The Fashion Law Institute’s 4th Annual Symposium entitled “The Spectrum of Style”  on 4/4 certainly had the “fours” with them.  They also had the force in terms of some serious fashion law experts who appeared on five panels plus  keynote speaker Sigrid Olsen who closed the day with her “Rainbow’s End” presentation during the cocktail reception. As is fitting with the idea of a spectrum each session had the name of a color in its title.  “I was inspired by lights and the color of lights” said Susan Scafidi , professor, founder and president of the Fashion Law Institute at Fordham University Law School (where the symposium was held).  In keeping with her theme she wore a Gemma Redux multicolor Dichroic stone and metal necklace, earrings, ring and holographic patent shoulder bag, all from the line created by Rachel Dooley;  with her stylish black suit. Interestingly, Rachel appeared as a speaker on a panel but not the one entitled “Jewel Tones” (more about that later) but in the one entitled “Red Flag: Are you a Victim of Unauthorized Name Registration in China?” as she had her name trademarked in China by an unscrupulous third party.

As a non lawyer (definitely in the minority in this room) a lot of the terms bandied about initially escaped me, for instance there was much talk about IP law which I later came to realize meant Intellectual Property so it was a little like learning a new language in many ways.  I will attempt to make a brief synopsis of nine hours into a few paragraphs.

Jeff Trexler, Rosenna Sammi, Cecilia Gardner, Farzad Damania, Brent Cleveland, Don Obert, & Laura Koss

The first panel  entitled “Green Light: Seeking Sustainable Style” moderated by Jeff Trexler, Esq. featured Amy Hall (Eileen Fisher), Debera Johnson (Pratt Institute), Laura Koss (Federal Trade Commission), Professor Barbara Pozzo (Universita degli Studi de Milano) who discussed the role of sustainability in global fashion.  They spoke of regulations and initiatives both from the government and from individual companies (Eileen Fisher) for one, including the mapping of the entire supply chain from seed, to farm, to animal.  “Where do your clothes come from, how are they made and what can we do to make it better? We need to make more conscientious decisions and without that information we can’t move forward” Ms. Hall said.  She also pointed out that by 2030, the demand for water will exceed the supply by 40%.  Mr. Trexler said that the movement is “not just a hearty brand of activists trying to convince the rest of the fashion world to go green” but rather regulatory changes are being made all over the world.  He said that we are no longer talking about “refrigerator art” (meaning a piece of art that your child might create that a parent feels compelled to display on the appliance) and admonished not to think of green fashion as “a hat made of coffee filters.”

Laura Koss from the FTC spoke of the truth in advertising claims (it’s known as “greenwashing”) as in not allowing a manufacturer to just state that they are “environmentally friendly” or that a product is recyclable  they must have specific scientific evidence to back it up as it states in the Green Guides which are revised every ten years.  Prof. Pozzo spoke of the European sector mentioning that sustainability is a core value of the EU treaty. “Let the market work for the environment” is the phrase along with integration working from the ” top down and the bottom up” with designer’s regulating themselves.  Deberah mentioned how the Pratt community is working sustainability into their curriculum and teaching the students by working sourcing of supply chains into their fashion education: “Form + Function + Consequences.”

Rosanna Sammi

The second panel “Jewel Tones: From Conflict Minerals to Multi-Destination Orders, Compliance is
key” which I guess sums it up.  Here is where it got confusing for me but
suffice it to say that the passing of Dodd Frank, a long winded regulatory law
for the banking industry which added gold to the list of metals (also the three
T’s of Tin, tantalum and titanium) used by the Democratic Republic of Congo
(DRC) to fund terrorism, had a huge impact on the jewelry industry as well as
affecting electronics. There was already a problem with conflict diamonds (made
famous by Kanye West in a song and by Leonardo DiCaprio) and other minerals.

The panel which included lawyer and jeweler Rosenna Sammi as well as Laura Ross from the FTC doing double duty, also discussed the responsibility of ethics and moral responsibility in commerce.  Cecilia Gardner from the Jewelers Vigilance Committee also discussed making sure that jewelry is regulated in terms of disclosure and identification of product.

