The document discusses various legal issues related to fashion and intellectual property law. It provides advice on establishing trademarks, avoiding trademark infringement, protecting brand identity through domains and social media, obtaining model releases, and complying with regulations for international sales and mobile commerce. The presentation emphasizes properly researching, registering, and enforcing intellectual property rights to avoid legal issues and protect fashion brands.

1. Fashionably
Legal
June 13, 2010
FashionCampLA
#fashlaw
Lisa Borodkin, Esq. @lisaborodkin
Christina Gagnier, Esq. @gagnier

2. Creating & Protecting
Your Company Brand

3. Avoiding Faux Pas at the USPTO
Fashionably
Legal

4. Avoiding Faux Pas at the USPTO
Define your brand. Research to see if someone
else is using your brand with the United States
Fashionably
Patent and Trademark Office. If not, file a
trademark. Legal

5. Avoiding Faux Pas at the USPTO
Define your brand. Research to see if someone
else is using your brand with the United States
Fashionably
Patent and Trademark Office. If not, file a
trademark. Legal
Invest in advertising so people associate you and
the brand. In the online world, it is easier to
establish consumer familiarity with your designs.

6. Avoiding Faux Pas at the USPTO
Define your brand. Research to see if someone
else is using your brand with the United States
Fashionably
Patent and Trademark Office. If not, file a
trademark. Legal
Invest in advertising so people associate you and
the brand. In the online world, it is easier to
establish consumer familiarity with your designs.
Maintain a website. Register the domain name.
Create your style. This will help with other
intellectual property protections, like trade dress.

7. Avoiding Faux Pas at the USPTO
Define your brand. Research to see if someone
else is using your brand with the United States
Fashionably
Patent and Trademark Office. If not, file a
trademark. Legal
Invest in advertising so people associate you and
the brand. In the online world, it is easier to
establish consumer familiarity with your designs.
Maintain a website. Register the domain name.
Create your style. This will help with other
intellectual property protections, like trade dress.
Do not file for a design patent unless it is
warranted. A design patent means “no one else
has designed a product like this!”

8. Clashing Domain Names & Social Media Rights
Fashionably
Legal

9. Resolving Through Terms of Service
Fashionably
Legal

10. Resolving Through Terms of Service
The social networks will enforce a trademark upon Fashionably
Legal
request, meaning you lose your name and your
community.

11. Resolving Through Terms of Service
The social networks will enforce a trademark upon Fashionably
Legal
request, meaning you lose your name and your
community.
Both Facebook and eBay also have counterfeiting
policies. eBay has a Verified Rights Owner program
and Facebook has counterfeit removal policies.

12. Resolving Through Terms of Service
The social networks will enforce a trademark upon Fashionably
Legal
request, meaning you lose your name and your
community.
Both Facebook and eBay also have counterfeiting
policies. eBay has a Verified Rights Owner program
and Facebook has counterfeit removal policies.
Even someone else just filing for a trademark with
the intent to use the mark you are using can result
in your removal from a social network.

13. Resolving Through Terms of Service
The social networks will enforce a trademark upon Fashionably
Legal
request, meaning you lose your name and your
community.
Both Facebook and eBay also have counterfeiting
policies. eBay has a Verified Rights Owner program
and Facebook has counterfeit removal policies.
Even someone else just filing for a trademark with
the intent to use the mark you are using can result
in your removal from a social network.
Lesson: If your name and brand is important to
you, protect it.

14. Domain Name Disputes
Fashionably
Legal

15. Domain Name Disputes
Fashionably
Legal

16. Establishing Rights
in Your Products
& Designs

17. Trade Dress & Distinctiveness
Fashionably
Legal

18. Trade Dress & Distinctiveness
Fashionably
Trade Dress is the best way to obtain intellectual
property protection if you can get it.
Legal

19. Trade Dress & Distinctiveness
Fashionably
Trade Dress is the best way to obtain intellectual
property protection if you can get it.
Legal
Means a secondary meaning has been assigned to
your clothes & consumers are likely to be
confused.

20. Trade Dress & Distinctiveness
Fashionably
Trade Dress is the best way to obtain intellectual
property protection if you can get it.
Legal
Means a secondary meaning has been assigned to
your clothes & consumers are likely to be
confused.
The public “knows it when they see it” - They
know it’s an Alexander McQueen just by seeing it.

