of goods and services that a person is offering from other such goods and services. Trademark is an asset of a company which can be further sold, bought or licensed. Trademark plays a vital role when it comes to registration of fashion brand and logo. The primary object of a trademark is to avoid the dubiety in market place amongst the consumers. Therefore it’s important for a brand to get registered under the Trademark Act, 1999. Trademark, in India get registered by Controller General of Patents, Designs and Trademark under the Trademarks Act, 1999 and authorises the owner of the trademark with the right to sue for damages in case contravention of trademark takes place.

A trademark after registration is protected for 10 years and it can further be renewed easily after every 10 years before the expiry of the registration.

Registration process

The registration process includes filling of an application for trademark registration, examination of trademark, publication of trademark, objections if raised, registration thereof and renewal after every 10 years.

The 1st step would be to search for trademark; the applicant must choose a trademark which is different from the one existing in the market. And the chosen trademark must not be offensive, deceptive, and generic and must not contain exclusively protected emblems. Once it is chosen it is requisite to carry out public search on a trademark database, available with trademark registry to ensure that the trademark is unique.

After ensuring the chosen trademark is not registered with the Trademark registry India one can apply for registering the same. Filing is mostly done online and a receipt is issued immediately after filing application.

Post the filing of application, trademark is examined for any discrepancies and a report is issued by the examiner if application is in harmony with trademark act 1999. Within 30 days from filing of registration application an examination report is issued by the authority. The authority might accept the trademark absolutely, conditionally or might raise any objection.

If the trademark is accepted unconditionally it is published in the Trademark journal. If not, conditions to be satisfied. The objection of the authority will be mentioned in the report and a reply against the report asserting all the contentions and evidence against it must be filed within 30 days.

If such response gets accepted by the authority the trademark gets published in Trademark Journal. If the response fails to satisfy the examiner he can call for hearing. If in the hearing, objections raised are satisfied, examiner subsequently allows the registration of the said trademark and it further gets published in the Trademark Journal.

Trademark is advertised and published in a Trademark journal for a period of 4 months. The object behind it is to allow opposition (if any) from the general public. In case the published trademark is objected, a due process of law which includes hearing, filing of counter statements, presenting evidence etc is followed in order to get the Trademark registered.

Once the application proceeds for the registration, following the publication in journal, a registration certificate under the seal of the trademark office is issued.

Once the Trademark gets registered it is protected for 10 years and can further be renewed before the expiry.

Pan registration of a company 

A PAN is a permanent account number which is a vital document for any tax payer. It is a mandatory requirement for all tax-paying individuals, partnerships, companies, etc. Every corporate body carrying out business in India whether registered in India or Abroad requires a PAN card. It serves as a reference number for the Income Tax Department to track financial transactions. It also serves as an identity proof for various purposes. PAN helps in paying invoices, remittances during the income tax returns. Indian companies applying for a PAN card have to submit the following documents along with the application form- Proof of identity/proof of address, Copy of Certificate of Incorporation/registration, Copy of No Objection Certificate issued by MCA.

GST Registration

Goods and Service Tax Identification number or GSTIN is an unique 15 digit number which has replaced Tax Identification Number (TIN), before the introduction of GST, dealers were registered under state VAT laws and were given TIN by respective taxing authorities. Business which provides online services or provides services like hotel, restaurant, shopping, factories etc has to pay GST to government. Such business must register under GST and have GSTIN. The Tax identification number helps income tax authorities to maintain records of GST dues and payments. Business whose turnover in more than 40 lakhs needs to be registered under GST and for the North-eastern and Hill states the turnover limit is 10 lakhs.

