Fashion Business Club

Leading business law firm Mishcon de Reya (MDR) in partnership with Fashion Press Week (FPW) is offering Fashion Business Club (FBC) members an incredible opportunity to showcase their AW 11 collections to a host of UK press across a two-day event as well as winning a year’s mentoring from fashion and media experts.

This incredible opportunity cements MdR’s commitment to supporting up and coming fashion designers and offers FBC members the chance to showcase their collections free of charge in the MdR space. Fashion Press Week will be taking place in May 2011 at One Marylebone, London and will preview a variety of high street, designer brands, boutiques, emerging talent and industry favourites. Press across fashion, consumer, lifestyle and trade media are set to attend.

For the second season running, MdR will be sponsoring an area at the event supporting emerging talent and ethical brands. To help choose the best up and coming talent, MdR has recruited a panel of industry aficionados ranging from designers and journalists to business mentors who will pick the brands who will show in the area and select one overall designer to win two mentoring sessions across the next twelve months. Our elite panel includes the following fashion, media and business experts:

Lauretta Roberts, Creative Director, WGSN Boutique– providing editorial direction and assistance editing collections for media

Alison Whelan, Co-Founder of Fashion Business Club – providing a gateway to the most elite fashion business network

Sara Berman, Fashion Designer – providing expert industry advice on running a fashion label

Suzy Socker, Managing Director, Fearnhurst PR – providing strategic PR counsel on maximising your editorial presence

Helen Croft, Legal Director, Mishcon de Reya – providing legal guidance on running a business

To qualify for a space within the gallery, designers must fit into one of two categories: Fashion Discovered and Fashion Fair. Fashion Discovered will be dedicated to celebrating fresh talent from the UK who have been trading for a minimum of two years whilst Fashion Fair will showcase the UK’s most fashionable, ethical brands.

For more details please contact Suzy Socker at Fearnhurst PR on 020 7317 2783 / suzy@fh-pr.com

As many FBC Members have probably experienced, finding the perfect pair of jeans can prove to be an elusive and time consuming experience.  The jeans market is highly competitive and using a stitched pattern on the back pockets is a common way for jeans manufacturers to increase brand awareness and distinguish themselves from their rivals.

The oldest jean manufacturer Levi Strauss registered its stitched arch pattern called “Arcuate” (see below) as a US trade mark during the Second World War.

Levi Strauss’s “Arcuate” design

Since then it has gone on to register many other trade marks for its stitched pocket design, both in the US and around the world.

In 2006, Abercrombie & Fitch started adding a stitched design called “Ruehl” to the back pockets of its jeans.  The Ruehl design sits lower on the pocket than Levi Strauss’s Arcuate design:

Abercrombie & Fitch “Ruehl” design

In a case brought in the US courts in 2007 Levi Strauss sued Abercrombie under the Trademark Dilution Revision Act of 2006 (TDRA) claiming that its trade mark for the Arcuate design was being diluted by Abercrombie’s Ruehl stitched design.

At trial Levi Strauss relied on a “confusion” survey which shows that approximately 30% of people surveyed had wrongly identified Abercrombie’s Ruehl design as the Arcuate design.  Abercrombie argued that the survey was flawed and that the trade marks had to be identical for Levi Strauss to be successful in arguing that its mark had been diluted.  The jury had agreed with Abercrombie and found that Levi’s trade mark was not diluted because the two designs were not similar enough.

Last month US appeal court the 9th Circuit reversed the trial court decision, concluding that this was the wrong standard under which to judge the designs.

It held that under the TDRA it is not a requirement that the claimant shows that a junior mark is identical, nearly identical or substantially similar to the senior mark.  Instead he must show that the junior mark is likely to impair the distinctiveness of the famous mark.  The case will now go back for a further round of litigation at trial court level, where that court will apply the correct standard for assessing dilution under the TDRA.

The case is a useful reminder to fashion designers and manufacturers that where clothing contains designs – even only on parts of the clothing such as a pocket – it may be possible under US and European trade mark law to protect that design as a registered trade mark.  The registered trade mark can then (depending on the trade mark laws in the relevant country) be used to stop competitors using designs which are damaging to their registered trade marks.

For more information on how IP rights can be used to protect businesses operating in the fashion sector please contact Tamar Shafran at tamar.shafran@rpc.co.uk.

