Archive for the 'Defining 'Classics'' Category

Fashion Insiders Jump on Alternative Status Bandwagon of Indigenous Craft

by @ Sunday, July 11th, 2010. Filed under 'Irresistible' sells fashion, Aesthetics and Meaning, Anti-Corporate Sentiment, Aspiration, Business of Fashion, Celebrity Factor, Defining 'Classics', Fashion as Code, Functional Fashion, Future Classics, Looks that Last, New Luxury for 21st Century, Novelty, Quality, Tastemakers, Trend cycles, handmade revolution

Mochila bags featured in NY Times

Mochila bags featured in NY Times' "Mochila Bags: In the Moment, and Long Gone"

Apparently the latest ‘It Bag’ fought over by ‘It Girls’ isn’t coming from the usual logo ladened corporate conglomerates.

It takes the women of the Wayuu tribe of Colombia and Venezuela up to a month to weave a mochila bag, working eight hours a day, every day. It took no time at all for J. Crew, which featured the strappy satchels in its June catalog, to sell all of them. In fact, they were gone before many customers had even flipped open the issue.

But however wonderful it might seem to be supporting ancient indigenous artisanal craft,  what happens to this new mini industry once the fashionistas abandon these for the next big trend? Karin Nelson writes for the NY Times:

Recently, the mochila has become something of a cult item, toted around town by fashion editors and It girls, and the subject of chatter on style blogs. “It seems to be the iconic tribal bag,” said Anne Slowey, the fashion news director of Elle, who has picked up a few on her travels. “The perfect mix of practical, exotic and chic.”

The PR folks at J. Crew offer the following explanation for the bag’s popularity.

“Craftsmanship is something rare and very valuable,” said Jenna Lyons, J. Crew’s creative director, who was not at all surprised by how quickly the bags went. “There are few things that are still made by hand, much less in a technique that is handed down through generations and is a means of support for a community.” On top of that, she added, “It’s a beautiful bag.”

It’s not entirely untrue, of course, but completely neglects the obvious fact that these amazingly crafted items have been around since long before J. Crew… why now are they all of a sudden so hot? Nelson writes:

Much of the craze can be traced to November when the Vogue editor Lauren Santo Domingo organized the Mochila Project. For it, 40 designers, from Alexander Wang to Oscar de la Renta, were each given a traditional bag and asked to rework it in their own style. The extraordinary results — the Calvin Klein was trimmed in snakeskin; the J. Mendel, in fur — were then auctioned off at a charity event in Miami that left those nowhere near South Florida somewhat envious.

Ah yes, the real truth. Craftsmanship is one thing, but when the fashion cabal creates an elite insider event, carrying around the signifier that marks you as in the know? That’s what the ‘It Girls’ will shell out the big bucks for.

And who knows, given the shift away from corporate symbols and towards the status of individual quality crafts, perhaps some entrepreneur might find a way to enlist the work of of the Wayuu tribe into the next great thing.

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The End of Trends or Just a Backlash?

by @ Monday, March 8th, 2010. Filed under Aesthetics and Meaning, Anti-Corporate Sentiment, Anti-fashion, Basics, Blumer's Theory of Collective Selection, Celebrity Factor, Chic Pauvre, Commodification of Rebellion, Consumerism, Defining 'Classics', Functional Fashion, Future Classics, Looks that Last, New Luxury for 21st Century, Popularity of Vintage, Post-Modern Nomad, Recycling Fashion, Secondhand Supply Chain, Source of Influence, Stealth Wealth, Trend cycles, Value of a Garment

When Simon Doonan, Creative Director of Barney’s, (one of the handful places where fashion forward designers have access to the rare slice of edgy yet wealthy clientele that can afford their pieces), the extremely influential guy who the rest of the fashion industry knows to pay attention to… when Simon Doonan declares The Death of Trends then it’s a zeitgeist shift worth pondering. There are still going to be shapes and norms that we collectively select (whether you follow them or rebel against them) but I see this as more of a backlash against the accelerated cycle of the spending on disposable clothing hamster wheel and a coalescing around an iconic vocabulary of modernist elements; classics that are tweaked and revised with the times.

photo by Roxanna Lowit for the Jewish Daily Forward

photo by Roxanna Lowit for the Jewish Daily Forward

Doonan writes for the Observer:

Fashion is no longer icy and aloof. Fashion is a massive, forgiving, ambiguous melting pot where people and trends can dig in their Lee Press-On nails and hang on for years and years without ever being out.

