Showing posts with label fashion law. Show all posts
Showing posts with label fashion law. Show all posts

Tuesday, June 30, 2015

The Benefit of Fashion Law Degrees and the Predicament of their Cost


Authored by one of my talented law clerks this summer, Ms. Anna Zabotina, we're offered a fresh perspective on Fordham's new fashion law degrees from the perspective of a law student.



On Monday, June 21st Fordham Law School announced the addition of two new fashion law programs to its curriculum.  The programs promise specialized legal training for the fashion industry. The first program provides an avenue for industry professionals without legal experience to learn about what could affect their business. The second degree for attorneys presents a conundrum of whether this added education is necessary for those who want to work for a fashion client but cannot afford the luxury price tag.

In 2010 Susan Scafidi launched the Fashion Law Institute at Fordham Law School after persuasive lobbying from the Council of Fashion Designers of America (CFDA). The program includes various fashion focused legal classes such as, Fashion Licensing and Fashion Retail Law, and a summer “boot-camp”. During three weeks in the summer, interested individuals are able to receive a quick rundown of what affects the industry, and attend varying networking opportunities. This 2-credit (if already attending law school) or certificate granting program runs at $3,900.00.

Nevertheless, during the launch announcement of the two new degrees on Monday, Scafidi stated that in order to have the field gain respect, students should have a degree to show for their specialized knowledge. The first program being offered to those, who already have a law degree, is a Master of Laws (L.L.M) in Fashion Law. The yearlong (full-time) or three semester long (part-time) curriculum will teach about the “four pillars” of Fashion Law in 24-27 credits. The pillars are; intellectual property, business and finance, international trade and government regulation, and consumer culture and civil rights. Additionally, the school will provide varying events and networking opportunities to the students. For more information see (http://www.fordham.edu/info/23599/fashion_law). For eligibility criteria see (http://www.fordham.edu/info/21170/apply/5169/eligibility).

The second degree is a Masters Degree for Industry Professionals (M.S.L) in Fashion Law. It is designed for individuals either already working as designers, production managers, licensing directors, human resources coordinators, and so on, or for those that aspire to work in the fashion industry. The curriculum is meant to develop a "legal literacy" for industry professionals through the four pillars of fashion law. Diane Von Furstenberg, President of CFDA and a large supporter of the program, has said that she “firmly believes this program will become a powerful tool in the fashion world and beyond, and help us all as an industry – lawyers or not – better understand, grow and protect our businesses.” Scafidi added that if nothing else, this program will teach the fashion industry when to acquire professional legal help. For more information on classes and how to apply visit (http://www.fordham.edu/info/23328/msl_in_fashion_law).

Overall, the degrees are meant to safeguard an industry that has had an increase in litigation over the last decade, as evidenced by several high profile lawsuits such as the "Christian Louboutin Red-Sole" lawsuit [Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc.,], and the "Marc Jacobs Three-Stripe" lawsuit [Adidas America Inc. et al. v. Marc Jacobs International LLC]. According to the founders, since every single aspect of a fashion business has a legal component (coming up with a brand name, leasing real estate for sale, hiring employees, etc.) it is extremely beneficial to have individuals with a specialty in the field that can zero in on specific needs of a client and prevent disputes.

It should be noted, however that fashion law is not a new law field, per se.  Fashion law is made up of a combination of intellectual property, real estate, business, financial, employment, contract law, international trade, product and fashion compliance, and marketing law. The majority of these fields have been taught at most law schools for decades.

As a law student who is interested in working for a fashion business, I am drawn toward the idea of classes focused on the industry. Also, the M.S.L. program provides the type of education  that someone in the industry without prior legal background could definitely benefit from. Still, I wonder if it is possible to succeed as someone who has had a legal education and finds the idea of adding to student debt daunting.

The tuition for the L.L.M program is $53,440.00 a year, and for the M.S.L. program it is $40,080. These price tags are suited for luxury goods.

For those that cannot afford to attend the program, taking classes similar to those offered at the L.L.M program during law school could be an alternative. Although all of the required courses have not been posted yet, they can be found in the future at (http://www.fordham.edu/info/23599/fashion_law). The degrees offer varying networking events which are essential to any legal career. Nevertheless, in the past it was possible to attend events at the Fashion Insitute without being a student there, through a separate registration for a minimal fee. For Fashion Institute's events check out (http://fashionlawinstitute.com/institute-events/the-power-of-fashion). Hence, it could be possible to design your own "fashion law" curriculum where attending the LLM program is not feasible.