FBC member Tamar Shafran is an Associate at City law firm Reynolds Porter Chamberlain LLP

FBC members may recall my previous post on the lawsuit filed by UGG Australia against Emu Australia for using “Ugg” on Emu sheepskin boots.
It has kindly been brought to my attention that Emu Australia has countersued and filed a lawsuit against Deckers Outdoor Corporation alleging that Deckers’ trade mark for “Ugg” was obtained after a false statement made to the US Patent and Trademark office and is therefore invalid.

"An Emu!"

If Emu Australia is successful then Deckers could lose all of its trade marks in the US for the word “ugg”.

Deckers should not be surprised that it has been countersued by Emu Australia.  Its a common tactic for an alleged trade mark infringer to defend itself by attacking the trade mark as being invalid and that as a result there has been no infringement.

In a public notice on 30 December 2010, owner of Emu Australia, Paul Neate said “Decker’s [sic] aggressively marketed their “ugg” – Australia [sic] and many consumers are unaware of the fact that UGG Australia is in fact American owned and based.  There is a lot more to be told about the history of the word  “ugg”, not only in Australia and Asia but also in the USA, Canada and in the UK and Europe.  “We believe in time the courts will come to hear the truth in different jurisdictions and will hand down decisions that make this history clearer for all concerned”.

It remains to be seen how Deckers will respond to the serious allegation that it made a false statement to obtain its trade mark.

For more information on how IP rights can be used to protect businesses operating in the fashion sector please contact Tamar Shafran at tamar.shafran@rpc.co.uk.

FBC member Tamar Shafran is an Associate at City law firm Reynolds Porter Chamberlain LLP.

With the current arctic conditions hitting the UK and winter 2010/2011 on track to be one of the coldest since records began, warm ugg boots are a guilty pleasure for many fashion- conscious feet.

Last week, American company UGG Australia filed a lawsuit against competitor, Emu, for their use of the “UGG” registered trade mark on Emu sheepskin boots.  This is not the first courtroom fight involving Emu in the USA – Deckers Outdoor Corporation, who own UGG Australia, has previously sued Emu Australia in the Californian courts for describing their products as “ugg boots” on  the Emu US website.

In defence of the most recent lawsuit, Emu argues that “UGG” is a generic word used in Australia, meaning “sheepskin boots”.  This is irrelevant here, as the key question is whether the term “UGG” is generic in the US.  If it is generic, then in common with other countries such as Australia, trade mark protection will not apply.

It may seem strange that Deckers/UGG Australia are not relying on design rights as well as trade marks to stop rip-offs.  After all, it is the shape, style and colour of the boot as well as the term “UGG” that they are looking to protect.  This is likely to be because basic designs are not protectable in the US.  If the case was being heard in the UK Deckers/UGG Australia would also be unable to rely on design rights as under UK law designs must be new and original.  Trade marks are easier to obtain as there is no originality requirement.

Protecting designs through trade marks can therefore offer an alternative means of protection against rip offs, where the rip-off uses a trade mark protected term or logo.  Deckers/UGG Australia rely on their registered trade marks, having registered the UGG trade mark in more than 100 countries worldwide.

Turning back to consider the most recent lawsuit filed in the US, Deckers has a good track record in the US courtroom.  In 2005 it was successful in the Californian courts in arguing that the UGG trade mark was not generic.  As the strength of the brand has continued to grow since then, it would be surprising if the US court holds “UGG” to be a generic term.

For more information on how IP rights can be used to protect businesses operating in the fashion sector please contact Tamar Shafran at tamar.shafran@rpc.co.uk.

FBC member Tamar Shafran is an Associate at City law firm Reynolds Porter Chamberlain LLP.

If you’re heading to New York for Fashion Week, be sure to shack up with the Morgans Hotel Group through their Fashion Program New York City. London-based FBC member, Rachael Sardelich and her colleagues across the pond are offering preferred rates at their three New York properties, including breakfast:  Hudson (from $199), Morgans (from $249) and Royalton (from $269).

For details visit: Morgans Hotel Group

It’s been whispered around Twitter and exclusively announced by Leon Bailey-Green’s Online Fashion Agency, and we can officially confirm, FBC has a new website!

