Louboutin vs. YSL: Who Won?

The lawsuit that had the fashion law world on its toes is finally over! The verdict? The Manhattan federal district court dismissed Louboutin's lawsuit against Yves Saint-Laurent ordering that YSL can still sell its red sole shoes when red was used as the color for the entire shoe.  In September, the federal court of appeals confirmed Louboutin's red sole trademark protection only when there was contrasting uppers but would not give Louboutin "monopoly on the color red [which] would impermissibly hinder competition among other participants".  

Therefore, Thursday's order concluded the case as a whole.  It would appear that neither side really lost. Louboutin had its trademark on its red soles reaffirmed and YSL was given the legal-nod to continue to produce monochromatic red heels. 

YSL is satisfied and released the following statement:

YSL is pleased to see now completely closed this action that had put at risk the ability of fashion designers to trademark color, as well as to now have confirmation from the Court that it is entitled to continue to sell its unique and famous monochromatic red shoes.


Read More:
WWD: Christian Louboutin, YSL Suit Dismissed
Fashionista: The Christian Louboutin Vs. YSL Red Sole Battle is Officially Over

Bangladesh Factory Fire: The Guilty Consumer

There has been a lot of news about the factory fire in Bangladesh on November 24th which occurred just as bargain-hunting Americans finished the traditional all-night (and day) after Thanksgiving shop-a-thon also known as Black Friday and spilling over the weekend.  

The fire occurred near the Bangladesh capital, Dhaka, which produced clothing for large American and European retailers such as Walmart, Sears, H&M, Marks & Spencer, and Carrefour. The fire killed 112 workers in a building that lacked emergency fire exits and other standard safety measures. Workers jumped out of window that were not barred in an attempt to escape as exit doors were also locked to prevent worker theft.  The fire was sadly very reminiscent of the Triangle Shirtwaist Factory fire in 1911 in New York.

"Kontroversy" Over Kardashian's Khroma Beauty Make-Up Line

The Kardashian sisters once again are finding themselves in the middle of a "kontroversy." This time over the name of their make-up line Khroma Beauty.  In October, Chroma Makeup Studio posted a letter on its website which is still up, clarifying and distinguishing its brand from Khroma Beauty calling the Kardashian brand "low budget" and stating its intention to defend its trademark.  

The post reads, "[t]he recent releases issued by the Kardashians in regard to their Khroma Beauty product line have caused widespread confusion among our clients.  We have received many concerned inquiries from clients who are under the mistaken impression that Chroma Makeup Studio has somehow become associated with the Kardashians . . .Rest assured, Chroma Makeup Studio, which has a long-standing reputation for high quality colour line cosmetics and services, is NOT endorsing low budget cosmetic products that will be sold in mass retail outlets.  Chroma is in no way associated with the Kardashians."  It goes on to state, "all appropriate steps to defend its reputation and the 12 years of goodwill we have built under the CHROMA MAKEUP STUDIO trademark."

Hearst Lawyers Emailing Former Unpaid Interns to Boost Defense

It looks like the lawyers for Hearst Corporation are seeking to boost its defense in the unpaid intern class-action lawsuit filed in February of this year by Diana Wang, a former unpaid head accessories intern at Harper's Bazaar magazine. Ms. Wang's lawsuit claims Hearst violated federal and state labor laws by misclassifying her as an intern rather than an employee when she worked normal hours (sometimes more) performing entry-level work with little supervision. The judge presiding over the case granted class action status in July with approximately 3,000 former interns now on board.

Last Friday, Hearst lawyers emailed former unpaid interns asking for stories of "the opportunities and experiences they received from their internships." It's pretty clear that the lawyers are hoping to use these stories to spin a positive light on the unpaid internship program. Nonetheless, Hearst has done already away with unpaid internship and will only accept interns who receive school credit.