One needs to apply for GST registration while applying for incorporation of company on MCA (Ministry of Corporate Affairs) portal by furnishing information including PAN card no., Aadhar No., Business address proof, directors identity proof, incorporation certificate or business registration proof etc is required. Registration process under GST is now integrated with SPICe-AGILE Form (Simplified proforma software of MCA). After the acceptance of furnished details by the GST Portal, Acknowledgement Reference Number (ARN) is generated and the status of SRN (Service Request Number) gets updated to “pending”. The person gets information on the status of application from the tax authorities within 3 days via email. If the ARN gets approved the status of SRN will get updated to “approved” and the intimation/GSTIN will be sent via SMS or mail.

The post Read to Know: Registering a Fashion Brand in India appeared first on Legal Desire Media and Insights.

As associate degree e-commerce platform serving to little furthermore as massive brands begin their own on-line stores, ofttimes encounter entrepreneurs asking U.S. regarding a way to register their brands as logos. that is why, today, at intervals the course of this web log post, we’ll take you thru on a way to defend your brand’s name, by manner of registering your whole as a trade-mark.

Before we tend to begin, what specifically will trade-marking a name mean?

Trademark registration of a name means that nothing however name registration. It primarily means that, “this name is ours! And if you dare to use it to sell your merchandise, we will sue you!”

In India, you’ll trademark any of the subsequent or maybe a mixture of those things:

Letter, Number, Word, Phrase, Logo, Graphic, Smell, Sound Mark or a mixture of colours.

So, what’s the procedure of registering a trademark?

Step 1: rummage around for a “crazy-enough” name

You get the purpose, don’t you? return up with a whacky and kinky name, as a result of all the generic ones square measure any that manner taken. Before zeroing in on one name, you may need to try and do a fast search to form certain that nobody else is already victimisation the name. And your best bet would be to use unreal or coined words, in an exceedingly combination with generic words.

Step 2: creating the trademark application

Now that your name is finalized upon, fill within the trademark application i.e. Form- TM 1. the appliance prices government agency 3500 and may be a just one occasion fee.

Along with the appliance, you’ll have to be compelled to submit one or two of supporting documents:

1. A Business registration concern: betting on what style of a registered business you have got, say sole proprietary, etc. you’ll have to be compelled to submit associate degree identity proof of the administrators of the corporate associate degreed an address proof.

2. a picture of your whole emblem in an exceedingly commonplace size of nine x five cms

3. If applicable, proof of claim of the projected mark being employed before in another country.

Step 3: Filling the name registration application

There square measure two ways that to file the registration – manual filing or e-filling.

In case of manual filing, you’ll have to be compelled to in person walk down and submit the appliance for registration to anybody of the offices of the Registrar of Trade Marks situated in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. once that you receive the acknowledgement of the appliance and therefore the receipt, sometimes at intervals 15-20 days of the filing.

But in e-filing system, the acknowledgement of the appliance is issued straight off.

And once you receive the acknowledgement, you’ll begin victimisation the (TM) image next to the whole name!

Step 4: Examining the name registration application

After receiving the appliance, the Registrar checks whether or not the name complies with the law and doesn’t conflict or dispute with different existing registered or unfinished brands. That’s why we tend to aforesaid, kinky name, people!

Step 5: Publication within the Indian Trade Mark Journals

After examination, the brand or name is revealed within the Indian Trade Mark Journal. If nobody raises associate degree opposition at intervals three months i.e. ninety days or in some cases one hundred twenty days, from the date of publication, the name issue to acceptance.

Step 6: issue of the trademark registration certificate

If nobody raises any opposition, at intervals the stipulated ninety days amount, the Registrar accepts the trademark application! Woohoo! And problems a Certificate of Registration underneath the seal of Trademark written record.

You may currently be allowed to use the registered trademark image (®) next to your name, once the certificate has been issued.

The Trademark whole method of registration of a name sometimes takes something between 15-18 months. The trademark once accepted, is valid for a amount of ten years from the date of issue of the Certificate of Registration. once the top of ten years, the trademark can have to be compelled to be revived.

CONCLUSION

There there! we will perceive if this sounds a touch too over-whelming. during which case, simply decision up a attorney.   The attorney are ready to assist you plow through all this legal jargon.