FBC’s members and brand importance have grown remarkably since first launching in 2006. This growth needed to be reflected through the FBC website, a task Urban Aesthetics alongside FBC co-founders and co-chairs Alison Whelan and Courtney Blackman, have succeeded in doing.

The first FBC website launched in 2006, three months after the club was founded. FBC’s dynamic online presence resulted in frequent advertising requests, whilst the popularity of FBCtv became a pressing topic, creating a need for FBC’s archive of unique media to be showcased on an adequate platform.  FBC co-founder and co-chair Alison Whelan says, “In the intervening years Courtney has become a technical wizard and I’ve focused my efforts on film and the identity of FBC – this website is the culmination of all our talents – and I hope the FBC team and members love it as much as we do.”

Co-founder & co-chair Courtney Blackman adds, “I love our new site. Alison and the boys at Urban Aesthetics have done an incredible job capturing the very essence of FBC. It truly is a piece of digital hotness.”

The updated site is visually rich featuring images from FBC events documenting the club’s voyage, an integrated archive of FBCtv films and the ability to commercialise the site with room for advertising banners, and pop-ups amongst many other surprises.

Jake Hardy, managing director of Urban Aesthetics and FBC’s “web guy” says, “I’m delighted with the results of the Fashion Business Club website. The site embodies the ethos of the FBC founders and its members – creativity, style and forward thinking.”

Let us know what you think!

Darren Spurling, Managing Director, Terry de Havilland

FBC talks to member, Darren Spurling, MD of rock ‘n’ roll cobbler, Terry de Havilland (TDH) and the company’s recent win of the Drapers Lifetime Achievement Award.

How long have you been at Terry de Havilland and what did you do before?

I started speaking to Terry and Liz de Havilland at the end of 2008. I was amazed and impressed by the amount of goodwill towards the brand name and the opportunity there was with the brand. So after a couple of months I invested in the brand and along with Simon Bentley we set up a new company with Terry and Liz to develop the label. Prior to this I have been consulting on a number of new start ups in the UK and was the managing director of the O Neill brand.

What is a typical day like for the managing director of a renowned show brand?

It really does vary from day to day. Terry and Liz are responsible for everything creative and whilst I may have a view on product they are clear on what the brand stands for and drive this forward. I would not even attempt to provide too much advice! Our initial focus was to make the TDH brand known to a wider audience by developing press coverage and getting in place the ready to wear line. The creative stage of any new line is the most important but we also have to be able to produce and deliver perfect product on time and this is very much what I am focusing on right now. I also speak a lot to our worldwide licensee LXY Brands on the ready to wear line and international development. Today is a ‘trademark’ day as we continue our registration of the brand into new markets.

Congratulations on the recent Lifetime Achievement Award from Drapers. What does this mean for the label? Have sales increased? Have you had more wholesale enquiries?

The award is a personal award for Terry and the 50 years he has spent creating fantastic shoes. It obviously raises his profile and this is good for TDH. We have had coverage in the States and China as a result so it is very welcome. In terms of the impact on sales, we have had an increase in couture enquiries as a result and I expect buyers will be much more responsive to the new summer 2011 collection.

You’ve recently launched your ready-to-wear collection. Tell us a bit about it.

Terry has a number of classic shoes that are almost timeless and the new collection has a focus on taking these classics forward. Everyone should have a Terry wedge in their wardrobe! As well as the wedge line, there are surprises in the line whilst ensuring each shoe has the Terry handwriting. I do not want to say too much more until it is launched at the end of this month.

What advice would you offer any of our members starting out in business?

With any new fashion business the early decisions on the collection and distribution are so important. Where you plant those early seeds will have an impact on the brand in the future so know your market and avoid too many compromises early on. Do what your good at and known for and try not to chase too many new directions early on. It’s much better to be exceptional at a few things than average in many. Average does not pay today.

How does being part of FBC have a positive affect on your business?

The opportunity to meet people both in the business for a long time and those starting out is great and all advice is worth listening too. The interviews every other month with leading business people are great to see how they have achieved success. It helps us to avoid any mistakes they made early on.

And finally where can our FBC members find your shoes?

Our couture made-to-order shoes can be ordered by giving Liz de Havilland a call at our studio on 020 7254 4445 or check our the website www.terrydehavilland.com. Our ready to wear line is in the shops from the end of this year and will be on line in the next few weeks.