While the combination of classes in varying law fields, and industry insight might make individuals that acquire these degrees desirable to employers and clients.  The inability to attend the program does not squander one's chances of working for a fashion business, as long as steps are taken to learn and master the different fields of law that make-up "fashion law."  

Monday, March 23, 2015

Learn How to Incorporate Sustainable Practices into Your Business

FREE SUSTAINABILITY CONFERENCE 3/28 IN BROOKLYN, NEW YORK


This weekend on Saturday March 28, 2015, the Pratt Institute's Center for Sustainable Design Strategies is offering a day long series of presentations, panel discussions and workshops that is free and open to the public.

Whether you are an established brand looking to branch out into having a sustainable fashion arm of the business, a growing brand that imports and is looking for better practices, or a sustainable fashion enthusiast, you'll be sure to walk away with something of interest from this conference.

Though free, registration is required and you can do it here:  http://csds.pratt.edu/sustainability-crash-course-2015/

See you there, and if you spot me be sure to come over and say 'hi!'



Tuesday, February 24, 2015

A Fashion Compliance Legal Checklist


Have you seen the primer on Fashion Law on Open Source Fashion written by Deanna? 


  Check out this article to get a basic overview of what every startup #fashion business needs to know about!  http://bit.ly/1afKWaQ

Wednesday, February 4, 2015

Supporting AGOA Renewal & Trade With Africa


Whether you like it for US business or for Sub-Saharan African ones, the question that supporters are trying to explain to Washington right now is: 



I’ve been getting a lot of emails lately regarding support for the renewal of the African Growth and Opportunity Act (AGOA) including a call to action to pledge support for the Act’s re-authorization which is set to expire in September 2015. 

I even found in my Inbox a wonderful piece by Steve Lamar, Executive Vice-President of the American Apparel & Footwear Association (AAFA), which mentioned how the dysfunction in Washington DC (i.e., our wonderful government) is hurting U.S. businesses engaged in international trade with Africa because the delay in AGOA renewal restricts the ability to make viable business projections and decisions about sourcing.  Steve’s op-ed piece can be found here. 

Lastly, today I found another article written by the folks over at McKinsey & Company chiming in on the growth opportunity in Africa.  You can access their article here.

So with all of the supporters, it begs the question – What is Washington waiting for?

For more on this subject, check out these articles and others I’ve written as well to learn more about the AGOA trade agreement and it’s renewal.

Questions/comments?  Post below or email me at clark.deanna@gmail.com
Keep up with me at www.fashioncompliance.com or:
On Twitter @fashcompliance

Wednesday, November 26, 2014

Ever Wonder How USPS Handles Exports and Imports?


I had the pleasure of seeing first hand how the US Postal Service (USPS) handles imports and exports by air in to and out of its Kennedy (JFK) airport location in Jamaica, New York during a recent tour I took there.



Regarding imports, USPS receives about 400 air containers per day from all over the world.  It has an International Mail Agreement which standardizes by code mail equivalents worldwide and streamlines the processing of incoming mail.  Mail passes under an infrared scanner that verifies receipt of the packages into the US mail system and reconciles payments at such time.  Of course, there is always mail for which an address cannot be read, a package’s integrity has been compromised, or some other reason necessitating the need for manual processing, so there is a dedicated area for doing this as well.

E-commerce and E-bay sales make up a huge portion of total imports by mail into the U.S. in what are known as “E-packets,” and to my surprise I saw some itty-bitty packages that identified the contents as clothing, a dress specifically, as it needed to be identified for customs purposes.  All I could think was, "this must be a really small dress!"  Or not a dress, obviously...
  In fact, 5 Million “E-packet” packages come from China and South Korea every month. Wow!
US Customs is, of course, present for cargo inspections and not only are agents walking around the floor to check and even open up questionable mail, Customs likewise has its own dedicated and restricted space for conducting larger inspections on flagged shipments.  

