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This practice is costing designers greatly as more advanced technology makes it possible to see high-quality copies appear in stores before the original has even hit the market. While it has long been the practice of the American fashion industry to knock off European designs, American designers did not copy one another. They registered their original sketches with a trade group called the Fashion Originators Guild, an organization that urged retailers to prohibit styles known to be knockoffs.

In 1941, the Supreme Court held that the Guild was an unreasonable restraint-of-trade; the end of the Guild marked the beginning of the knocking off “free-for-all” that we are familiar with today began. It is now common for imitators to photograph the clothes in a designer’s runway show, send the photo to a factory to be copied, and have a sample ready within a couple of days for retail buyers to order.

Since fashion collections are displayed in runway shows approximately four to five months before they are available to the public, this leaves the fashion impersonator plenty of time to get the copies to stores at the same time, if not earlier, than the originals. Designers assert that design piracy cuts into their longstanding franchise of uniqueness, lowers their sales volume, and ultimately removes incentives for creativity. Sometimes the same department stores that carry the higher-priced version of a garment will also sell the lower-priced knockoff, often under the store’s private label.

Knocking-off is widespread in the fashion industry and even those designers who fume over being copied are not above doing it themselves. Because of the speed with which designs can be recreated, it is not even always clear which designer created the original and which designer simply copied it. This discussion will explore how protection of fashion works fits – or does not fit – into the current intellectual property law framework in the United States. The overall organization of this discussion is a systematic consideration of possible protection for works of fashion under copyright, patent, and trade dress law.

This discussion will encompass not only the current state of the law, but also proposals for reform, such as an amendment to the Copyright Act to protect fashion works. The central question is whether fashion design is an art worthy of protection or a craft whose practitioners can freely copy one another. In an industry where many designers come out with similar looks each season – and where inspiration is said to be “in the air” – designers and the thriving knockoff industry are fiercely debating the issue.

Another key question: whether knockoffs actually benefit the industry as a whole. Copying, some argue, propels the fashion cycle forward by creating popular trends that encourage designers to move on to the next big idea. In what they call the “piracy paradox,” law professors Kal Raustiala of the University of California, Los Angeles, and Christopher Sprigman of the University of Virginia argue that copying makes trends drench the market quickly, driving the fashion cognoscenti to search out newer looks. If copying were illegal, the fashion cycle would occur very slowly, if at all,” While they admit copying can harm individual designers, they say Congress should protect industries only when piracy stymies — rather than encourages — innovation. Despite the apparent unsuitability of copyright protection to works of fashion, commentators are often confused by the anomalies in copyright law under which fashion accessories, works of architecture, and computer chip designs are eligible for copyright protection.

Some argue that since copyright has already been extended to protect the aforementioned items, copyright may be the best legal tool that fashion designers have when fighting design piracy. For example, Robert Denicola has argued that it would be more consistent with the legal principles of intellectual property law to draw the line of copyright with respect to arguably “useful articles” by shaping whether, in the process of creating the item, the designer focused primarily on aesthetic or utilitarian consideration. Such a test would to a great extent improve the odds that works of fashion would be ranted copyright protection, as most fashion designers are concerned with the aesthetic rather than the functional aspects of their clothing. The specific extension of copyright to fashion works would have many advantages for designers. First, a copyright owner may seek an injunctive remedy to prevent the impersonator of his or her design from making and selling copies of the original. Second, copyright law allows for the imposing and discarding of the infringing items. Third, the copyright owner can recover damages, either actual or statutory, and also profits.

Finally, the copyright owner may be able to recover court costs and attorney’s fees. This last remedy is especially important in fashion design cases, as it allows small new designers to take on big manufacturers whose greater power and financial resources would otherwise be an intractable obstacle. Despite these advantages to fashion designers, an amendment to the Copyright Act for works of fashion is not likely to be passed soon. As one commentator concisely stated that the current situation of the legislators and courts has a great deal of trouble seeing past the utilitarian function of a piece of clothing.