Seven FBC members made the final list of Leon Bailey-Green’s Online Fashion 100 – a guide devised to take people behind the scenes of online fashion world. “…buyers, bloggers, directors, entrepreneurs, editors, investors, politicians and even celebrities” form the list of people that influence the business of the online fashion sphere.

Leon was joined by a panel of experts: Brent Hoberman, Hilary Alexander, Kate Russell and Denize Hewitt, and the following are the FBC members on the list, in alphabetical order, not ranking: Courtney Blackman, Frances Card, Sarah Curran, Malika Dalamal, Disneyrollergirl, Michaela Jedinak, Lauretta Roberts. Congratulations!

See the full list here: Online Fashion 100 2010/11 Edition

Lauretta Roberts at WGSN

FBC member and digital development director of WGSN, Lauretta Roberts has launched the Global Fashion Awards and FBC finds out more:

Tell us about the Global Fashion Awards.

They’re the first awards to recognise innovation in fashion across all disciplines and across all geographies. We have categories ranging from influential designers through to best visual merchandising and marketing campaign. It really is open to all from the high end to the high street from New York to New South Wales!

There are 16 categories in total and our judging list contains some of the biggest names in fashion globally as well as some fantastic up and coming talent. There are names such as Saks, Selfridges, Macy’s, Gap, Myer and Banana Republic from retail, designers such as John Rocha, Nicole Fahri, John Bartlett, Albertus Swanpoel and Tracy Reese, as well as Mawi Keivom and Nicholas King. And of course we have great industry figures such as Fern Mallis who established New York Fashion Week and the wonderful fellow FBC member Harold Tillman CBE from the British Fashion Council. That’s just scratching the surface; there are plenty more.

It’s just great to unite the industry in this way and the response has been so warm – we’re delighted!

FBC members Lauretta Roberts & Harold Tillman CBE

What is your involvement in the Awards?

Well, it was kind of my idea; I floated it past our very dynamic CEO Susanna Kempe one day and the next thing I get an email instructing me to get on with it. It’s a collaboration here at Emap between WGSN and Emap Networks, which runs our conferences and events such as the World Retail Awards so they are perfectly placed to realise this event for us. My role is to control content – so I conceived the categories and criteria and helped secure judges (though I have to give due credit to our amazing event producer Martin Fearnley who just hit the phones and secured us some fantastic names – he’s been a godsend!).

I’ll oversee the judging process and will also encourage those companies and we really feel require recognition to take part. Am also working on – again with Martin – striking up some media partnerships globally.

Why did you set it up?

Because there seemed a big hole there to me and I felt that WGSN being the world’s leading trend and style forecaster was in the best position to fill it. I can’t think of another organisation with the global reach and influence across fashion design, buying and retail who could credibly do this. But I am somewhat biased! There are some fantastic awards that celebrate success regionally or in specific areas such as design but none that do it on a global scale in this increasingly global business.

Why are Awards such as this important to the industry?

Because they recognise innovation and those who propel the industry forward and they shine a spotlight on true talent. Clearly people agree as within 24 hours of our site going live we have more than 70 entries. It goes to show that the appetite is there for an event like this. I do think it’s the uniting of the industry from a global and sector perspective that has been so appealing. And who wouldn’t want to get in front of those judges?!

How can FBC members get involved?

Enter! These awards are open to businesses large and small so check out the categories and have a go. Also there are nomination only categories such as the most influential designers and the global style icon and they can put forward their favourites free of charge. For the larger businesses, we have many attractive sponsorship opportunities.

If anyone has any ideas of how they would like to be involved they can drop me a line, I’m interested to hear. We really want as many people as possible to join in the celebration!

www.globalfashionawards.com

Thinking about doing a show in New York? FBC member and fashion account director for the Sanderson and St. Martins Lane (Morgans Hotel Group), Rachael Sardelich would like to help.

At Hudson is a Morgan’s Original and is a new multi-level event space near Lincoln Center and Central Park in New York City.

The 6,000 square feet of space can hold up to 700 people, has concert-grade sound and all sorts of other options.

Contact Rachael for more details: rachael.sardelich@morganshotelgroup.com