Regarding mail destined for foreign locales, i.e., exports, they arrive into the “Business Mail Entry Unit,” where commercial shipments have been delivered by bulk mail providers like “Asendia,” and the mail gets sorted and then assigned to a flight.  Air carriage services include their International Surface Air Lift (ISAL) option, which delivers within 7 to 11 business days, the International Priority Air Lift (IPA) option, which delivers in 4 to 7 business days, or an Express Air option which delivers in 3 to 5 business days and has a “time-definite” delivery to certain countries.  
 It should be noted however, that as not every foreign country has the infrastructure or capabilities to have this capacity, the time definite delivery cannot be offered to all destinations.
 The packages themselves are sorted by destination country and where the volume is very high, such as exports to Canada, a special section designated specifically for that country is demarcated.  With 3 working shifts a day, mail is kept moving 24 hours per day amounting to roughly 3 to 4 trailers of IPA and ISAL mail that gets exported daily.

While packages get placed onto various air carriers, 99% of air exports travel on a FedEX airplane, with whom USPS has service contracts and to which they are FedEx’s largest customer.

For more information on exports or imports with USPS, contact Mr. Kenyatta Adams of the US Postal Service at Kenyatta.A.Adams@usps.gov .

Questions/comments?  Post below or email me at clark.deanna@gmail.com
Keep up with me at www.fashioncompliance.com or:
On Twitter @fashcompliance

Wednesday, November 19, 2014

AGOA Eligible Countries Keep Benefiting Despite GSP Lapse


Even during the present lapse in the Generalized System of Preferences (GSP), US Customs clarified for the trade community today that GSP-eligible imports from African countries eligible under the African Growth and Opportunity Act (AGOA) continue to benefit from GSP.


As currently legislated, the AGOA remains in effect through September 30, 2015.
Special program indicators (SPIs) denoted by a letter are shown on the Harmonized Tariff Schedule of the US (HTSUS) to indicate under which special program a product may apply.

The overwhelming majority of AGOA-eligible tariff items in the HTSUS indicate one of three GSP SPIs, namely “A,” “A*” or “A+,” and not the AGOA’s SPI “D.”

US Customs requires that the AGOA claim be made on these GSP-eligible tariff items by prefacing the HTSUS number with the SPI “A.”

To receive AGOA preference for eligible goods on a tariff item with the SPI “A,” “A*” or “A+” in the “Special” column of the HTSUS (and not “D”), importers should transmit the entry summary with the SPI “A” and without duty.

For further clarification please refer to the AGOA regulations, 19 CFR 10.178a, and the GSP regulations, 19 CFR 10.171-178.

Questions about this may be directed to the Trade Agreements Branch at FTA@dhs.gov or to myself by posting below or emailing me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or


On Twitter @fashcompliance

Tuesday, November 11, 2014

Online Resources for Fashion Compliance and Fashion Law

Are you looking for more fashion law information related to your fashion compliance obligations?



Here is a list of resources to help you learn more about what’s required for you to do the right thing and avoid getting hit by penalties for wrongdoing. We have many other articles in our blog that we invite you to peruse through as well.
Be advised that while we are providing this information and it may be considered guidance, we are not guaranteeing that any of the rules, regulations or protocols stated in these publications and resources are current (in fact portions of it are outdated as you will see since these laws frequently are amended, but it is what the government has published and is therefore, publicly available), still applicable, or should be considered as legal advice.
It is always recommended to have legal counsel review anything you have put together to ensure you are actually complying with the law. 


MARKETING CLAIMS

Are you telling the truth, the whole truth and nothing but the truth when it comes to your product descriptions made in advertisements, whether in print or online?  Perhaps, you’re stretching the truth???

Whatever the case may be, be advised that truthful marketing statements and non-deceptive advertising are highly regulated areas.  To learn more about what you can and can’t do, check out these links here:





GREEN MARKETING (“ECO-FRIENDLY”)

Part of the sustainable fashion movement?  Are your products “Eco-friendly?”  If they are, kudos to you!  We are absolutely for the advancement of products that could be considered “sustainable fashion.”

As a warning, however, the government has strict rules on what can be claimed as “green” and even requires proof to substantiate any claims made.  Watch the video on their website and find more information on this at this link here:



MADE IN USA

We make excellent products here in the U.S.  and if you want to have the privilege of labeling your products with the statement “Made in USA,” you better darn well make sure that it was all or virtually made here in the USA.   While this may sound relatively straightforward, this can get complicated when some components have been imported despite the manufacture of the final product being fabricated here in the US.  It’s complexity further rises when a company wants it’s goods to qualify under the Buy American Act or to sell to the government, which has its own criteria regarding products claiming to be Made in USA.

