Fashion

Paparazzi v. celebrities copyright lawsuits – the last American trend!

It is common to spot groups of paparazzi taking pictures at celebrities, fashion icons and influencers on the streets not only during fashion weeks and events, but also in their day-to-day lives. At the same time, it has become increasingly frequent in the United States for paparazzi to file copyright infringement lawsuits against celebrities for sharing those pictures on the Internet, i.e. on social media platforms, without the photographers’ “permission or consent” or without paying them any licence fee.

The latest to be sued by a paparazzi for copyright infringement is no less than Victoria Beckham, but the list includes both celebrities like Jennifer Lopez, Ariana Grande, Gigi and Bella Hadid and brands such as Marc Jacobs and Versace. In general, these cases tended to end with out-of-court settlements that led celebrities to pay steep monetary damages. This created a precedent and many other lawsuits, which are still pending, followed, in the last few months.

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Milan Fashion Week and Fashion Law Trends – Karl Lagerfeld’s heritage: who is going to award the rights on his image? Does the cat really take it all?

Last July, with “The Dawn of Romanity” haute couture show against the Colosseum backdrop, Fendi paid tribute to its longtime Creative Director Karl Lagerfeld, with 54 outfits to represent his 54-year tenure at the maison. But who owns the rights in the image of the recently deceased iconic fashion genius?

According to some leaks, the worldwide famous designer Karl Lagerfeld, before his death, would have left the entirety of his heritage to his beloved cat Choupette. This is not the first time a person decides to nominate his pet as the universal heir: from Countess Karlotta Liebenstein to Alexander McQueen, leaving everything (or a big portion of one’s assets) to a pet has become a sort of trend for many celebrities… But what are the legal consequences in relation to the rights of image of the celebrity according to the Italian law?

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Milan Fashion Week and Fashion Law Trends – Fashion and Parody: a trendy combo?

The retail and fashion sectors need to deal with new legal issues due to the adoption of IoT technologies as a consequence of the rapid digital revolution of the industry.

The “wave” of the Internet of Things is heavily impacting the retail sector leading to new legal issues that have never been experienced by most fashion brands, and in general retail companies.

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Milan Fashion Week and Fashion Law Trends – Can Artificial Intelligence create a style? The relationship between fashion and technology

As we already discovered in some of our previous articles, from 3D avatars to wardrobe advisers, passing through CGI and Robot IT girls, artificial intelligence (“AI”) is shaping our outfits and looks.

Indeed, AI is transforming the fashion industry in every element of its value chain and marketplace. In last years, all retail giants are using AI to improve the efficiency of sales systems and processes and to enhance clients’ shopping experience, offering a personalized service tailored on their interests and preferences.

Most of the biggest fashion houses – from H&M to Tommy Hilfiger – are now investing in algorithms that suggest styles to their customers.

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Milan Fashion Week and Fashion Law Trends – Does the Cofemel decision marks the end of “artistic value”?

As the Milan Fashion Week goes on in these days, we are eager to keep you updated with the very most recent fashion law topics and matters.

This time we speak about copyright after that on 12 September 2019, the CJEU issued the long-awaited decision on the Cofemel case C-683/17, which opens a new path for the copyright protection of designs in the EU and in Italy.

The case involved G-Star Raw CV and Cofemel – Sociedade de Vestuário SA, two companies active in the sector of clothing, including design, production and sale of materials. G-Star accused Cofemel of copying its designs related to jeans, sweatshirts and t-shirts products, claiming that its models constituted original intellectual creations qualified as “works” and protected under Portuguese Copyright Law. On the other side, Cofemel argued that such models could not be qualified as “works” and, hence, were not copyrightable.

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Milan Fashion Week and Fashion Law Trends –  Monograms: just letters or powerful trademarks?

By Elena Varese e Lara Mastrangelo The Milan Fashion Week has just started and from today we are glad to host for the second time some highlights on the major fashion law trends of this season. “A rose by any other name would smell as sweet” used to claim Juliet in the famous Shakespeare’s play, but would a Louis Vuitton bag without its legendary monogram – or with a slightly different one – be as fashionable? To be honest, the tragic end of Shakespeare’s story might suggest that names – like it or not – have a significant value. This …

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Milan Fashion Week and Fashion Law Trends – The never-ending saga of cultural appropriation in fashion

Over the last years we have witnessed extensive disapproval of the fashion world when dealing with collections or campaigns inspired by different cultures. As a fact, criticism on alleged cases of cultural appropriation has been rising to the stars throughout the years and does not seem to come to an end.