While industrial designs have been the subject of repeated bills, Congress has explicitly excluded fashion works from these bills. For example, while the Design Anti-Piracy Act of 1989 would have protected original designs of useful articles against unauthorized copying, the bill would have barred apparel designs composed of three-dimensional shapes and surfaces with respect to apparel. According to one commentator, this exclusion has no basis in any discernible principle. It was added to help still the vociferous opposition of retailers to the bill. In this current climate of judicial and legislative hostility, copyright protection will probably not be extended to specifically protect fashion works. Fashion seems to be an industry particularly ill-suited to legal restrictions against copying. Copying – or “borrowing” or “reinterpreting” – is prevalent at every level of the fashion industry. When a lower-priced designer knocks off a higher-priced designer’s clothing, the copy may be a huge success because it offers more value for the price.

But it is the higher-priced designers who are copying each other. Fashion designers labors over their finished product just like any other creator or inventor. It takes hours upon hours of careful effort until a dress with just the right cut or a purse with the perfect design is complete. Why should this hard work and effort not grant the person behind the creation some level of security, allowing them to collect the benefits of their labor? As a matter of Public policy it is generally believed that copycats are good for the economy.

The claim asserts that preventing copyright for fashion eliminates the possibility of a monopoly by providing the consumer with lower priced knockoffs. Furthermore it is contended that knockoffs really promote business for the designer by creating a market for a style of fashion. But do we believe this actually? And what’s wrong with having a monopoly on fashion? When a consumer spends thousands of dollars on a purse or a dress that others will recognise as a Louis Vuitton or Versace, they should be able to enjoy the exclusivity that comes with such a purchase.

Knockoffs steal from the consumer of their exclusive right to enjoy a specific product. There are policy based arguments behind the government’s resistance to providing a copyright for fashion; ranging from the dislike for creation of monopolies to improving the market. If the designer believes another person infringed his copyright, he could sue those who sell or manufacture the design in any federal court. Those found guilty would face fines of 250,000 or $5 a copy, whichever is greater. To read more articles on Textile, Fashion, Apparel, Technology, Retail and General please visit www. ibre2fashion. com/industry-article. If you wish to download/republish the above article to your website or newsletters then please include the “Article Source”. Also, you have to make it hyperlinked to our site. About the Author Fibre2fashion has emerged as a distinctive B2B platform for global Textile, Apparel, Fashion and Retail and allied industries. Fibre2fashion. com offers business solutions, news, articles and information that help to survive and sustain in the most hostile and competitive business environment. Posted by Adinda at 11:59 PM Trendy clothes for the season

Fashion stylists should have a genuine interest in fashion in order to succeed. They should have an eye for style and keep abreast of the latest trends in the fashion industry. Some stylists have a degree in fashion, while some just learn from experience. There are some fashion schools which offer courses in styling. Stylists should enjoy shopping. They should be detail-oriented. They should have an idea of different colors and shades, different body types and the fit of different materials. They should know what colors suit what skin tones and what material and style would enhance what body type.

They should love to experiment and should have the ability to present traditional things in unusual and trendy ways. They should be able to bring out the best in their client. Over and above this, they should have excellent interpersonal skills as they are required to interact with a number of people from models to lighting technicians and photographers. They need to maintain relationships with a large group of people. If you think it is exciting to work with models, experiment with accessories and garments and be paid to shop, think again. There is a downside to the job of a fashion stylist too.

First and foremost, fashion stylists usually work freelance and there is no job security involved. Of course, once stylists prove themselves and get established in the industry, they do not have to worry about this aspect. Initially, a stylist might have to work as an apprentice for an established stylist or work for free. Competition in the fashion industry is cut-throat and stylists have to make their own mark in order to succeed. The nature of the job entails working long and irregular hours. Working with celebrities who have a demanding schedule makes it difficult for stylists to plan for a social life or a holiday.

Moreover, there are other problems like putting up with the attitude of ‘stars’ and working around their schedule. The stylist has to go through a number of catalogues, fashion magazines and stores to be aware of the in things. In a world where trends change almost every day, this is a very hard task! In the midst of all this, the stylists themselves have to look good all the time and have a distinctive style of their own A stylist usually has to manage his or her business independently and handle various aspects such as keeping a record of various things, handling udgets, receiving and making payments, maintaining contacts and other administrative tasks. The work of a fashion stylist requires a lot of planning. Attention has to be paid to every minute detail. One of the biggest challenges faced by fashion stylists is building a balance between their own opinions and the client’s requirements. They should be neither too submissive nor too overbearing. They should be able to present their opinion in a way that does not offend the client. In spite of certain shortcomings, fashion styling is an exciting career option for people who love fashion.