For more on Made in USA disclosures, check out this page here.

CLOTHING LABELS

Believe it or not, figuring out the proper way to state required disclosures on clothing can get complicated fast when what you are selling is either imported in to the USA, made in the USA but of foreign components, or made up of US originating components that are assembled into a finished product abroad.  This is because there are overlapping laws that apply to clothes under these circumstances.

It becomes further complicated if you are using recycled materials, unknown fibers or miscellaneous scraps.  Since there is so much misinformation out there on this subject, we invite you to contact us with any questions related to this subject.


IMPORTING

To put it mildly, importing laws are a beast unto themselves.  Nuances from fiber blends, to articles sold as sets, to importing second hand clothes all raise specific issues in relation to product classification, labeling, how it is marked and its value determination.

US Customs Informed Compliance Publications cover a wealth of subjects from apparel classification, to fiber trade names, to importing basics.  They all give you a head start on how to do the right thing in terms of importing in to the US.

For these subjects, how to take advantage of money saving opportunities through the trade agreements, and more, check out this link.


EXPORTING / E-COMMERCE

“This is not your parent’s post office.”  -- Anonymous, USPS Corporate Office Employee

Don’t be fooled by what the U.S. Postal Service used to be, it currently provides the market’s share of shipping for e-commerce, and has been steadily expanding its reach to new corners of the globe to better serve you the merchant.  Have a look at its international services through the link here.


TESTING

Many tests required under the apparel laws must be done by a test laboratory certified by the US Consumer Product Safety Commission.   While approved by a US agency, they labs may nonetheless be outside of the US.  To search for a lab near you, check out this link here:


DESIGN ISSUES

It's not uncommon that designers are concerned about the possibility of others taking their creative ideas and profiting from their intellectual property.  Learn more about protecting yourself through trademark, patent and copyright protection at the US Patent and Trademark Office. 



LAW SCHOOLS WITH A FASHION LAW TWIST


The following is a list of law schools that have either a Fashion Law course, have hosted a “Fashion Symposium,” or have a “Fashion Club” on campus.

  • New York Law School
  • Loyola Law School
  • Fordham Law School
  • Southwestern Law School
  • University of Virginia School of Law
  • Cardozo Law School
  • New York University
  • New England Law
  • The John Marshall Law School
  • Brooklyn Law School
  • Hastings Law School
  • Charlotte School of Law
  • St. John’s University School of Law
  • Touro Law School
  • Howard University School of Law
  • University of Southern California

Have questions or comments on fashion compliance and/or fashion law? Feel free to connect with us!

Learn more at www.fashioncompliance.com or
Tweet us @fashcompliance on Twitter or
Email us at clark.deanna@gmail.com


Saturday, October 4, 2014

Busted for its Caffeinated Undergarment? Don’t Stretch the Truth About Shapewear

Ever hear of cellulite slimming leggings made of fabric infused with caffeine to metabolize fat?  Me neither!  


(Photo courtesy of FTC)

Nevertheless, according to the Federal Trade Commission (FTC), the iPant AntiCellulite Shapewear by Wacoal advertised such benefits of this garment as follows:

"Novarel Slim microfiber incorporates microcapsules containing caffeine, retinol, ceramides and other active principles that improve skin’s appearance and control cellulite.  The caffeine activates microcirculation and speeds up the breakdown of fat. The active principles are released during the garment’s use, providing a permanent anti-cellulite effect."

The recommended use of 8 hours a day for 28 days further purported that test results indicated a reduction in thigh measurement, however, according to the FTC, such test results were merely based on “two unblended, uncontrolled trials with serious methodical flaws,” and was therefore considered deceptive advertising by the FTC.

The result?  $1.3 million in fines. OUCH!

Thinking about making a statement about your product that may be stretching the truth?  Steer clear of it and check out www.ftc.gov for more information on the making of truthful claims.


For more on the Wacoal case and another lingerie retailer facing FTC scrutiny for its questionable shapewear claims, check out the article here.

Have questions or comments? 

Learn more at www.fashioncompliance.com or
Tweet us @fashcompliance on www.twitter.com or
Email us at clark.deanna@gmail.com