The Golan v. Holder Decision

Decided to listen to Gordon P. Firemark, Esq.’s Entertainment Law Podcast Update in order to beef up on my intellectual and legal knowledge. During the podcast one case truly stood out.  Although the entertainment podcast was riddled with juicy and informative legal talk dealing with music licensing, video game combat helicopters, Velvet Underground vs Andy Warhol's Banana and copyright protection. However, it was the discussion of the U.S. Supreme Court’s decision on Golan v. Holder and the precedence it sets for future copyright cases that raised my eyebrows. So I took it upon myself to brush up on this case.

Am I being infringed upon?

If you have not read my previous blog post then you may not know that I have a certain kind of disdain for trademark infringers, counterfeiters and bootleggers who purposefully copy and exploit another company’s brand without visually applying some kind of satiric artful meaning behind their brand, a la Andy Warhol style.

Learning the elements of trademark infringement and copyright laws is ever so important and given my own dreams and aspirations in fashion, entertainment and law it behooves me to stay current on the rules and regulations that could hurt my brand by creating a legal liability.  

Ever since the Lanham Act and Trademark Counterfeiting Act of 1984 trademark infringement has been a useful weapon in the fight against counterfeiters, counterfeiting channels and those who choose to infringe upon or dilute another company's brand. There have been a few seminal cases within the fashion industry in recent months that may affect my future endeavors. Three examples of current trademark infringement court cases within the apparel industry is the Navajo Nation, The et al v. Urban Outfitters, Inc. et al, Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., and Christian Louboutin v. Yves Saint Laurent America.

Young Artists: French Montana, Says Lawyer Up!

         As an artist in this day and technical age it is important that you have some sort of leverage in order to protect your brand and pockets from record companies. Too many young artists are taken advantage of financially because they failed to read the contract that is presented in front of them; they are too anxious to be signed.  Artists feel that this is a once in a lifetime deal, whether it is signing with that record company or manager who claim they can make them a star overnight.  Next thing you know the record company or even your manager owns everything you create.  This is why I appreciate the business minded the artist who recognizes their self-worth or who has enough patience, foresight and intuition to secure a deal that is beneficial to him or her.

Pop Up Shops and Pop up Malls

           Typically, when a urban street wear apparel brand is starting up or even recently, establish couture brands, still trying to keep it street and capture the essence of its the grassroots, they proceed to open up a pop up shop. Hoping to make a name for themselves; add a little hype to their growing brand, capture some foot traffic, get rid of surplus inventory all to generate income. The concept of a pop up shop is pretty cool if you ask me because if you do not know by now I am sale kind of guy.  A pop up shop is essentially clever gorilla marketing at is best.  However, a pop up mall? That is the best thing since slice bread for a street wear sale connoisseur such as myself.

Urban Outfitters Is Slipping, Falling. But Can They Get Up?

So I recently read Urban Outfitters (URBN.O) was a little down on its luck. According to Bloomberg, their shares are down 27 percent this year, the largest drop among U.S. specialty apparel retailers. Gasp! Will URBN be able to rebound from their recent decline in sales?  I personally believe they can if they do these three little things. Hire new talent, collaborate, and stay clear of the Ambercrombiesque type publicity (diversify). As Jezebel noted, their board members are old, averaging around 50 and are predominately White men, who may be slightly behind the trends I’m guessing, a pinch maybe. Let’s face it, URBN.O CEO Richard Hayne, is no longer hip or a hippie nor is he an Urban Outfitter but a multi-billionaire, ‘mom and apple pie conservative’. The company is slowly reflecting their company president's political affiliation. Urban Outfitter may be losing their cool. You're not cool if your insensitive to Native Americans, steals designers' jewelry concepts, your boardroom is not diverse and you do not support Gay rights. Miley Cyrus is not a fan.

Bootlegging the Zeitgeist

     I was perusing through a couple of TED speeches and stumble upon Johanna Blakley: Lessons from fashions free culture. Johanna Blakley studies the influence of mass media and entertainment on our world. The speech was corky and a full of sarcasm but I also found it to be quite profound and informative. Her breakdown of trademark infringement, and copyright protection was simple to grasp and engaging. Apparently, fashionapparel is too utilitarian to be protected. Hmm, fancy that. However, in spite of the axiom, “without ownership there is no incentive to innovate”but fashion has found a way to evolve,  doesn’t fashion kind of sound like this? 

AAFA vs Counterfeiters

     Piracy, counterfeiting or bootlegging can be an annoying eyesore and headache in fashion retailing. Growing up, working as a urban clothing sales associate or as a sneaker head, urban fashionista or a plain old brand loyalist, I often despised the consumer who participated in the purchasing of fake apparel because these consumers adamantly believe that the product that they were wearing was not a fake. Sorry, but you have been hoodwinked and bamboozled. I understand the feeling of wanting to belong or don the latest fashions. It feels good to be in the ‘in crowd' sometimes, doesn’t it?  However, I am not always a fan of the, 'fake it till you make it' plan. In some regards, I am purest when it comes to fashion, sneakers and style. If I can afford brand, I will purchase the brand. If I cannot afford it then I can wait till I can afford it but never will I wear pirated or counterfeit shoes or apparel because I can be a clothing snob or brand slave at times. Not to mention, I may be fooling others but I am not fooling myself. 

To assist apparel and footwear companies in fighting the good fight against counterfeiters, the American Apparel and Footwear Association (AAFA), provides members and visitors a like with an anti-counterfeiting coalition issue tool kit. In conjunction with the Coalition Against Counterfeiting and Piracy (CACP) of which AAFA is an active member, released recommended steps companies can use in order to protect their supply chains from counterfeiters. As mentioned on AAFA’s webpage, CACP partnered with U.S. Chamber of Commerce and provided companies with a tool kit that, “[C]ontains best practice[sic] guidelines and seven case studies of companies that devised and implemented aggressive techniques to fight counterfeiting and piracy and protects themselves and their customers”.