More and more people are realizing the importance of overall image building in boosting self-confidence, which would in turn reflect on the person’s interaction with others. Thus, the number of people turning to fashion stylists is on the rise all over the world. Electric Ladyland is an online clothing store and looking for some exposure for our new lines. We specialize in Rock & Republic Jeans, True Religion, and much more. Our catalog moves fast and we have photo shoots every 2 weeks for the new lines. Posted by Adinda at 7:42 PM

Labels: electric lady land, jeans, kids fashion, men clothing ————————————————- Wednesday, April 18, 2007 Watch Trends As well as dictating how this years watches look, the traditional trend also affects how they function. Sekonda, Police, Accurist, and Rotary are all in on the action; Automatic movements are back in fashion, and no wonder an Automatic movement eliminates the need for a battery, as the watch is powered by the movements of the wearers arm. This seasons Guess collection will feature timepieces with a fly-back movement.

For a real touch of old-world appeal, try Citizens minute-repeater watch which chimes to audibly mark the time. Watch houses have wholeheartedly embraced the current return to traditional values. Jewellery has seen a real renaissance in vintage styles, and this trend is now moving into the world of watches. We love the old-fashioned, country gentleman charm of the watches coming out in 2007, with individual touches like skeleton faces, so that you can see your timepiece at work try Rotary for classic styles, or get something a bit more edgey from Police.

If you are really into the traditional look, you might even consider an eye-catching pocket watch. A diamond-set watch is a fabulous accessory; half jewellery, half timepiece. Everyones getting involved, including well-respected watch houses like Accurist, Citizen and Sekonda. Sekonda is offering two diamond-set watches this season, each featuring seven genuine gemstones. H. Samuel has two exclusive collections; one is from the fashionable high street brand Oasis and the other, Rotary Rocks, is a new collection of three stunning diamond-set watches from Rotary, a brand known for its distinctive combination of traditional and modern styling.

A diamond-set watch will give you the perfect combination of the unmistakable dazzle of diamonds, and the understated cool that shows you buy diamonds all the time. A diamond watch is a great gift for a friend too, and this summer theyre set to get affordable. Dont forget, that a sixtieth birthday or wedding anniversary is traditionally marked with a diamond, so this could be the prefect present. Its not enough for a watch to just look good these days; it has to feature the latest scientific processes too. Watches this summer are shiny, metallic beauties, created by ion-plating.

To achieve this, metal in a vapour is essentially fired at the watch and forms a strong layer around it. This gives a shimmering, metallic patina to the watch, transforming it from a functional piece of equipment to an individual accessory. Police is leading the way with this trend check out their striking timepieces. DKNY, Guess and Fossil are other big names with ion-plated watches in the works watch this space. As always, your guiding style star must be what suits you. Those of us blessed with slender, willowy wrists would look fabulous in elegant ewellery-inspired pieces by chic, ultra-feminine designers like Anne Klein. Try a delicate bangle watch, or a charm bracelet from Citizen with an adorable watch trinket attached. If you have heavy wrists, make the most of it with an equally robust timepiece. In recent years, Fossil has made a name for themselves with gorgeous chunky cuff watches, with tactile, worn leather straps for both men and women. They also specialise in unusual, funky designs which tap into the current trend for vintage style. If you ladies want to make a splash this summer, try going out wearing a gorgeous mens watch.

This look has the same charm and careful carelessness as a girl in her boyfriends shirt. Brands such as Diesel and Police design fantastic watches with unisex appeal; they look stylish and sophisticated on a guy, and striking and fashionably oversized on a girl. Red straps are huge for autumn/winter. Big or small, you need to get one of these on your wrist. These scarlet accessories are perfect to add a splash of colour to the smart monochrome outfits that are bang on trend this season. DKNY, as usual, are right at the front of this trend and remember that red straps are big news for both men and women.

As usual, you can count on Oasis to be right at the cutting edge, with eye-catching red straps available at affordable prices. Gold-plated watches just arent good enough any more. Its got to be pure, solid gold. There are three major brands in this area right now Accurist, Rotary and the specialist Sovereign. Again, these are perfect gifts treat someone special to a gold watch if you want to impress with understated style and remember that a fiftieth wedding anniversary is Golden, so why not mark the occasion with something special?