Although the method of registering a trademark is long and a touch significant on the pocket, it’s positively well worth the investment of wrongfully protective your whole.

However, if you’re simply beginning out, investment in an exceedingly trademark might not be fully essential. What matters most is making amazing merchandise and setting up all the time and energy into building your whole, from ground up. But, there still is associate degreeother cheaper various to lend you lawful protection against being derived – an unregistered trademark. Do raise your attorney regarding it!

The post A Guide for the Registration of Brand Name: TRADEMARK appeared first on Legal Desire Media and Insights.

Diet Prada account, operated by its founders Tony Liu and Lindsey Schuyler, announced on March 4, 2021 via Instagram post that they have issued their response to the defamation suit with “a defense of our freedom of speech”; highlighting the rise of anti-Asian hate crimes in the US in the caption- “With so much anti-Asian hate spreading in the U.S., it feels wrong to continue to remain silent about a lawsuit that threatens our freedom of speech. We are a small company co-founded by a person of color, trying to speak out against racism in our own community.”

The defamation suit was filed by Dolce & Gabbana accusing the Instagram page owners of causing a loss in revenue of the company due to publish of the critical post about their brand.

In 2018, Diet Prada censured Dolce and Gabbana, saying the organization highlighted a “stereotypical and misogynist portrayal of a Chinese woman” in a controversial promotional campaign. The account likewise even shared a screenshot of what appeared to be a direct message from Stefano Gabbana’s account that included anti-Asian remarks.

At the time, the brand’s campaign did meet with the international outrage affecting sentiments, which further even lead to the hashtag #boycottdolce to trend on social media.

It was even reported by National Public Radio (NPR) that the company’s brand ambassador in China even severed ties with the company after the said incident. The brand’s founders, Domenico Dolce and Stefano Gabbana, later issued an apology after the massive outrage.

Dolce & Gabbana’s 2019 defamation suit demands damages of €3 million (over $3.5 million USD at today’s conversion rates) for the organisation and another €1 million (around $1.2 million USD) for Gabbana.

Liu and Schuyler are being represented pro bono by Professor Susan Scafidi, the founder and director of the Fashion Law Institute at Fordham, even cited to Insider that “We are confident that Diet Prada is on the right side of both law and history and we are honoured to help them demonstrate that harmful stereotypes are never in style”.

Diet Prada set up a GoFundMe page with a $ 26,000 target to cover legal costs and it has been reported that the fundraiser had raised over $ 8,500 as of afternoon of March 4, 2021.

The hearing of the defamation suit is scheduled for May but there are chances that the case could be settled out of the court before then.

The post Diet Prada responded to Dolce & Gabbana Defamation Suit appeared first on Legal Desire Media and Insights.

• Sales Associates v Forever 21 and Gucci and Sterling jewellers and Wal-Mart

This present case was a collective complaint by the brands of forever 21, Gucci, sterling jewellers and Wal-Mart. The main issue with the case of was of sexual harassment, discrimination and negligence at work place. The initial complaint was made by a forever 21 sales women who allegated that the company had installed CCTV camera within the employee bathrooms. This revelations was only made when the video when viral on internet further casing harassment to the worker. She also added that she had faced frequent sexual taunts from the manager. This was added by a testament by sterling jewellers first female CEO that she had faced on several accounts harassment by the male executives of the company.

It was further added by the court that within The United States of America especially in retail sector majority of the workers were women which amounted to 4.6 million of them thus the court ruled that proper protocol is necessary within these firms for the treatment of women to avoid any kind of harassment and discrimination based on gender.