He goes on to list a few examples:

Uggs. Style pundits may have broadcast their out-ness for years, but last week’s snowy streets were packed with Uggs-sporting fashion plates.

There is a delicious personal irony in this example given that back in 2004 Uggs were cited in a lengthy discussion in Fashion Theory class as an example of trendy for trendy’s sake. Even though this trend might have been initiated by celebrity sitings, (so awesome to slip on between takes on outdoor shoots) could it be that they’ve had staying power because those who bought them discovered they were super comfortable and well made and lasted forever?

Skinny jeans. Despite their supposed out-ness, they have managed to become a fashion staple, especially when tucked into riding boots. Tally ho!

Key term, “Fashion Staple.” So they became ‘in’ a few years ago as the bootcut finally reached mass market saturation, but could it be that one fashion staple was traded in for another? Could it be that people want fashion staples?

Filson

Filson clothing, used as an example of 'American Workwear' trend on brand consultancy blog "We Are The Market"

Of course, now that the skinny jean is headed for eventual  mass market saturation, it will eventually go the way of the mom jean (which has been ‘out’ almost long enough to be revived…), so it’s not as if the trend cycle is no longer. But given that ‘fast fashion’ retailing cycles had accelerated to the point of new trends every six weeks, could it be that more and more consumers are weary of this and seeking alternatives?

These alternatives - especially to spending too much - have been found for the past few decades in the ‘indie’ and ‘alternative’ subcultures continued fascination with vintage. As these ‘trends’ arise in the vintage industry about which items are hot and eagerly sought after, it was a natural progression for designers to use said items as inspiration for re-issues.

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Cherishing the Extraordinary Everyday Things; The Steampunk Guide to Shopping

by @ Wednesday, February 3rd, 2010. Filed under Aesthetics and Meaning, Anti-Corporate Sentiment, Anti-fashion, Aspiration, Basics, Consumer Confessions, Consumerism, DIY culture, Defining 'Classics', Functional Fashion, Future Classics, Getting it Right, Looks that Last, New Luxury for 21st Century, Post-Modern Nomad, Quality, Stealth Wealth, handmade revolution

Wordsworth Boot in Moss Green - John Fluevog

Wordsworth Boot in Moss Green - John Fluevog, from Libby's Steampunk Gift Guide at Steampunkworkshop.com. Someone buy these for me! *covet*

For buyers, designers, retailers and marketers wondering what the new face of consumption might look like in a post meltdown economy, Jake von Slatt and Bruce Sterling offer a vision of steampunk philosophy so eloquently stated I had to include it in its entirety. It’s a challenge to voluntary simplicity, which he claims as boring. And can be a lot of work. (no kidding!) The steampunk philosophy allows us to embrace and enjoy and even spend a lot of money on beautifully functional well crafted things things in our daily lives. What is disdained is the excessive, the filler, the junk, the disposable.

I stumbled upon this on the Steampunk workshop site:

The definition of steampunk is still a fluid and flexible thing, and that’s exactly how I like it.  When we talk about what steampunk is we talk in generalities and we leave a lot open for interpretation and thus creativity. But there are some memes in steampunk which are recurring. One of those is the rejection of a disposable economy, a belief that there is value in the finely made, and that participation in today’s race to the bottom, to the lowest price, to quantity over quality, is ultimately injurious.

Bruce Sterling (a steampunk icon in his own right) wrote about the value of fine things in his Last Veridian Note:

It’s not bad to own fine things that you like. What you need are things that you GENUINELY like. Things that you cherish, that enhance your existence in the world. The rest is dross.

Do not “economize.” Please. That is not the point. The economy is clearly insane. Even its champions are terrified by it now. It’s melting the North Pole. So “economization” is not your friend. Cheapness can be value-less. Voluntary simplicity is, furthermore, boring. Less can become too much work.

