November 22, 2014

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Retro Read: Nasty Gal Copies Givenchy, Sells Infringing Bag

In light of the opening to Nasty Gal’s first brick and mortar store, we take a look back at one of the many egregious copies that retailer has offered for sale in recent years. Remember that time Nasty Gal sold a spot-on copy of Givenchy’s Rottweiler Antigona Tote tote? You can reacquaint yourself with Nasty Gal’s devious ways and brush up on the legality of the situation at the same time. This article was originally published in April 2013 …

In case you weren’t sure just how nasty online retailer Nasty Gal is, here’s a hint. Quite often we see fast fashion retailers selling copies of high fashion garments and accessories because design piracy is a perfectly legal practice in the United States (for the most part). However, one tactic that’s definitely not legal is copying an image that appears on another brand’s wares and putting it on your own. Case in point: Nasty Gal’s “Vicious tote.” Unlike plain old design piracy (for which there is very little protection available via copyright law), there is protection for pictorial, sculptural and graphic works under U.S. copyright law. Nasty Gal’s insanely blatant imitation of Givenchy’s super-popular Rottweiler design is a perfect example.

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Givenchy’s Rottweiler bag (left) & Nasty Gal’s version (right)

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In Light of the Prabal Gurung x MAC Collection …

Designer Prabal Gurung’s collection with MAC Cosmetics is upon us, and it is far from the run of the mill makeup collaboration. The 14-piece collection is, as Harper’s Bazaar correctly points out, “one of the most glamorous—and expensive—collaborations the beauty giant has ever done.” The publication further describes the collection, writing: “Color plays a standout role in his new beauty collection: for the eyes, a rich black liner and highlighter and eye shadows that range from sparkling neutrals to subtle peaches and intense smoky hues; for the lips, a refreshing violet, a go-to nude and a deep red for lipsticks; for the cheeks, a cream coral blush and bronzing powder.” The designer, who has been working with MAC for his runway shows since he first launched his label, is certainly proud of the result. He says: “This is the first time MAC is doing a collaboration at such a luxe level.” He further states: “We paid detailed attention to how it’s made, what it looks like and what it feels like. So, I’m excited.” Leading up to the launch of the designer’s collection with MAC, which will launch November 26 in MAC stores in North America and in December internationally, we look back to some of our favorite Prabal Gurung x MAC runway makeup collabs in the past …

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Today: From Around the Web

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Rihanna is reportedly set to sign a $1 million-plus contract to create sneakers and more for Puma and not wear any other brand’s sneakers. – NY Daily News

True Story: The Beautiful Freedom of Wearing the Same Thing Every Day – Racked

Artist Jeff Koons’ Hermès Birkin Bag Artworks Raise $5.5 Million – Pursuitist

What it is like to scout for male models – Fashionista

With rival Kering leading the way in terms of embracing sustainability, LVMH has joined the Board of Directors of the Foundation for Research on Biodiversity in France. The aims to promote national, European and international research on biodiversity, establishing close connections between various participants in the biodiversity sphere. – TFL

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Bridget Foley Talks Condé Nast, Intern Entitlement

Writing for Womens Wear Daily today, Bridget Foley had some strong words on the heels of the official settlement of the Condé Nast internship lawsuit, which was reported earlier this week (and on the heels of a recently filed internship lawsuit against Gucci). Here are some of our favorite excepts from Foley’s article, entitled Condé Interns — Extinction by Entitlement?

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Sephora, LVMH Sued for Racial Discrimination

On the heels of allegations that Sephora had blocked the online accounts of customers with Asian names in connection with a 20 percent off sale earlier this month, the cosmetics giant (and its parent company LVMH Moet Hennessy Louis Vuitton) has been slapped with a racial discrimination lawsuit. According to the complaint, which was filed this week by Xiao Xiao, Man Xu, Jiali Chen and Tiantian Zou in the Southern District of New York, Sephora deactivated the plaintiffs’ accounts after its site crashed on November 6th. The plaintiffs allege that because of their Asian surnames, they were blocked from using the site after it was back up and running. The complaint further states that only customers with Asian names or email addresses from Chinese domains were blocked from the site, as the company suspected them of buying discount items in bulk to resell them, which the plaintiffs allege is based on an “ill-founded and discriminatory belief.”

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Retro Read: House of Holland Did “Parodies” Before You

It only seems fitting that in light of the continued “parody” design trend that we go back to one of the first designers to do it: Henry Holland of House of Holland. The English designer burst onto the fashion scene in 2006 with his Fashion Groupies T-shirt designs, which consisted of bold, 1980s-inspired T-shirts that displayed catchphrases such as, “I’ll tell you who’s boss, Kate Moss,” Do Me Daily, Christopher Bailey,” and “Cause Me Pain, Hedi Slimane,” among numerous other. Holland subsequently designed a full collection and founded his own brand. In late 2011, the brand relaunched some of its famed tee in honor of the launch of its new web shop, selling “Get Yer Freak On Giles Deacon,” “Uhu Gareth Pugh” and “Cause Me Pain Hedi Slimane” slogan tees in very limited quantities. The re-introduction makes sense, as the tees really did put Holland on the fashion map. Of their debut in 2006 and subsequent success, Holland later said: “When Gareth Pugh wore my ‘Get Your Freak On Giles Deacon’ T-shirt to take his bow at the end of the show. I received a call the next day from Giles asking to wear my ‘UHU Gareth Pugh’ T-shirt for his show. This was an instant platform to alert the media to the designs and I started to receive calls from the press. The rest, as they say, is history.”

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Australian Government to Hear Proposal ISP Blocking

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On the heels of the landmark ruling in the Richemont lawsuit, in which the luxury conglomerate asked the court to order that the UK’s five major internet service providers – BSkyB, BT, EE, TalkTalk, and VirginMedia – block six websites offering counterfeit goods, the Australian government is set to decide on a similar matter. Instead of a lawsuit, however, the Parliament of Australia will decide on a proposal that is being put together by Attorney-General George Brandis and Minister for Communications Malcolm Turnbull that would enabled intellectual property holders to seek a court injunction demanding that internet service providers block websites deemed to host infringing content. While this could, in fact, extend to a wide range of copyright-infringing entertainment, what is most interesting for us are the rights this would extent to fashion brands in their unending fight against counterfeiters. The initial proposal appears to only include copyright infringement language, but that does not mean trademark infringement rights will not ultimately follow. The Richemont case, which was heard in the High Court of England & Wales in late October by Justice Richard Arnold extended the remedy of  injunctions – a favored weapon of copyright enforcers – to trademarks for the first time, thereby allowing Cartier (a Richemont subsidiary), for instance, to fight infringement of its trademarks on the web. As such, this may be the first step for Australian in formulating legislation to ultimately ban trademark and trade dress-infringing websites.

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Today: From Around the Web

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24 Hour with Jason Wu: 30 cookbooks, 6 snoozes, 10 pairs of white Converse. The Boss designer shares his day. – Harper’s Bazaar

Indy brand Eckhaus Latta launched e-Commerce, says “It’s important for us to have a direct line of communication with our customer as well as begin the establishment of a retail space that gives more insight into the world of Eckhaus Latta.” – i-D

How Topshop, Burberry, and Jeremy Scott Won Social Media for Spring 2015 – Style.com

Is Maison Martin Margiela’s former designer Matthieu Blazy headed to Céline? – Vogue UK

Karl Lagerfeld designs line of hats for Maison Michel. There are five hats in all, each bearing the name of the Chanel creative director’s favorite models — Karlie, Kendall, Anja, Cara and Poppy. – NY Daily News

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