Prof Tanya Hernandez, Robin Givhan, Bethann Hardison, Cyrus Mehri

After lunch in the atrium (heavy on the salad with sliced steak, pasta and eggplant parm thrown in) it was back to session #3:  “Whitewash: Fashion & Diversity, On and Off the Runway.”  This panel featured Robin Givhan, the former fashion reporter from the Washington Post and now a critic at New York Magazine, as well as Bethann Hardison, former model and fashion advocate.  Fashion designer Tracy Reese was a no-show but sent her apologies for being tied up in a meeting.  Robin commented that diversity on the runway is not really a reflection of racism but that “designers look at color as a paint chip. It’s not cultural but more of a does it go with the clothes, hairstyles etc that I’m showing?” she explained.  Bethann (soon to be honored with a CFDA for her work) added that designers will say using “ethnic women isn’t my aesthetic” which is better than what they used to say which was “we’re not looking for blacks or ethnics.”  She grew up in the garment district and started the “Black Girls Coalition” of models which has had some success at changing things in terms of diversity by holding press conferences notably one in 2007 at Bryant Park which became worldwide news.  They also discussed the Barney’s/Macy’s racism conundrum and how people were “up in arms” about Barney’s because they are perceived to be snobby whereas most people felt that Macy’s just made a mistake. However, both Bethann and Robin agreed that Jay Z should have said something about the Barney’s situation since he was involved with the store on a collaboration.

Buffet lunch

The third panel: Next was “Red Flag” which I previously mentioned having to do with unauthorized name registration in China.  This panel discussed trademark squatting and the “first to file” law in China which allowed cyber squatters to take a US name and trademark it there.  A new law is coming on May 1st which will perhaps make it slightly harder for the Chinese to do this due to something called “Relative Grounds Examination” meaning a comparison of the incoming application would be studied to see if there is a similar application or product already out there.  Panel member Susan Anthony, of the US Patent and Trademark Office recommended that anyone who was interested in possibly doing business in China should immediately file the papers to trademark their name even before the US patent, to prevent this misuse.  As I previously mentioned, this is where Rachel Dooley of Gemma Redux ran into trouble and lost control of her name.  Many times you can get around this by just modifying your company name slightly for the trademark which could bring into question which one is the knock-off.

Angela Byun, Eden Miller, Kenya Wiley, Stacey Abiraj, Ewa Abrams, & Claudine Meredith-Goujon

The fourth panel:  “Silver Screen: Licensing Links Film & Fashion” featured not only a live panel but also two women from Warner Brothers in LA on Skype.  I must admit I dozed off a little during this one but still managed to take four pages of notes.  Suffice it to say a lot of it had to do with the collaboration of products or brands with movies such as the tie-in with Tiffany & Co. and the latest release of “The Great Gatsby.”  This way Tiffany had complete control over how it was presented, according to Ewa Abrams, rather than in an earlier film which she said “thankfully no one remembers” called “Regarding Henry” with Harrison Ford which she said “had a negative impact” on the brand.  “Breakfast At Tiffany’s” and “Sweet Home Alabama” had a positive impact yet she reminded us that “Breakfast” was a movie about a prostitute so it could have gone wrong.  Other tie-ins mentioned included the movie “Her” and its retail collaboration with Opening Ceremony online (geek chic), “The Hunger Games: Catching Fire” with Net-a-Porter, “Girl with The Dragon Tattoo” and H&M.

Sigrid Olsen

Lastly, we returned to the atrium for refreshments and to listen to the inspirational story of Sigrid Olsen who closed her clothing company in 2008 and has now, after a long legal battle, regained her name (due to licensing agreements in the US, not China) and is embarking on a new venture. “Sometimes a field has to go fallow to produce again” she said referring to the time between the closing of her business and now.  She called this her “most promising” third of her life as she has left the “striving, working, traveling” part of her previous life and founded Creative Wellbeing Retreats where she features art and yoga in beautiful beach settings. The inspiration came to her as she walked on the beach in 2009 in Tulum and her husband suggested she do something with yoga, art and meditating.  She is currently writing 3 books; a cookbook, a personal story with text and visuals and a workbook for after retreats as a reference when people return home.  She also offers work/life balance consultations while on retreat and adds that “If you feel passionate about something, you will be successful at it.  My design work is now aligned to my true self” she said referring to how her clothing line was “very preppy” while she was a “hippie.”  Sadly, she mentions that she recently lost her husband after a bicycle ride, and that she is a survivor of breast cancer and a double mastectomy but that she nonetheless considers this her “truly happy time.”