The items that you use incessantly, the items you employ every day, the normal, boring goods that don’t seem luxurious or romantic: these are the critical ones. They are truly central. The everyday object is the monarch of all objects. It’s in your time most, it’s in your space most. It is “where it is at,” and it is “what is going on.”

It takes a while to get this through your head, because it’s the opposite of the legendary of shopping. However: the things that you use every day should be the best-designed things you can get. For instance, you cannot possibly spend too much money on a bed – (assuming you have a regular bed, which in point of fact I do not). You’re spending a third of your lifetime in a bed. Your bed might be sagging, ugly, groaning and infested with dust mites, because you are used to that situation and cannot see it. That calamity might escape your conscious notice. See it. Replace it.

Get excellent tools and appliances. Not a hundred bad, cheap, easy ones. Get the genuinely good ones. Work at it. Pay some attention here, do not neglect the issue by imagining yourself to be serenely “non-materialistic.” There is nothing more “materialistic” than doing the same household job five times because your tools suck. Do not allow yourself to be trapped in time-sucking black holes of mechanical dysfunction. That is not civilized.

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High End Vintage Increasingly Desirable and Inaccessible

by @ Monday, January 18th, 2010. Filed under Aspiration, Celebrity Factor, Defining 'Classics', Exclusion, Looks that Last, New Luxury for 21st Century, Popularity of Vintage, Quality, Recycling Fashion, Secondhand Supply Chain, Status, Value of a Garment

'Lily et Cie' interior from coolspotters.com

'Lily et Cie' interior from coolspotters.com

Cintra Wilson’s description of the icy snobbery at Lily et Cie in Beverly Hills, is yet another indicator of how vintage clothing continues to increase in value and status while serving as an iconic vocabulary of 20th century sartorial elements to be continually referenced and recombined by modern designers. The inaccessibility to the masses - in both attitude and price - supports the notion of a new definition of luxury for the 21st century:

As luxury seeks to redefine itself in the wake of the conglomerate takeover pandemic, there is, in certain (rich) circles, an increased demand for swanky vintage couture, the rarity of which essentially guarantees that when you sashay down the red carpet, there is no way in tarnation you will be wearing the same dress as Kim Kardashian.

…Even for a Teflon robo-cobra like me who has spent enough time in high-end establishments to have retail nerves like bridge cables, it’s a little hard to breathe in this joint.

It struck me, after my escape, why Lily et Cie has a half-million pieces: Ms. Watnick isn’t selling her formidable collection so much as hoarding it. One senses that she looks upon this mountain of untouchable fashion as her children and is loath to see any of them go.

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Boys Dress Up, Girls Dress Tough

by @ Tuesday, January 5th, 2010. Filed under Aesthetics and Meaning, Anti-fashion, Chic Pauvre, Commodification of Rebellion, Consumer Crunch, Defining 'Classics', Economic Climate, Functional Fashion, Future Classics, Gender, Generation Gap, Looks that Last, New Luxury for 21st Century, Quality

Leather for women becomes mainstream everyday wear while young men rebel against their parent’s generation by… wearing a jacket and tie?

http://crossanda.blogspot.com/2008/07/look-of-week.html

http://crossanda.blogspot.com/2008/07/look-of-week.html

Two NY Times articles side by side offer a telling glimpse not only into the generation gap, but into shifting gender roles as well. From David Coleman’s Dressing for Success, Again:

“Today the well-off 55-year-old is likely to be the worst-dressed man in the room, wearing a saggy T-shirt and jeans. The cash-poor 25-year-old is in a natty sport coat and skinny tie bought at Topman for a song. Young men are embracing the “Mad Men” elements of style in a way that the older men never did, still don’t and just won’t. The result is a kind of rift emerging between the generation of men in their 20s and 30s and those in their late 40s and 50s for whom a suit was not merely square but cubed, and caring about how one looked was effeminate….

Between those schlubby baby boomer guys delaying retirement, the fact that Gen Y twentysomethings are the largest demographic group in history and thanks to the successes of feminism young men also have to compete for jobs with their female counterparts in a way their fathers never imagined, the boys motivated to make it in this economic climate have to use every tool they can to distinguish themselves and get ahead.

