Fashion Law - Practice Overview
Fashion law (also known as apparel law) is an emerging
legal specialty that encompasses the legal issues surrounding the life of a
garment, from conception to brand protection.
Fashion lawyers advise clients on legal issues facing the
fashion, textile, apparel, luxury, footwear, jewelry and cosmetics industries.
These issues run the gamut from licensing, merchandising, distribution and
franchising agreements to intellectual property, employment and labor relation
issues to safety, sustainability and consumer protection issues. Various
aspects of corporate, real estate, tax and business law also come into play.
Fashion lawyers perform a broad range of duties from
drafting and negotiating contracts; addressing and litigating trademark,
copyright and other intellectual property issues; forming and dissolving
business entities; advising on branding development and protection; and
consulting on design protection, import-export, licensing and other issues.
Fashion law clients include designers, fashion houses,
distributors, manufacturers, modeling agencies, retailers and photographers.
Why Fashion Law is Growing
Fashion law is an emerging area of law that is just
beginning to be recognized as a distinct practice specialty. The Internet age
has exacerbated many of the legal issues that designers and fashion companies
encounter, fueling the necessity for fashion-specific legal advice and
protection. For example, design piracy and copycat litigation have grown in
recent years, prompting new legislation that provides legal protection for
fashion designs. In August 2010, New York Senator Charles Schumer introduced
the Innovative Design Protection and Piracy Protection Act which aims to
protect designs deemed to be "unique" and "original", and,
if passed, will apply to apparel, footwear, and accessories.
How to Break In
Although it is growing, fashion law is a unique and rare
specialty and few law firms specialize in this area. Taking courses in fashion
law, intellectual property, business and finance, international trade,
government regulation, and consumer culture can provide a foundation that may
boost your chances of employment in this specialty.
Volunteering to assist in providing pro bono legal
services to the fashion community is another way to gain contacts and related
experience. Alternatively, you can intern with a law firm that specializes in
fashion law or works with fashion clients.
Networking, getting to know the players in the fashion
law area (it's a small circle) and finding a mentor can also help you break
into the field of fashion law.