After thanking Susan Scafidi for nine months of negotiations that “I never would have been able to do myself” referring to the re-taking of her name, she concluded her speech with these words for all the lawyers out there:  “Next time I sign a contract, don’t rob me of my soul.”  I don’t think I can improve upon that for closure.

– Laurel Marcus

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A new law has just been passed in New York State which could spell major changes for the modeling industry.  As of today, November 20, 2013, fashion models under the age of 18 will be protected by the child performer law which previously applied only to child actors in film, television or live theater.  These laws govern a child’s working hours, schooling requirements and trust account payments as well as the need for their employer to provide a responsible person as guardian of the child if there is no parental figure available.  There is a tremendous amount of paperwork involved and most designers can’t be bothered.  Fines will be imposed and the offending designer’s runway show may even be shut down if the ruling is overlooked in accordance with spot checks from the Department of Labor.  Fashion week will be a true test of the law and the panel agreed that many modeling agencies will no longer be bringing underage models into the country. Clients will most likely want to find someone who is at least 18.

Cocktails before the panel discussion

I attended an event, appropriately enough at The Players Club, last night presented by The Fashion Law Institute. Professor Susan Scafidi, founder & Academic Director of the Institute introduced the evening’s program. A panel of speakers well versed on the subject discussed the new law before a crowd of primarily Fordham Law students which is where the Fashion Law Institute resides.  The moderators were Ali Grace Marquart, formerly of in-house counsel to Wilhelmina Models and Doreen Small, formerly of in-house counsel to Ford Models who have joined forces in their own firm Marquart & Small as well as both being professors of Fashion Modeling Law at the university.  On the panel were Sara Ziff, founder and director of the Model Alliance (a model herself), Richard Runes, government affairs attorney, Huseina Sulaimanee, counsel for SAG-AFTRA, James Scully, casting agent, Pico Ben-Amotz, general counsel, New York State Department of Labor, Ava Smith, a Wilhelmina model and Roman Young, director of Woman/Image division at Wilhelmina.  Each of the speakers had something different to add due to their unique perspectives but all of them were feeling celebratory that the law was finally being mandated.

A lively discussion

“I’m not gonna tell you exactly how the sausage gets made” said Runes referring to how Senators Jeff Kline and Diane Savino introduced the bill to the senate and the assembly and it was passed three days later by the senate.  He also mentioned that there were adversaries to this legislation and therefore it was done with no publicity.  Change had been in the works since 2003 most likely brought on by the need to do something about modeling agencies hiring  girls of 14 or 15. Casting Agent Scully cited the influx of child models from Eastern Europe and Brazil.  Before that he said the norm was Cindy Crawford, in her 20’s, and a buxom size 8.  As the pendulum swung and modeling agencies sought thinner bodies, the average age of a model went toward the pre-pubescent.  Models under 18 will still get work in Milan, Paris and Asia but not in New York which is where they really need to be to be successful.  Even California has strict laws governing underage models.

Roman Young, the Wilhemina Model scout summed it up when he said “I do not want to fly around the world and talk to teenagers all day.”  Scully added that he had once tried to book 3 models for a shoot in Paris and was told they couldn’t be reached as they were visiting Disneyland with their parents.  He pointed out the incongruity of them being at Disneyland today and in Chanel tomorrow.  He added that perhaps the modeling agencies will only bring over 1 or 2 special girls that they will fill out the necessary paperwork for, rather than 20.” “There were (unchaperoned) children running all over Manhattan) he remarked. Lastly the panel agreed that there may still be a need to make some “tweaks” or impose a variance once Fashion Week rolls around again in February.

We welcome our newest contributor Laurel Marcus: My formal education is in Journalism (B.S. from Boston University) and my past employment has included stints as a copywriter/feature writer for a public relations firm, an interior design director for the hospitality industry as well as a part-time stylist/personal shopper for anyone who has asked me nicely or seemed desperate enough.  I have appeared in Bill Cunningham’s NYTimes column “On the Street” (I told everyone I was a “streetwalker”) and my personal style is “in-your-face.”