But what are the girls up to? Ruth la Ferla writes,

Hermes Fall 09 from Style.com

Hermes Fall 09 from Style.com

A disdain for such sweetly conventional trappings of sex appeal has trickled down of late from tastemakers like Ms. Watson to scores of followers who are swapping their baby-doll dresses, spindly heels and lace for the flinty attractions of studs and leather, mannish jackets and rock-star jeans. Their embrace of a pointedly aggressive, street-smart style suggests that the more adventurous are rethinking the tenets of female allure.

Hallelujah! I’m having a flashback to my teenage years,

Women now want to project a “more powerful sexuality, not a damsel in distress,” said Sharon Graubard, a senior executive with Stylesight, a trend forecasting firm in New York. The look, streamlined and armored for tough times, reflects a distrust of trends and a skepticism toward traditional gender roles. Most tellingly, perhaps, it also represents a pragmatic response to a hobbled economy.

“So-called luxury — people are tired of it,” said Tatsugo Yoda, the owner of Aloha Rag, a fashionably progressive Honolulu boutique with a New York outpost. “They want more utilitarian pieces — military jackets, track pants and classic white shirts — that they can wear more than twice a year.” The look is assertive, Mr. Yoda said, but recognizable at the same time.

Actually, I’d like pieces that I can wear twice a week, and if my male counterparts can have it, why can’t I? As the propects of a banker boyfriends financing fussy fashion habits grow thin right along with jobs in the fashion industry, it’s not surprising that those still standing carry a survivalist chic aesthetic about them.

These notions of sexual allure can be traced to the utility gear adopted by self-styled survivalists, the funky regalia of old-school rockers, even the lingerie-and-leather of Parisian streetwalkers. More Patti Smith than Fergie, current variations on sultriness are thorny and faintly androgynous. These rebellious, antifashion messages, blunted over decades of exposure, have been picked up, inevitably, by the world of high style.

Today shapeless, and sometimes shredded, T-shirts, combat boots and aviator caps reminiscent of a Mad Max epic, are proliferating on runways, as are leggings, fatigues and bicycle shorts.

Of course, no talk of Mad Max survivalist style would be complete without a nod to Burning Man. But how interesting that while the girls are moving towards the rugged and shredded tough girl look, the boys are getting cleaned and pressed. These two phenomenon side by side also indicate to me another nail in the coffin of a world where modern young women could automatically assume that finding a man as a breadwinner was the rule and not an exception. Given that most of the jobs lost in this recession have been to men and thus women outnumber men in the workplace for the first time in history, young men have another reason to dress for success and it ain’t just in the office. Their dating pool might very well consist of women who are doing better financially than they are, and now it’s role reversal time - they’re the ones playing the looks card.

One thing both genders share is a rejection of disposable fashion. Back to Coleman:

“There’s a sense that this return to style, or to a consciousness of how you look, is an attempt by young men to recover a set of values that were at one point very much present in American society and then lost,” he said. “It strikes me as being of a piece with the way young people buy their coffee or their food: paying attention to authenticity or quality, and to whether something is organic or local. They stand for a rejection of the idea that all consumer goods are ephemeral and inevitably made in China and bought at Wal-Mart.””

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Legal Language Details of the Design Piracy Prohibition Act (DPPA)

by @ Sunday, August 2nd, 2009. Filed under Business of Fashion, Defining 'Classics', Defining Fashion, Design Piracy Prohibition Act, Knock offs, Making it as a designer, Silhouette, Source of Influence, Trend cycles, Underbelly of Fashion, Zeitgeist

There’s a lot of talk about whether or not copyright protection should be extended to fashion designs, and I’m concerned about the gap between the general, idealist vision about how designers, manufacturers and retailers should behave… versus what the reality would be if this bill were to become law. So I thought it would be helpful to pause and spend a post looking in to some of the relevant language and details. Because you don’t have to be a lawyer to know that in a court room, that’s what it’s all going to boil down to.

from Bertaut.com

from Bertaut.com

The Nixon Peabody law firm does a great job of explaining the act in their post, Legislation to extend copyright protection to fashion designs reintroduced in Congress and except where noted, all block quotes below are from their site, but the underlining is mine. (If you want to read the nitty gritty text of the DPPA amendment itself, it can be found here.)

