Chanel, fashion house, forces Chanel Jones, hairstylist, to settle by signing away rights to basically all public uses of name
"Consent judgments" (a/k/a "consent decrees") are very, very dangerous -- especially when wielded by a powerful corporation against a pro se defendant. The defendant in this case probably could have used some help, not only in drafting her (sort of heartbreaking) "Answer" to plaintiff's Complaint, but in negotiating more reasonable terms for the settlement agreement embodied in the Consent Judgment embedded below -- which, in its current form, essentially prevents her from using her name in commerce in any way, ever, under penalty of contempt of court, among other possible penalties.
By the way, consent decrees are probably unconstitutional. Just sayin'.
Interview for Washington Square News (NYU student newspaper) article, "Fashion, lawsuits an unexpected pair"
Washington Square News, NYU's Independent Student Newspaper, has published an article, "Fashion, lawsuits unexpected pair," in its November 5, 2014, issue. In the piece, staff reporter Sam Del Rowe interviews Barbara Kolsun (Stuart Weitzman GC, NYU adjunct prof, and co-editor (with FIT professor Guillermo Jimenez) of Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys -- to which I contributed a chapter on copyright law) about the current lay of the land.
Del Rowe goes on to ask this writer, one Charles Colman, about his views on life, law, and the pursuit of unlawful monopolies. He selects a portion of my answers to his questions, but -- for anyone who is interested -- I've copied my unedited responses to Del Rowe below (hyperlinks added):
[Original post redacted.]
Great news: Prof. Gary Watt's "Dress, Law and Naked Truth: A Cultural Study of Fashion and Form" is now open-access!
One of the most provocative and valuable works of legal scholarship on dress, Gary Watt's Dress, Law and Naked Truth: A Cultural Study of Fashion and Form, is now available through a Creative Commons license:
I have uniformly positive things to say about this book -- for example:
"Professor Watt's book represents such a dramatic leap forward in legal thought about dress that it demands the recognition of a new category of scholarship. Dress, Law and Naked Truth presents an array of startlingly original ideas about the relationship between dress and the law. Happily, Watt's book manages to combine intellectual heft with beautifully crafted prose, making it not only a remarkable scholarly accomplishment, but also a joy to read."
At some point, this writer and/or one of his sparkling new Of Counsel (bios for Yin Huang and Naveen Thomas here) will resume posting to this blog with regularity. But now is not the time, due to several speaking engagements at conferences and symposia taking place in the coming weeks -- and, of course, because of my teaching responsibilities at NYU Law. (Another crop of brilliant students this year, by the way!)
NEW ESSAY: "Trademark Law and the Prickly Ambivalence of Post-Parodies" (to be published in U. Pa. L. Rev. Online in August)
The team behind LAW OF FASHION is on a sort of summer research sabbatical (hence the lack of posts over the past several weeks.)
But LOF had to resurface to bring you a new essay, "Trademark Law and the Prickly Ambivalence of Post-Parodies" (analyzing fashion designs of the sort pictured below), slated to be published by the University of Pennsylvania Law Review Online this August. You can download the most recent working draft of the piece at the Social Science Research Network. Feedback always welcome!