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Yeohlee Teng (L) and Susan Scafidi All photos: Henry S. Dziekan III

On April 20, fashion industry professionals and attorneys came together at the home of the newly defined field of fashion law to discuss current issues and participate in a Q&A with designer Yeohlee Teng on the theme FASHION=ART+COMMERCE. The Fashion Law Institute’s second annual symposium kicked off with a panel of financial experts addressing the question, “IPO, Yes or No?” – a tantalizing option for many fashion houses in light of the stunning success of the Michael Kors IPO and the Brunello Cucinelli and Tumi roadshows in anticipation of their own public offerings.

From left to right, Valerie Steele; Yeohlee; Nancy Prager, Esq.; Susan Scafidi, Professor & Academic Director, Fashion Law Institute

Speakers including John C. Kennedy of the law firm Paul Weiss, which handled the Michel Kors offering, cautioned against being overly optimistic in approaching any form of fashion financing, however. Hilldun Co-CEO Jeffrey Kapelman reminded attendees, “Hope is not a strategy.” From the perspective of Roberta Karp, former General Counsel of Liz Claiborne, the answer to the IPO question was an emphatic, “No.” While all of the panelists acknowledged benefits to becoming a public company, Karp noted that the pressure of answering to a board can be an unwelcome experience for creative designers.

Turning to the issue of fashion counterfeiting, the second panel invited brand protection experts to share cutting-edge research and approaches to the problem, which has increased with the growth of online retail. Te Smith of MarkMonitor noted that 30 percent of internet sales begin with a brand name search, which can pull up more sites advertising fakes than genuine merchandise.

Part of the audience at the event

Traditional enforcement measures are often compared to the arcade game Whac-a-Mole – counterfeit retailers pop up on the street corner or a website, brand owners shut them down, they pop up again elsewhere. In the “Beyond Whac-a-Mole” session, speakers suggested new solutions ranging from the International Anti-Counterfeiting Coalition’s new payment processor initiative to New York City Council Member Margaret Chin’s proposal to outlaw the buying (and not just the selling) of fakes to the International Trademark Association’s upcoming campaign to educate teens about counterfeit goods. Attorney Michelle Marsh of Kenyon & Kenyon suggested starting even younger, telling the audience that her six-year-old was devastated when he believed he’d received a fake.

Model wearing a dress by Yeohlee

On the next panel, speakers from around the world addressed the role of the BRIC countries – Brazil, Russia, India, and China – in the current fashion equation. Intellectual property enforcement issues, economic pressures, and the global distribution of manufacturing topped the list. Sao Paulo-based Financial Times reporter Vincent Bevins noted that the increased interest in the fashion industry in Brazil is complicated by a lack of manufacturing capacity, which results in extremely high prices. “I was happy to be invited to speak,” he added, “because I come to New York to buy socks.”

The “Admonishments” session focused on whether the law should regulate digitally manipulated or potentially offensive images of models and celebrities, in particular the fashion photos that provide unrealistic “thinspiration” to impressionable adolescent girls. Seth Matlins of Off Our Chests urged federal regulation to require advisory messages on all altered images, a measure that would be akin to cigarette labeling.

Dartmouth computer science graduate student Eric Kee has developed a numeric scale to measure how much a human image has been manipulated, ranging from minor alterations like eliminating a blemish to a complete Photoshop facelift. Seeing a potential application of Kee’s work, Model Alliance president and founder Sara Ziff noted that models like herself have little control over their images, but envisioned a future in which contracts might include not only no-nudity clauses but also limits on the degree to which an image could be altered.

End of Yeohlee’s fashion show

The symposium closed with a conversation between designer Yeohlee Teng and Professor Susan Scafidi, founder of the nonprofit Fashion Law Institute at Fordham Law School, followed by a runway show featuring Teng’s spring collection. Teng is renowned not only for her architectural designs but also for her commitment to manufacturing in New York City’s Garment District, an industrial neighborhood where she has deliberately located her elegant retail boutique. When asked about the FASHION=ART+COMMERCE equation and whether her dual roles as a creative designer and small business owner ever conflict, she deadpanned, “Yes. My brain is black and blue.” Scafidi replied, “Oh, dear. Let’s not make those next season’s colors.”

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The Fashion Law Institute is the world’s first center dedicated to law and the business of fashion.