If passed, the act would amend 17 U.S.C. §§ 1301, et seq., which governs copyright protection of vessel hull designs, to afford copyright protection to fashion designs embodied in, among other things, clothing, handbags, wallets, belts, footwear, headgear, and eyeglass frames.

Vessel hull? What does that have to do with anything? Well, the reason that fashion designs (as in the cut of a garment as opposed to the print of the fabric) haven’t been afforded copyrighted protection already is because they are considered a ‘useful article.’ So someone had to dig deep to find a reference of another useful article that is protected. Like a vessel hull.

But enough about vessels, what does the DPPA define as a ‘fashion design?’

As currently drafted, a “fashion design” constitutes the appearance of an article of apparel as a whole, including any ornamentation,

Marc Jacobs Fall 09 on style.com

Marc Jacobs Fall 09 on style.com's trend report "Party like it's 1983." Do you think these garments would be filed as 'original designs' by LVMH, the parent conglomerate?

Alright so we’re looking at the entire garment, not just a piece of it. so if someone came up with a particular sleeve detail no one had ever seen before - or copied something interesting from an obscure vintage piece and filed it with the copyright office as their own original design - and you had the same detail in your garment but the other parts and pieces were different… but wait…

…and specifically protects any original elements or the arrangement or placement of any elements incorporated in the overall appearance of the article of apparel.

So if you can’t prove that said clever sleeve detail was public domain, done before somewhere by someone else, and not an ‘original element’ (and not having access to the same exclusive vintage collections it might be a hard one to research) the designer - or company backing them - that filed the design would ‘own’ that sleeve detail. For three years. Just because they said it was theres first. And just like Levis, could hire dozens of detectives to scour the racks of the big stores to find things they deem ’substantially similar’ to file lawsuits against - but we’ll get to that part of the language in a bit.

But what if you, the designer, don’t claim any ‘original elements’ but do what designers do all the time - take shapes and proportions of collars, sleeves, waistbands, darts, pockets, etc - that are part of the shared design vocabulary and sit down in your studio and come up with a nice, wearable,  ‘classic with a twist’ garment? If it’s related to the current trend zeitgeist (and if you want it to sell then it probably is) chances are it looks somewhat similar to a lot of other garments currently in stores. But where is the line between somewhat similar and substantially similar? And how does the idea of a bunch of lawyers and random John Q. Public jurors off the streets making that determination sound to you?

The Marc Jacobs design above is reminiscent of Dynasty-style 80s wear, so can we expect to see black/silver lame jackets of this shape in stores everywhere? Probably. And I’d venture to guess that John Q. Public, especially if chosen for the jury because of his lack of fashion savvy, would probably notice the fabric as much as the shape in determining degrees of similarity.

The presence or absence of any particular color, or of any pictorial or graphic work imprinted on fabric, is not considered when determining the originality of the fashion design or similarity for the purposes of infringement.

Currently pictorial or graphic work is already protected, and the fabric used - including color - is not protected. So somehow we’re going to get John Q. Public to unconsider that element in his determination of degrees of similarity.

Under the act, it is an infringement to make, have made, import, sell, or distribute any article embodying a fashion design that was: (1) copied from a protected design, or an image of such design, without authorization; and (2) created with knowledge, or with reasonable grounds to know, that such design was protected.

This part is very important and is the basis for Kathleen Fasenella’s concerns she outlines in her Fashion Incubator post; the scenarios dismissed as hyperbolic by lawyers unfamiliar with the way garments get produced and distributed. As a trademark lawyer for the fashion industry once explained to me, she is able to get the big dollar judgements and/or settlements that pay her fees not by going after obscure no-name knock off labels, but the department stores who carry their lines. And what about that factory you contracted to sew your garments? Or even the sourcing company that found that contractor for you? (more…)

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Levi’s Lawyers are Bellwether Warning to Legal Intimidation Sure to Come with Passage of DPPA

by @ Saturday, August 1st, 2009. Filed under Business of Fashion, Defining 'Classics', Design Piracy Prohibition Act, Fashion as Code, Knock offs, Looks that Last, Making it as a designer, Source of Influence, Underbelly of Fashion, Value of a Garment