If you are looking to make a career in fashion law, then have a look at perfect Fashion Law courses  offered as short-term certificate and diploma programme taught by experts in the industry, take Fashion Law Journal and Legal Desire courses on Fashion Law, To know more about course modules, detailed information and registration, Click Here or visit: www.legaldesire.com/fashionlaw

• Star Athletica v. Varsity Brands

In this case, the main question before the court was that were two dimensional or 3 dimensional graphics were copyrightable or not if printed on some commodity. As per the facts varsity brands had more than 200 graphic registrations which they used to print on cheerleading costumes. The copyright included various line patterns, colours and shape formations. Star athletica was sued for copyright infringement since they had printed one such design on their cheerleading costumes. The district granted athletica with a judgement which was of the view that design and the product itself could not be separated thus were ineligible for copyright.

Furthermore, it was ruled by the higher court that any kind of two dimensional and three-dimensional graphics can be very well separated and identified thus were eligible to exist independently. The court also mentioned that any such design that was capable to be depicted in a pictorial and sculpture form, when separated from the product, could very well come within the ambits of copyright. 

• Louis Vuitton v. My Other Bag

This is a very interesting case law where the company by the name of “My other bag” made a parody tote bag where the famous picture of Louis Vuitton bags was printed. The court a very important view in the case stating the a parody product must convey two simultaneous and contradictory messages at the same time which are that the product printed is an original but also it is not original but a parody. This case paved the path for all those products and brands which came into the ambits of parodies.

The company of my other bag was sued under the charges of copyright infringement and design theft. It was argued by sued company’s side that Louis Vuitton has continuously acted like a trademark bully within the industry by the looks of their past actions while Louis Vuitton on the other side contended that its actions are in support of the policy of active protection of their intellectual property. The court ruled that such approach cannot be approved every time and their has to be some sort of freedom provided to the brands in context of their products and as in this case the product was a parody so the charges were not approved.

• Puma v. Forever 21

In the present case puma has filed a suit against forever 21 under the charge of copyright and design infringement of the sneakers manufactured by them by the name of Creeper Sneaker, Fur slide and Bow slide which were part of the Fenty collection which was personally designed by celebrity Rihanna Fenty. The fact which differentiated the case from others was that here the issue of copy right infringement was dealt in relationship with the fact that it was specifically designed by a celebrity and was also endorsed within the public through her name. the court observed that within the copyright application Rihanna’s name was nowhere mentioned nor was she being involved within the suit.

Conclusively, it was rued b the court that as far as the plea of trade dress infringement was concerned, it was justifiably denied stating the reason that just because a specific celebrity was related to the product or endorsed it cannot be the reason to be granted the protection of copyright while it was duly granted on the basis of design uniqueness. Further plea regarding the activity infringement was also granted.

• Rajesh Masrani v/s Tahiliani Designs Pvt. Ltd 

In the present case the question arose within the court that does the patterns printed on the fabrics qualifies as artistic work or not and can it be protected under copyright act and design act. It was contended by the respondent that other than the copyright protection granted to the fabric designs which are drawn for production even the patterns printed on the fabric should be protected under the design act. The present case was an appeal as under the previous judgement Rajesh masrani was prohibited from producing, selling or advertising any kind of similar fabric.

The court stated that any such designs only come under the ambit of copyright protection when not more than 50 such commodities are produced for commercial use. While in the present case only 20 pieces with the specific design were created due to which justified protection was granted and any similar printing, selling or advertising of a similar pattern was prohibited.

The post Landmark Cases related to Fashion Industry in 2020 appeared first on Legal Desire Media and Insights.

The fashion industry is the most sought after at any given point of time. Not only the designers, but there are also fashion houses, wholesalers, retailers, tailors, and photographers who are involved in the fashion business. Starting a business, more particularly a fashion business, is indeed a task to accomplish. Numerous licenses and approvals should be acquired before and after venturing into such a commercial activity. All legal compliances have to be fulfilled in order to carry out the business lawfully.

At present, the generic laws protecting the Intellectual Property Rights, specifically the Trade Marks Act, 1999, the Copyright Act, 1957 and the Designs Act, 2000, regulate the fashion industry. Other than these legislations, there are other laws and rules that have to be complied with to establish a legal fashion business in India. All these regulations have been discussed in this article.