21. Trade Dress & Distinctiveness
Fashionably
Trade Dress is the best way to obtain intellectual
property protection if you can get it.
Legal
Means a secondary meaning has been assigned to
your clothes & consumers are likely to be
confused.
The public “knows it when they see it” - They
know it’s an Alexander McQueen just by seeing it.
Still an underdeveloped area of the law.

22. Trade Dress & Distinctiveness
Fashionably
Trade Dress is the best way to obtain intellectual
property protection if you can get it.
Legal
Means a secondary meaning has been assigned to
your clothes & consumers are likely to be
confused.
The public “knows it when they see it” - They
know it’s an Alexander McQueen just by seeing it.
Still an underdeveloped area of the law.
Current Case: Gynweth Shoes v. Paris Hilton-
“The Heart and Sole” Challenge.

23. Trade Dress & Distinctiveness
Fashionably
Trade Dress is the best way to obtain intellectual
property protection if you can get it.
Legal
Means a secondary meaning has been assigned to
your clothes & consumers are likely to be
confused.
The public “knows it when they see it” - They
know it’s an Alexander McQueen just by seeing it.
Still an underdeveloped area of the law.
Current Case: Gynweth Shoes v. Paris Hilton-
“The Heart and Sole” Challenge.
Filing for it gives you advantage in an infringement
suit.

24. Copyright & Design Protection
Fashionably
Legal

25. Copyright & Design Protection
Case 3:06-cv-01848-H-POR Document 264 Filed 11/21/08 Page 2 of 3
Fashionably
Legal

26. Marketing
Cybergaffes

27. Model Releases & Work For Hire
Fashionably
Legal

28. Model Releases & Work For Hire
Fashionably
Legal

29. Model Releases & Work For Hire
Fashionably
Legal
+

30. Model Releases & Work For Hire
Fashionably
Legal
+

31. Model Releases & Work For Hire
Fashionably
Legal
+ +

32. Model Releases & Work For Hire
Fashionably
Legal
+ +

33. Model Releases & Work For Hire
Fashionably
Legal
+ + =

34. Model Releases & Work For Hire
Fashionably
Legal
+ + =
LAWSUIT

35. Model Releases & Work For Hire
Fashionably
Legal
+ +

36. Model Releases & Work For Hire
The Legally
Fashionably
Legal
Responsible Party
+ +

37. Model Releases & Work For Hire
The Legally
Fashionably
Legal
Responsible Party
+ +
You want to own
your photos & the
rights to use them.

38. Model Releases & Work For Hire
The Legally
Fashionably
Legal
Responsible Party
+ +
You want to own
your photos & the
rights to use them.
You want to
avoid a lawsuit.

39. Model Releases & Work For Hire
The Legally
Models
Fashionably
Legal
Responsible Party
+ +
You want to own
your photos & the
rights to use them.
You want to
avoid a lawsuit.

40. Model Releases & Work For Hire
The Legally
Models
Fashionably
Legal
Responsible Party
+ +
Model Releases
You want to own
your photos & the
rights to use them.
You want to
avoid a lawsuit.

41. Model Releases & Work For Hire
The Legally
Models
Fashionably
Legal
Responsible Party
+ +
Model Releases
You want to own
your photos & the
rights to use them. Right to Work
You want to
avoid a lawsuit.

42. Model Releases & Work For Hire
The Legally
Models
Fashionably
Legal
Responsible Party
+ +
Model Releases
You want to own
your photos & the
rights to use them. Right to Work
Prompt Payment
You want to
avoid a lawsuit.

43. Model Releases & Work For Hire
The Legally
Models
Fashionably
Legal
Responsible Party
+ +
Model Releases
You want to own
your photos & the
rights to use them. Right to Work
Prompt Payment
You want to
avoid a lawsuit. Age Verification

44. Model Releases & Work For Hire
The Legally
Models
Fashionably
Photographers
Legal
Responsible Party
+ +
Model Releases
You want to own
your photos & the
rights to use them. Right to Work
Prompt Payment
You want to
avoid a lawsuit. Age Verification

45. Model Releases & Work For Hire
The Legally
Models
Fashionably
Photographers
Legal
Responsible Party
+ +
Model Releases Work for Hire
You want to own
your photos & the
rights to use them. Right to Work
Prompt Payment
You want to
avoid a lawsuit. Age Verification

46. Testimonials & Sponsorships Under FTC Guidelines
Fashionably
Legal

47. Doing World Wide Web
Commerce with Style

48. International Issues
Fashionably
Legal

49. International Issues
Fashionably
Legal

50. International Issues
Fashionably
Selling your product in different
countries requires an understanding
of international trade.
Legal

51. International Issues
Fashionably
Selling your product in different
countries requires an understanding
of international trade.
Legal
When working with foreign
manufacturers, try to research their
history of litigation and human rights
issues.