HIRSCH Artisanal leather watch bands are handcrafted – one by one, in a process consisting of more than 60 steps. Fine reptile leathers are punched, seams are sewn, varnish is carefully applied. The Classic Collection offers unique leather watch bracelets made in HIRSCH Rembordier Technology. All leather watchbands are Sauna-Tested and Water-Resistant. Some watch straps in the collection are even 100m Water-Resistant and are provided with the HIRSCH No Allergy System. The designs in the Bijou Series constist of matte or shiny metals, classical forms, elegant showpieces or modern combinations of different materials.

The HIRSCH Sparetube System allows to adjust the bracelet to the individual size. The Solo Collection stands for functional watch straps, clear forms and innovative materials proving that a sporty design is compatible with complete wearer comfort. Posted by Adinda at 10:00 PM Labels: watch ————————————————- Saturday, February 24, 2007 what celebrities and other fashionable people will be wearing this spring, plus trends to avoid Although temperatures dipped below freezing in parts of the country today, a peek in stores and on websites nationwide revealed that spring is definitely in the air.

It’s also most definitely on the minds of fashionable people everywhere, so start thinking about what looks are hot for spring and which ones will work for you. Whether you’re revamping your entire wardrobe or just reviving it with a few key pieces, here are the top trends that celebs, models and other A-listers are sporting this spring…plus a few trends that are so over you must avoid them at any cost. • Wide-leg jeans. After all the hoopla over the skin tight skinny styles, models and celebs like Halle Barry, Regina King, Penelope Cruz and Kate Moss are sporting a wider-legged style this spring.

assignment, you will perform a rhetorical analysis so that you can: Examine the strength of the claim for the audience and purpose; and Consider the strength of the argument for a different audience or purpose A rhetorical analysis is one way to pay close attention to how a text is pieced together. There are a number of ways to perform a rhetorical analysis. For this class, we are performing an analysis that helps us answer the questions: was the author successful in arguing the claim for the intended audience and purpose? The text that i chose for this assignmnet i have attached in the files, they are screenshots because i recently cancelled my membership with the publication.

Contains the specified parts of the assignment per the Rhetorical Analysis Notes Worksheet (which i have pasted below) At least 1200 words long (about 4 full pages or more) Presents the word count MLA formatting (page formatting and citations) MLA Works Cited page (in actual MLA format!!) Free of major grammatical and mechanical errors Consult the rubric below for grading criteria Rhetorical worksheet needed to structure assignment: Rhetorical Analysis Worksheet Instructions: This worksheet helps you create a detailed outline that will become your Rhetorical Analysis paper. This worksheet is OPTIONAL, but if you choose not to utilize it, you may not earn a badge on the Rhetorical Analysis. I. Introduction a. Present the title, author, brief summary of the text. b. Present the main claim of the text. c. Present a claim/thesis statement that: i. Answers the main question: Did the author achieve their purpose to the desired audience by presenting this claim in this way? ii. Outlines the rhetorical elements you will analyze in the paper. II. Body Paragraph One (element one) a. Define element. b. Present statement of effectiveness. c. Present evidence. d. Present analysis. III. Body Paragraph Two (element two) a. Define element. b. Present statement of effectiveness. c. Present evidence. d. Present analysis. IV. Body Paragraph Three (element three) a. Define element. b. Present statement of effectiveness. c. Present evidence. d. Present analysis. V. Explanation of Analysis a. Restate your main claim of analysis. b. Explain how the elements presented in the paper do/do not support your main analysis. VI. Conclusion a. Explain how an analysis of this text helps the reader understand THIS text in particular. b. Explain how an analysis of this text helps the reader understand texts in general. The elements you can discuss in the paper include the ones presented in the module through these questions:  Did the author choose an appropriate audience and publication to present this claim with this purpose?  Did the author choose the right time to publish the information? That is, can the author effectively achieve their purpose at this time?  Did the author present the claim with sufficient and appropriate data/evidence? (Of course, you have to define and defend what you mean by “appropriate” data). Did that data/evidence fulfill the audience’s expectations? (You would also have to determine what you think the audience would expect).  Did the author use language (sentence structure, word choice, tone) expected by the audience for the particular topic and publication?  Did the author’s choice of appeals create a strong argument? (ethos, pathos, logos — you can choose to analyze one or all).

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