Down the Runway: A Day of Fashion Law

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Pryor Cashman Partner Dyan Finguerra-DuCharme, a member of the firm’s Intellectual Property Group, spoke at The New York County Lawyers’ Association CLE event "Weill Greenberg Center, 1305 York Avenue in New York City" held Friday, February 8, 2013.

A variety of issues may arise when representing a fashion client, from intellectual property, to labor and employment, corporate governance, customs and advertising issues. This CLE was aimed at practitioners confronted with the legal implications of representing a client in the fashion industry, and attempted to address the most salient issues pertinent to the fashion law practitioner.

Topics were covered across six panels. Finguerra-DuCharme spoke on the fourth panel, which addressed the extent to which intellectual property does or does not cover fashion apparel. This panel rounded-up some of the most recent trademark cases pertinent to the fashion industry. Additional panels included:

  • The Business Foundation – covered essentials of company formation, as well as growth through financing vehicles such as private placements (debt and equity offerings)
  • The Business of Fashion – covered the lesser known area of commercial agreements in the fashion industry. This included agreements with department stores, agreements with licensing agents, and other representatives that are critical in the sale of goods. This panel also covered essential aspects of the UCC and the CISG.
  • Import/export and Anti-counterfeiting Strategies – covered all legal pertinent issues when importing or exporting goods from the US (classifications, labeling etc.), and also covered anti-counterfeiting strategies and the use of border control to assist brand-owners.
  • Brand Building – covered all essential aspects of growing a brand through licensing; and basic IP protection considerations when expanding a brand into another country.
  • Advertising and Fashion Web 3.0 – covered the essential aspects of advertising fashion brands within the parameters of our current regulatory framework; and the essentials of operating online and using social media to promote products.