52. International Issues
Fashionably
Selling your product in different
countries requires an understanding
of international trade.
Legal
When working with foreign
manufacturers, try to research their
history of litigation and human rights
issues.
Make sure to inspect foreign goods upon
delivery.

53. International Issues
Fashionably
Selling your product in different
countries requires an understanding
of international trade.
Legal
When working with foreign
manufacturers, try to research their
history of litigation and human rights
issues.
Make sure to inspect foreign goods upon
delivery.
Intellectual property protections vary
country by country, i.e. you need a
trademark in the UK too, not just the US.

54. International Issues
Fashionably
Selling your product in different
countries requires an understanding
of international trade.
Legal
When working with foreign
manufacturers, try to research their
history of litigation and human rights
issues.
Make sure to inspect foreign goods upon
delivery.
Intellectual property protections vary
country by country, i.e. you need a
trademark in the UK too, not just the US.
Make a conscious decision about the
scope of your online sales.

55. Web Video, Branded Video & Entertainment
Fashionably
Legal

56. M-Commerce Today

57. M-Commerce Today

58. M-Commerce Today
Future for fashion
brands & for sales.

59. M-Commerce Today
Future for fashion
brands & for sales.

60. M-Commerce Today
Future for fashion
brands & for sales.
Variety of options, shop
providers & their terms.

61. M-Commerce Today
Future for fashion
brands & for sales.
Variety of options, shop
providers & their terms.

62. M-Commerce Today
Future for fashion
brands & for sales.
Variety of options, shop
providers & their terms.
Limit where your
products can be
purchased.

63. M-Commerce Today
Future for fashion
brands & for sales.
Variety of options, shop
providers & their terms.
Limit where your
products can be
purchased.

64. M-Commerce Today
Future for fashion
brands & for sales.
Variety of options, shop
providers & their terms.
Limit where your
products can be
purchased.
iPhone = Use of
Apple’s default
terms and policies.

65. M-Commerce Today
Future for fashion
brands & for sales.
Variety of options, shop
providers & their terms.
Limit where your
products can be
purchased.
iPhone = Use of
Apple’s default
terms and policies.

66. M-Commerce Today
Future for fashion
brands & for sales.
Variety of options, shop
providers & their terms.
Limit where your
products can be
purchased.
iPhone = Use of
Apple’s default
terms and policies.
Location-based
marketing opportunities
=
personal data.

67. M-Commerce Today
Future for fashion
brands & for sales.
Variety of options, shop
providers & their terms.
Limit where your
products can be
purchased.
iPhone = Use of
Apple’s default
terms and policies.
Location-based
marketing opportunities
=
personal data.

68. Activism &
Community

69. Proposed Design Piracy Protection Act
Fashionably
Legal

70. Social Media Policies
Fashionably
Legal

71. Social Media Policies
Fashionably
Legal

72. Social Media Policies
Fashionably
Engagement
rules for
employees.
Legal

73. Social Media Policies
Fashionably
Engagement
rules for
employees.
Legal

74. Social Media Policies
Fashionably
Engagement
rules for
employees.
Legal
Important
whether you run
a small boutique
or large fashion
website.

75. Social Media Policies
Fashionably
Engagement
rules for
employees.
Legal
Important
whether you run
a small boutique
or large fashion
website.

76. Social Media Policies
Fashionably
Engagement
rules for
employees.
Legal
Important
whether you run
a small boutique
or large fashion
website.
Your rules for
your team help
protect you in
case trouble
arises.

77. Social Media Policies
Fashionably
Engagement
rules for
employees.
Legal
Important
whether you run
a small boutique
or large fashion
website.
Your rules for
your team help
protect you in
case trouble
arises.

78. Conclusion
Q&A

79. Thank You

80. Fashionably
Legal
June 13, 2010
FashionCampLA
#fashlaw
Lisa Borodkin, Esq. @lisaborodkin
Christina Gagnier, Esq. @gagnier