(Image from NY Times article cited in this post.) I could see some potential issue with the Karen Kane pocket or the Jones Apparel one, but those are off label mass brands that sell for less than Levis. The Jelessy, Von Dutch and Fossil examples are distinct, and those brands are positioned as more premium than Levis, not imitators trying to cash in on Levis brand equity

The past week has found me deep down the Google blog search rabbit hole weighing perspectives on the proposed Design Piracy Prohibition Act. Almost all who oppose the bill (myself included) voice a concern that the small, independent, struggling, up and coming designers this act purports to protect would in practice find themselves victim to a flurry of frivolous lawsuits in a climate of legal intimidation. Immediately my mind went to a January 2007 article in the NY Times, Levis Turns to Suing its Rivals, as a shining example of the type of activity sure to grow like a cancer on an already challenged industry if this bill were to become law.

So Levi’s is becoming a leader in a new arena: lawsuits. The company, once the undisputed king of denim and now a case study in missed opportunities, has emerged as the most litigious in the apparel industry when it comes to trademark infringement lawsuits, firing off nearly 100 against its competitors since 2001. That’s far more than General Motors, Walt Disney or Nike, according to an analysis by research firm Thomson West.

The legal scuffles offer a rare glimpse into the sharp-elbowed world of fashion, where the line between inspiration and imitation is razor thin. After all, clothing makers’ trade secrets are hung on store racks for all to see, and designs can be quickly copied with small changes to exploit a hot trend.

The lawsuits, which Levi’s says it is compelled to file to safeguard the defining features on its jeans, are not about the money — one settled for just $5,000 in damages. Instead, the company says, they are about removing copycats from stores. Nearly all the cases have settled out of court, with Levi’s smaller rivals agreeing to stop making the offending pants and to destroy unsold pairs.

Returing to 2009 for a moment, let’s take a look at professor and copyright attorney Kenneth J. Sanney’s post “Overlawyered or Just Over Simplistic on his blog, The Music Law and Copyright Blog, He accuses Kathleen Fasenella of Fashion Incubator of being ill informed and hyperbolic. While taking a patronizing tone against Fasenella - who has decades of experience in the nuts and bolts of garment production - for simplifying the law, he appears oblivious to the fact that while he might be an expert in the music industry, he clearly does not understand how he has oversimplified the inner workings of the fashion industry and the dynamic of trends and how they interface with culture.

He cites legal recourses available to designers if they are unfairly litigated against, but fails entirely to consider that even with said resources in place, designers would still be stuck in spending countless hours of time and energy dealing with this hassle in the first place. Sanney then goes on to ask the question:

Furthermore, in the current business environment how many large corporations are looking to task resources (both time and money) litigating against small businesses and individuals unless they have a serious claim that pasts muster under the most strict cost/benefit analysis?

LOTS OF THEM.  Think this is lame? Sign the petition here.

Let’s return to the Levis situation to try and determine if they are indeed protecting their trademark from imposters trying to cash in on their brand equity, or simply harassing the designers who are successful because they are offering desirable alternatives to the Levis trademark that had become diluted to the point of being unfashionable. It pretty much boils down the following quote by Steven Shaul:

“It was an original design,” he said. “Why would I use Levi’s stitching? If my jeans sell for $200, I would not knock off $40 jeans from Levi’s.”

Precisely. Shaul’s customer might very well be paying for the status of the logo on the back pocket, but they are paying for something to distinguish themselves from the masses in Levis. And Levis has the right to sue Shaul for this? Apparently so…

Back in the 1980s - when Levis were still cool and Americans were offered big bucks for the jeans off their butts when traveling overseas - there were counterfeiters producing jeans that people bought because they could pass them off as Levis. Just like ladies heading to Canal Street today looking for the guys that will take them into a back alley and sell the fake Louis Vuittons that they are trying to pass of as real. And in that circumstance a company should have the right to pursue legal action. That appears to be the sort of activity that the law was designed to protect against, not declining companies out of touch with the current zeitgeist intimidating upstart designers creating distinctive and highly marketed as such new brands that people are paying four times as much for because they are not like the big mass brands…with but as Mr. Sanney will be quick to point out, I’m not a lawyer, so what do I know.