Registration of a fashion brand

There is no express legislation to deal with registration of a fashion brand or a fashion line. It is the Trade Marks Act, 1999 that consolidates the law on registration and protection of trademarks of all goods and services. According to s. 2(1)(m), the inclusive definition of the term ‘mark’ covers a brand as well. The verbatim expression is as follows:

“‘mark’ includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof”[1]

Impliedly, a fashion brand is well within the ambit of the said Act. In order to register and protect one’s brand, all provisions relating to registration of a mark should be complied with prescribed by the Act. These compliances are explained as below.

A Trade Marks Registry Office is envisaged under the Act[2] for the purposes of the trade marks registration.

Following things must be kept in mind while registering one’s fashion brand and to avoid refusal of registration by the Registry Office:

1.      The brand to be registered should be identifiable and distinct from the ones already prevailing in the market. It should not confuse or deceive the public, hurt the religious sentiments of any class of persons, or contain any obscene material as prohibited by other laws for the time being in force.

2.      The brand name or mark cannot contain any sign, symbol or any marking which is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

3.      The said mark should not falsely suggest a connection with any person living or dead.

4.      The proposed brand name or mark which is sought to be registered shall fail if it is prevented from registration due to any law on passing off, protecting the unregistered trade mark used in a particular trade, or on copyrights.

After considering all these grounds, the owner may proceed for registration with the Registry Office. The procedure prescribed by the Act under Chapter III suggests the following:

1.      The owner or the proprietor of the brand seeking to register her/his mark should make an application in writing to the Registrar in the manner prescribed for registration process.

2.      The said application should be filed in the Registry Office having territorial jurisdiction of the place within which the Applicant primarily carries on the business.

3.      The said application may either be refused by the Registrar after stating the reasons or grounds for the same, or by accepted absolutely or conditionally, citing modifications or amendments in the application.

4.      After the application has been accepted, absolutely or otherwise, the Registrar shall advertise the application seeking opposition from any person against the registration of the brand. Any person so opposing it shall follow the procedure laid down in the Act.

5.      Consequently, if there is no opposition within the prescribed time or if there is any opposition and has been disposed off in favour of the Applicant, the Registrar will go ahead with the registration and complete the process within 18 months of filing the application.  A certificate shall be issued in the form prescribed with the seal of the Trade Marks Registry.

6.      A registered trade mark is valid for a period of 10 years and can be renewed as and when required.

If you are looking to make a career in fashion law, then have a look at perfect Fashion Law courses  offered as short-term certificate and diploma programme taught by experts in the industry, take Fashion Law Journal and Legal Desire courses on Fashion Law, To know more about course modules, detailed information and registration, Click Here or visit: www.legaldesire.com/fashionlaw

Licenses required to operate a fashion retail store

From time to time, various permissions and licenses have to be procured from the appropriate authorities to carry out retail business legally and effectively. All the necessary compliances have to be adhered to before beginning the whole process of sales. Some of the licenses must be displayed at conspicuous places within the store or the manager’s office while others have to be filed with the authorities at regular intervals. It is always safe to apply for these permissions or for renewals before time to avoid any uninvited notice or penalties from them.

Following is the list of documents which are necessary prerequisites while running a retail store business:

1.      A trade license as issued by the concerned Municipal Corporation;

2.      Registration of the store, the dealer and the brand;

3.      A license from the Fire Department stating the fulfilment of all prerequisites in matters of fire safety;

4.      A Phonographic Performance Limited (PPL) license for music to be played in the store granting permission to play pre-recorded songs for the customers;