Read more:
NYMag: Hearst’s Lawyers Now E-mailing Former Unpaid Interns   
NYMag: The Norma Rae of Fashion Interns

Is Tory Burch the Height of Originality? Vanity Fair Thinks Not

With the lawsuit between Tory Burch's eponymous label and that of her ex-husband/business partner Chris Burch's label C. Wonder all over the news lately, Vanity Fair dug a little deeper into the question of who's copying who?

To recap, Tory Burch and Chris Burch are engaged in a lawsuit in which she claims he misappropriated confidential information in the creation of C. Wonder, which is also really a knock-off of her label but at a fraction of the price while he claims she tortiously interfered with his business and sale of his stock in Tory Burch.

IS MISSONI STARTING A CHEAPER LINE?

Photo © 2012 by Judy Wu

 

Yes, appears to be the answer! Missoni, known for their iconic chevron pattern and bohemian style, is in the works to develop a cheaper line to complement their other labels. Who can forget their collaboration with Target over a year ago when stores around the US were swarmed with fashionistas and Target's own website crashed due to the overwhelming demand for the collection. I remember sitting at my desk at work frantically refreshing the website every 5 seconds to get my hands on those fabulous pieces as well. While this line will not be as cheap, I'll still be curious to see the collection and price points. Missoni has "M Missoni" which is cheaper than their main label so I'm thinking it has to be even cheaper than that which would make it a lot more affordable to Missoni lovers. Can't wait!

Read More:
WSJ: How Missoni Keeps Iconic Brand Fresh

Maison Martin Margiela for H&M launches tomorrow - fans already on line!

 

Photo © 2012 By Judy Wu

For those hoping to grab a piece of MMM for H&M tomorrow - get there early! There's already a short line outside since noon today! It so cold I can't imagine what the temperature will fall to tonight! Stay warm if you're planning on waiting! As much as I appreciate the fashion-forwardness of MMM, it is a bit too avant garde for me. I'll probably check it out tomorrow morning after the wait dies down just to take a look at the clothes in person. Let me know what you think of the MMM for H&M collaboration!

NATIVE AMERICAN FASHION - WEAR AT YOUR OWN RISK!

It's pretty clear now that no one in fashion will be donning Native American costumes for fun.  First Gwen Stefani, now Victoria's Secret. 

Gwen Stefani & No Doubt pulled their music video for "Looking Hot" which depicts Stefani donning Native American outfits in a Western style theme after major backlash from the Native American community as being insentive.

You'd think after that fiasco, Victoria's Secret would have taken note but instead a few days later, they sent sweet Karlie Kloss down the runway in its 17th annual fashion show in a traditional Native American headdress, suede fringe underwear, and turqiouse jewelry.  VS has since decided to pull that look from the December 4th broadcast.

FAST FASHION & WHY WE LOVE IT (BUT SHOULD WE?)

Photo © 2012 Judy Wu 

I love fast fashion and I'm sure most of you do too! How many people can say they have never made a purchase from a fast fashion retailer - H&M, Zara, Forever 21, Mango, and the list goes on. We buy from them because they are cheap and stylish. It allows us to keep up with the latest and ever-changing trends without breaking the piggy bank. I wouldn't be able to count how many times I've bought an article of clothing because it reminded me of something I saw in Vogue, Harper's Bazaar, Elle, in the windows of Saks or Bergdorf, on Style.com or Net-a-porter.com, etc, etc. but would I ever dream about buying the original? Not really, unless it was discounted 98%, which is close to what these fast fashion companies do for us.

MY FIRST BLOG POST! (& ABOUT ME)

Hi everyone! I'm so excited to be writing my first blog post! A little about myself - my day job is a lawyer but I definitely day dream about fashion all the time! I've wanted to start a blog for a while now in order to channel my love of fashion but never quite got around to it.  Recently, I've been thinking about what really makes me happy and excited and it's totally all things fashion!  I figure I can also use my background in law to provide a unique perspective as well! I hope you enjoy reading my blog as much as I will enjoy writing it! xoxo

Legal Disclaimer: Nothing posted on this website should be considered legal advice.
Copyright © 2012 Judy Wu
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