From the blog, Seattle Trademark Lawyer: "Not identical or nearly identical, so no dilution: Levi’s “Arcuate” and Abercrombie’s “Ruehl” stitch designs "

As noted in the Times quote at the beginning of this post, the vast majority of these 100+ lawsuits were settled out of court by designers unwilling or unable to take on Levis, but what happened when Levis picked on someone their own size?

The image on the right is taken from attorney Michael Atkins blog, Seattle Trademark Lawyer, in a post titled Court Finds Abercrombie’s Stitch Design Does Not Dilute Levi’s Stitch Design

In summary, the court found that the subject marks (depicted above) were not “identical or nearly identical,” so Levi could not prevail on its dilution claim.

The court found: “The advisory jury found that [Abercrombie’s] Ruehl design and [Levi’s] Arcuate mark were not identical or nearly identical. In order to be nearly identical, the two marks must be similar enough that a significant segment of the target group of customers sees the two marks as essentially the same. ‘In the dilution context, the ‘similarity of the marks’ test is more stringent than in the infringement context.’

I couldn’t tell whether or not Atkins firm represented one of the parties in this case. I am, however, curious as to what would have happened to the smaller designers Levis pursued if they’d had the resources to defend themselves as Abercrombie did. I also hope that this case provides the precedent necessary for indies to find attorneys willing to come to their defense without large retainers up front.

(more…)

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Design Piracy Prohibition Act Benefits Big Name Designers… Who All Rip Off Vintage Anyway

by @ Saturday, July 25th, 2009. Filed under Defining 'Classics', Design Piracy Prohibition Act, Knock offs, Looks that Last, Making it as a designer, Popularity of Vintage, Source of Influence, Underbelly of Fashion

It sounds like a good idea - protect the uber creative cutting edge independent clothing designers from the the big bad corporate mass fashion retailers who steal their business when they rip off their ideas and sell mass produced cheap imitations. Too bad it won’t work that way. Mark my words, if the Design Piracy Prohibition Act (DPPA) makes it through the Senate, it will be multimillion dollar large corporate interests who back the big name designers who can afford teams of lawyers that receive ‘protection’, not the struggling independents who can barely afford their rent.

From Addovere.com: (Left: Marc Jacobs, Right: Forever 21, via Fashionista)

But look at the example above - isn’t it painfully obvious that Forever 21 copied the Marc Jacobs dress exactly? Isn’t that wrong? Well, yes, it is. And believe me, I’m no fan of Forever 21. But doesn’t this dress look like something you’d see - or have seen - in a vintage store? Don’t you think that it’s highly likely that Marc Jacobs (or even more likely, one of his 80+ design staff) copied and tweaked the design of an actual vintage dress? Leveraging vintage clothing for ‘inspiration’ is standard practice in an industry that demands dozens and dozens of ‘new looks’ from designers every few months… who are designing for an audience grown accustomed over the past decade plus to ferreting out vintage clothing because it’s so much cooler than the crap in the mall. Don’t believe me? Just put the Marc Jacobs & Louis Vuitton documentary in your Netflix queue and watch the practice in action. When I got the chance to visit and interview the premiere vintage supplier in NYC (I won’t cite their name because I didn’t ask for blogging rights at the time) they explained how their top stylist would pull together a set of items from their massive collection, create an inviting display, and would regularly have top name designers (or their staff) walk in the door and say ‘I’ll take it all’ and there it would be, 3 months later, strolling down the runway.

Marc Jacobs may have risen to fame and fortune based on his genius ability to co-opt, tweak and disribute an indie aesthetic to hipster celebutantes around the globe, but anyone who designs for Louis Vuitton can hardly be labeled and indie designer. What do the real indie designers  - the one this law is supposed to champion and protect - think about the DPPA? Stay tuned as I explore this issue further in my next post.