5.      List of all national, festival and weekly holidays;

6.      List of all employees working in the store and their work timings;

7.      A Principal Employer Certificate of Registration as given by the respective state government;

8.      Abstract of the Minimum Wages Act, 1948 and the Rules laid down thereunder;

9.      Abstract of the Maternity Benefit Act, 1961, and the Rules laid down thereunder;

10.  A license from the Office of the Electrical Inspector granting permission to run a generator set;

11.  Registration of GST (Goods and Services Tax) for Manufacturers, Wholesalers and retailers and service providers if necessary as per law;

12.  Branch Certificate Registration (if any).

Other than these documents, some other vital records that should be maintained as per law include:

1.      Muster Roll in Form A and Annual Return in Form K, the Maternity Benefit Act, 1961;

2.      Wages Slips and Annual Return (Form III) as per the Minimum Wages Act, 1948;

3.      Under the Shops and Establishment Act of every State:

a.       Register of wages

b.      Register of employment

c.       Daily working hours of the employers

d.      Leave Register

e.       Details of weekly holiday

f.        All other forms and registers to be maintained as provided by the State Acts.

The license under the Shops and Establishments Act

Every State in India has shops and establishments enactment in place that regulate the conditions of employment and other conditions of work in various establishments. This is the most important piece of regulations which is inevitable for every business house to follow. This suggests that a fashion store owner will have to abide by the provisions enumerated by the respective Act enacted for the State in which she/he wants to start the business.

A general glance over the acts of various states infers some common provisions which are obligatory in nature. Most importantly, all these businesses have to be registered with the appropriate authority established for that area under the Act within the prescribed time period. A fee is charged for registration depending upon the number of employers employed and is to be paid to the said authority.   

Other than registration, all other compliances in matters of work hours, payment of wages, compensation, safety and security of the employees, and the like have to be fulfilled as laid down by the Acts.

Conclusion

To sum up, there are no specific legislations that lay down compliances while establishing a fashion retail business or a brand in the Indian context. There are several sections and provisions dispersed over several enactments. A few of them also differ according to the jurisdiction within which one intends to carry on their business. It is recommended that comprehensive legislation dealing with fashion houses and businesses should be enacted for legal clarity in the business.

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The breach that occurred at its Nuremberg service center in October 2019 highlighted the current H&M information collection and storage practices for employees who have violated at least some provisions of the General Data Protection Regulation (GDPR). The European Regulation on the protection of personal data throughout the Union, namely Article 5, which regulates the processing of personal data, and Article 6, which establishes a specific purpose for the lawful processing of private information.

“After being absent due to illness and vacation, the heads of the supervisory team at H&M held so-called” Welcome Talks with their employees,” according to a Hamburg Data Protection Commission decision on October 1. “After this discussion, in most cases, not only were specific experiences with employee holidays” recorded by senior employees at H&M according to the data protection commission but “also symptoms of illness and diagnosis. “

Given the gravity of the offense, the fine – the highest penalty imposed on Forbes in Germany under the GDPR since its implementation in May 2018, and the second-highest in the entire European Union – is appropriate and effectively deters companies from protecting their privacy, injuring employees “, said Prof. Caspar.

The fines themselves are calculated according to a concept developed by the German data protection regulations to calculate GDPR fines and take into account, among other things, the income of the companies concerned. Although currently only a purely German concept was introduced and discussed as part of harmonization efforts at the European level. 

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Responsibilities and Duties of a Fashion Lawyer  

Fashion attorneys give their valuable suggestions to clients on legal issues including fashion, luxury, footwear, textile, apparel, jewelry, cosmetics industries. They provide guidance in areas like procuring licensing, merchandising distribution, franchising agreement to intellectual property employment; and labor relation issues. They include safety, sustainability, and consumer protection issues. Various aspects of corporate, finance, real estate, tax, and business law also come into play.

Fashion lawyers perform a broad range of duties ranging from forming and dissolving business entities, advising on brand development and protection to drafting and negotiating contracts in arbitrating and litigating trademark, copyright, and other intellectual property issues.