Generally speaking, cultural appropriation is defined as the unrecognized or inappropriate adoption of traditions, practices, ideas, etc. of one culture by members of another cultural, usually the latter being more dominant.

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Milan Fashion Week and Fashion Law Trends − New brand identity in the fashion industry: is the “sans-serification” the right move? 

In recent months many fashion companies have been restyling their brands by simplifying and minimizing their visual impact: big fashion industries are dropping unique fonts, words and design features − which until now have significantly contributed to differentiate their brands from their competitors’ ­− in favor of most popular and common fonts, such as sans-serif.

“Less is more”, we may say.

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Milan Fashion Week and Fashion Law Trends – Lil Miquela, Shudu, Bermuda and Sophia The Robot: CGI and Robot IT Girls Who Will Become the Influencers of the Future

There is a new crop of influencersin town and – read carefully – they are not real people.

Virtual influencers – influencers who are not human, but rather are CGI creations or robots – are the latest trend on social media. CGI stands for “computer-generated imagery” and it is a technology that creates pictures through the use of computers, now applied to create the new trend of virtual – but realistic – Instagram influencers and models.

In particular, the top 4 leading the group are Miquela Sousa, Bermuda, Shudu and Sophia the Robot.

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Milan Fashion Week and Fashion Law Trends: Sustainability and green claims

After that last September Lady Gaga walked the Venice Film Festival red carpet in a pink feathered Valentino gown, next season will be all about feathers. But where do feathers come from? Are they compliant with sustainability claims and animal welfare regulations?

Since consumers are increasingly sensitive towards sustainability problems and the ecological and ethical qualities of a product can influence the purchasing choices of the average consumer, the last trend in fashion is using materials and manufacturing processes that respect the environment and local communities, along with animal welfare and working conditions. During last Milan Fashion Week, the whole fashion system met at the Green Carpet Fashion Awards launched in 2017 to celebrate the commitment of luxury fashion houses to sustainability. Ex Spice Girl, now fashion designer Victoria Beckham announced that she will stop use of exotic leathers from A/W 2019 collection of her fashion brand, already fur free. The global sportswear brand Adidas committed to using only recycled plastic by 2024. Just yesterday the French luxury group LVMH launched the first standard for responsible crocodile leather sourcing across three pilot farms.

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Milan Fashion Week and Fashion Law Trends: Use and protection of fashion archives

The Milan Fashion Week has just started and from today we are glad to host some highlights on the major fashion law trends of this season.

Heritage is one of the major assets a fashion company holds and the ultimate tendency of this Fashion Week is to revamp old creations from the maison’s archives.

Firstly, it should be assessed whether the fashion company can use its own archives. This seems to be a plain question, however, in practice, it could happen that, despite being the owner of the physical copies of sketches and preparatory works of certain garments or motifs, the company does not hold the IP rights over such creations of the past.

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The fight against counterfeiting continues: the first Counterfeit and Piracy Watch List is now out.

After the public consultation launched last January, on 7 December 2018, the European Commission (EC) published the first Counterfeit and Piracy Watch List, which provides examples of reported marketplaces or service providers located outside the EU and engaged in counterfeiting and piracy.

Such Watch List was highly expected by right holders and represents the last measure adopted by the EC against infringers, after the Overview of the functioning of the Memorandum of Understanding on the sale of counterfeit goods via the internet (MoU) in 2016 and the Guidelines for online platforms to tackle illegal content in 2017.

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Artificial intelligence and fashion: between innovation and creativity

At the beginning of the year, in our fashion predictions we put artificial intelligence (“AI”) at the top of the fashion agenda and ‒ yes, no magic sphere needed! ‒ we were actually right.

Technology has had a huge impact on the fashion industry and in the last year all the retail giants took an algorithmic approach to fashion. After Amazon’s Echo Look app which gives feedback or recommendations on your outfits and Zara’s interactive fitting rooms, with mirrors recognizing the clothes that you are wearing and suggesting others to match them based on style, color and mood, also Yoox explored the potential of AI.

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Fashion runways and right of panorama: a trendy combo!

The fashion month is over and – besides fringes and feathers – artistic monuments and museums have played a big role on the stage! From the Louvre Museum for Louis Vuitton, the Tour Eiffel for Yves Saint Lauren, the Palais de Justice for Givenchy and Le Palace Theatre for Gucci, fashion houses continue to choose iconic monuments of the relevant cities for their catwalks. We already talked here on the possible ways to protect fashion shows per se, but which rights on the monuments chosen for their set?