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When Aspiration Turns to Outrage - Luxury Industry Scrambles for a New Set of Social Signifiers

by @ Sunday, July 19th, 2009. Filed under Aspiration, Defining 'Classics', Fashion as Code, Future Classics, Looks that Last, New Luxury for 21st Century, Quality, Status, Stealth Wealth, Volume of Production, individual v collective

From a Michael Kors campaign

Photo found at Trendhunter.com, believed to be from a Michael Kors campaign

For several months I’ve been collecting articles about the luxury industry’s contraction and resulting mandate for a new strategy if they’re to survive. Sameer Reddy writes for Newsweek, Luxury’s Image Problem: Having Lots of Fancy Toys is Suddenly Not So Chic:

Until now, the luxury world has represented an ideal lifestyle that the masses aspired to achieve. The models in advertising campaigns for companies like Michael Kors and Jimmy Choo are perpetually stepping off private jets or lounging poolside in five-inch stilettos.

The luxury industry will still represent an ideal lifestyle that the masses will aspire to achieve, it will just have to adjust to the new ideal.

But the economic meltdown has left luxury with an image problem. Signifiers of social status are suddenly out of fashion…

The old signifiers are out of fashion. What will be the new ones? (more…)

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Irony or Archival Revival - Will the Real Vintage Please Stand Up?

by @ Saturday, July 18th, 2009. Filed under Aesthetics and Meaning, Defining 'Classics', Fashion as Code, Generation Gap, Irony, Looks that Last, Novelty, Popularity of Vintage, Quality, Recycling Fashion, Secondhand Supply Chain, Status, Tastemakers, Value of a Garment

Coinciding with the revival of swing dancing over a decade ago, there has been a continual stream of articles alerting us to the popularity of vintage clothing in contemporary fashion. Unlike trends that disappear in a season or two, the interest in and demand for quality vintage has only increased. Given the fact that there is an absolutely finite supply of clothing made in 1955 (or any other year), it was inevitable that archival remakes would appear on the scene.

House of Vionnet 2007

House of Vionnet 2007

The fashion industry right now seems poised in a moment of cognitive dissonance - watching the hype machine formula that served them so well contract and crumble around them, nervous about committing to a new direction while knowing that their survival depends on it. While there are no doubt many independent designers who relish striking forward into new visions for 21st century, the business machinery who back the vast majority of manufacturing and distribution are groping for a sure thing.

In her article for the Financial Times, Nicola Copping explains “fashion’s love affair with reinventing its own past:”

“The demand for archive pieces is huge in the fashion market,” says Jean Bousquet, managing director of Cacharel, which launched a vintage collection, in collaboration with Liberty, to celebrate its 50th anniversary in April. “We are arriving at the end of a fashion cycle; there has been nothing very new for a long time and a general tiredness has been established. The comeback of vintage testifies to a passion for the renewal of the past. We look at past successes to create the new. We might do several more archive collections in the future.”

It seems contradictory that the antidote to tiredness and lack of newness would be to remake old pieces rather than innovate new ways of dressing. But perhaps the sameness and monotony lamented refers more to what’s hanging on the racks in the mall right now - hundreds of thousands of similar versions of the same WGSN trend dictated pattern blocks. Against that backdrop, an dress from the fifties seems intricate and novel by comparison. Not to mention nostalgic:

“With all the recent concerns in the economy, people are feeling a bit nostalgic; they are looking to brands they can trust, who have a significant heritage and who offer great quality and value,” says Sir Stuart Rose, executive chairman of M&S…After all, when the future is uncertain, why not rely on the stability of the past?

It makes me wonder, though, how this demand for archival quality vintage remakes fits in with Cathy Horyn and Simon Doonan’s observations I quoted in an earlier post:

“It’s impossible to think of something you can drag out from the land of naffness and make cool,” Mr. Doonan said, referring to the process by which banal or out-of-date styles are brought back and, after much analysis and decoding and finally brand approval, become fashionable. He offered up the drop-waist denim dress, a wholesome style from the ’80s, saying it was rife with ironic potential.

I laughed. That was really scraping the bottom of the barrel.

When the term ‘vintage’ has reached the point where it is applied to intricately tailored designer suits from the forties and the pilled rayon floral drop yoked dresses from the early nineties all over the racks of ‘vintage’ stores on South Congress alike, it’s time to dig deeper and get more specific.

At which point I venture into subjective commentary that threatens to reveal the inner old lady I’m cultivating, who’s ever so sure that things were much better in her day… (more…)

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