Educational Opportunities 

There are very limited courses for fashion law around the world, not many colleges have launched this course yet. As of now Fordham University, New York, is the only Fashion Law Institute, which came up in late 2010 with the support of the Council of Fashion Designers of America and Diane von Furstenberg which have launched the fashion law program in their curriculum. The institute offers J.D. and LL.M. students the opportunity to study fashion-related legal issues.

If you are looking to make a career in fashion law, then have a look at perfect Fashion Law courses  offered as short-term certificate and diploma programme taught by experts in the industry, take Fashion Law Journal and Legal Desire courses on Fashion Law, To know more about course modules, detailed information and registration, Click Here or visit: www.legaldesire.com/fashionlaw

The Fashion Law Institute also provides pro bono legal counseling for designers in need. Specialty courses include topics such as Fashion Law, Finance and Fashion Ethics, Sustainability, and Development, as well as Fashion Retail Law and the Fashion Law Practicum. The institute offers a public seminar series for design and legal professionals, as well as a summer intensive course that’s open to both degree and non-degree students.

The University of Milan offers a one-month fashion law course to students every year in the month of July. The course curriculum offers a wide range of subjects to choose in the fashion law course comprising Intellectual property, Financing; and Corporate Structures, Manufacturing, Marketing, Retail, Ethics & Sustainability & Economic Development, International Trade, and Modelling law.

Also, there are some universities in the United Kingdom which do not offer fashion law as a separate course but they have a subject within intellectual property law that focuses on fashion law.

The reason for the growth of Fashion Law

Nowadays, fashion law is gaining momentum as there are a lot of instances of design piracy as a result of which pirated products can be seen in the market all over the globe. For example, copied dresses and accessories of renowned designers such as Elle Saab, Sabyasachi, Ralph Lauren, Giorgio Armani, Jimmy Choo are few which could be seen in the market at a very low price. Few instances of copied products were also seen to be worn by bollywood celebrities in the year 2019. Recently, Shweta Nandan, daughter of the famous bollywood personality Mr. Amitabh Bhachan launched her own fashion line and one of her clothing design was an exact copy of a T-shirt that is sold by the brand TL Room. In October 2019, Michelle Obama was caught in an ASOS knockoff of a Diane Von Furstenberg Fall 2011 frock. With the increasing rate of such cases, fashion law has become essential in the field of textile, footwear, accessories, and many more to protect the design legally and give the appropriate advice in the given case.

How to break into the field of Fashion Law?

Today, very few law firms specialize in the area of fashion law in India. You can potentially intern with one of the law firms that specialize in fashion law or works with fashion clients. Taking courses in fashion law, intellectual property, business and finance, international trade, government regulation, and consumer culture can also provide a foundation that might boost your chances of employment in this specialty. Interning to assist in providing pro bono legal services to the fashion community is another way to gain contacts and related experience.

Career Opportunities

Once you complete a full-time JD or LLM course or a diploma in fashion law you can apply for jobs in various sectors as mentioned below:

• Law Firms:

A growing number of law firms and consulting firms are focusing on fashion law, given the increasing demand for transactional, contractual, and litigation services. In this sector, more preference is given to people with experience.

• Fashion Houses:

Fashion lawyers are particularly valuable as in-house counsels given the specific nature of this business sector which requires legal professionals with multidisciplinary expertise and an understanding of complex legal issues at the national, trans-national, and international levels. Fashion designers seek consultation in protecting their designs in clothes, accessories such as trademark, copyright, and also seeks help in getting their work patented.

•Textile, jewelry, hi-tech industries:

The launch of fashion products involves several steps and a wide range of activities often performed by different suppliers and partners that may entail intricate contract negotiations, shared responsibility for transportation and distribution, protection of copyright, and patent rights.

The fashion law industry is a newly emerging arena of law with ample opportunities for law students and lawyers interested in the field. It is a fresh arena for lawyers to step into the fashion world and bring their legal expertise to the table.

  – Authored by Shreya Gupta, Head – Department of Fashion Law, Legal Desire

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