The Fashion Law Institute presents its 2nd annual symposium, FASHION = ART + COMMERCE, a daylong event on Friday, April 20, at Fordham Law School featuring discussions by experts in the fashion, legal, financial, and governmental arenas about cutting-edge topics in fashion law – and a Q&A and fashion show with internationally renowned designer Yeohlee Teng. The even runs from 9:15 am – 6:00 pm April 20 at Fordham Law School, 140 W. 62nd Street (between Columbus and Amsterdam).

A nonprofit organization created with the generous support and advice of the Council of Fashion Designers of America and its president, Diane von Furstenberg and located at Fordham Law School, the Institute offers training for the fashion lawyers and designers of the future, provides legal services for design students and professionals, and makes available information and assistance on issues facing the fashion industry.

 “Whether your focus is money or models, during the symposium we will explore the question: Can you balance the fashion equation?” said Fordham Law Professor and Academic Director of the Fashion Law Institute Susan Scafidi. For example, explained Scafidi, “The IPO panel includes a lawyer who worked on the wildly successful Michael Kors IPO, which has turned heads across the industry. But does going public make sense for other fashion houses? The ADmonishments panel will illustrate recent controversial ads and actions – Britain has banned ads by L’Oreal, Marc Jacobs, and Axe; model Filippa Hamilton claimed she was fired for being too fat and that she’d been hyper-photoshopped in Ralph Lauren ads; Israel just adopted not only a minimum BMI law for models but also a requirement that altered images carry what is essentially a warning label. Can legal counsel, marketing departments, and public policy advocates like the Model Alliance and Off Our Chests find common ground?”

New York City Council Member Margaret Chin, whose district includes Canal Street, Te Smith of MarkMonitor, and representatives from the International Anti-Counterfeiting Coalition and the International Trademark Association will each present proposals related to fighting fake fashion during the second panel, Beyond Whac-a-Mole: New Initiatives in Intellectual Property Enforcement. The MarkMonitor presentation will include new case studies and data from the world of ecommerce and interactive marketing.

During the concluding reception, Yeohlee Teng, an internationally renowned designer with a particular commitment to New York City’s Garment District, will discuss her career and her inspirations, and then send a selection of her current work down the runway. “In 2010 she opened the only designer retail boutique in the Garment District – not the most glamorous of neighborhoods — to draw attention there, and is very committed to having her work made in New York. She’s the epitome of art+commerce,” said Scafidi.

Schedule:

· 9:30-10:45am IPO, Yes or No?
Recent high-profile IPOs in the fashion industry raise questions of if, when, why, how and where a fashion company should list itself on a public exchange. IPOs can raise money for a fashion house to expand, allow founders and early investors to cash out, and give a label greater clout – but IPOs also open the company’s financial statements to the public and subject management to the volatility of markets and the wishes of shareholders. How does a creatively driven business determine whether it’s a go for an IPO?

· 11:00am-12:30pm Beyond Whac-a-Mole: New Initiatives in IP Enforcement
Brand protection experts frequently describe the challenges of their work in terms of the arcade game Whac-a-Mole – counterfeiters pop up, intellectual property owners smack them down, counterfeiters pop up again. But fashionable trademark holders and their advocates have a few new ideas to share, including new case studies and data from the world of ecommerce and interactive marketing.

· 2:15-3:30pm BRIColage: Emerging Patterns in Fashion and International Trade
The BRIC countries – Brazil, Russia, India, and China – are the fastest-growing and largest emerging markets in the world. Each country already plays a significant role in the fashion industry, whether in design, manufacturing, consumption, or all three. They are also, however, facing intellectual property challenges, increasing labor costs, and opposition to trade agreements amongst their citizens. How will the BRIC countries change the face of the global fashion industry?

· 3:45-5:00pm ADmonishments: Where Fashion Law and Advertising Meet
In advertising, fashion’s creative directors often pursue the avant-garde, while fashion lawyers must remain on guard. From British bans on controversial ads to Israeli and proposed French regulation of modified images to the invention of digital modification detection software, fashion advertising is coming under greater scrutiny. In the U.S., the proposed Media and Public Health Act (formerly the Self Esteem Act) continues this trend, raising questions about who should control artistic images created in the service of commerce.

5:00-6:00pm CONVERSATION & FASHION SHOW with Designer Yeohlee Teng.

Fordham Contact: events@fashionlawinstitute.com
Media contact: Robin Wagge, Rubenstein Associates, 212 843 8006, rwagge@rubenstein.com  

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