Fashion Law 101 With Attorney Pamela Kelly

Working in fashion means more than just knowing about the latest trends and new designers, styling clients, and where to shop. While knowing all of that is essential, more than anything else, you need to know that fashion is a BUSINESS. Yes, the glitz and glamour of it all is what most people see (and want), but if you’re an emerging designer, photographer, boutique, etc., it’s also imperative that you understand the way that things work so that you can properly function as a company, protect yourself, and prosper at what you do (while still enjoying the glitz and glamour, of course).

Fashion & entertainment lawyer Pamela Kelly will be providing general insight on various sectors within the industry (“Fashion Law 101”  if you will) on KP Fusion in the upcoming weeks. The University of Memphis Cecil C. Humphreys School of Law graduate brings many years of expertise to the table. Currently the entertainment attorney for WHBQ – TV Fox 13’s “Ask the Attorney” segment, Attorney Kelly is also a contributor to other local publications as well. Feel free to comment/ask questions but please note:

her posts are not intended to serve as legal or other advice nor does it create an attorney-client relationship

To start things off, read on to learn more about her background, fashion law in general,  and a few things that brands should know when launching a startup.

For those not familiar with fashion law, what areas/needs are covered under these specialties?
Fashion law includes principles from a variety of legal disciplines. The most prevalent types of law that arise in the fashion industry are protection of intellectual property such as trademarks, commercial operations, business law including business formation and structure, contracts, employment law, real estate law and licensing.

How did you decide to practice in this field?
My areas of practice include entertainment law, and fashion law is really just the other side of the same coin. Just think…there is music on the runway…private labels or businesses for independent musicians and fashion designers. In some cases, creatives such as fashion designers, fashion stylists, musicians or makeup artists may have to protect their brands through trademark or copyright law. Creative types also have to protect their businesses against rights of publicity or social media defamation claims from persons hired as background vocalists, models or photographers. So, again the close parallel between the two fields is what motivated me to really explore fashion law.

I also noticed that Memphis has an underground fashion community that is becoming more visual, more vocal and more interested in making Memphis a fashion hub. I am excited about that prospect, and I want to be a integral part of this fashion movement. Since I love clothes and the law, I am getting the best of both worlds.

What’s one thing that designers/brands need to know when they’re setting up their business?
It is important to understand the legal requirements of a business and the tax implications for the type of business structure chosen. For example, some people only look at the cost of establishing a business and use online forms to help establish a LLC and avoid attorney fees. But there are registration requirements for the state of Tennessee that may make the low cost of establishing a LLC online more expensive when the business wants recognition in Tennessee.

It is also important for the fashion designer to adopt a competent core team to help manage the business. Even with a dynamic team in place, the fashion designer should remain active in the financial health and growth of the business.

Looking back at 2011, what was the most interesting case involving fashion/trademark law to you? Why?
The most interesting case in 2011 was Christian Louboutin SA v. Yves Saint Laurent America Inc. This case has not been decided yet, but it is being followed closely by fashion and intellectual property attorneys. Louboutin’s red-soled shoe was granted a trademark by the United States Trademark and Patent Office, but Yves Saint Laurent is challenging that trademark since it has its own line of red-soled flats.

The core issue in this case is the protection of a color. If the Louboutin trademark is cancelled, other businesses that have protected a color under trademark law may face a legal challenge from competitors as well. So, other businesses that rely on color to identify their goods such as the infamous Tiffany blue box are filing briefs in support of Louboutin. So, the final decision in the Louboutin case could have wide range implications in the fashion industry.

What are some books you would suggest for those interested in learning more about the field?
Since fashion law has only gained momentum in the last 5 years, there are not many published works available. But I suggest “Fashion Law: A Guide for Designers, Fashion Executives and Attorneys” for good foundational knowledge. I also encourage fashion designers to read varied fashion blogs, industry magazines and use social media to keep abreast of what is going on in the industry. Since New York is a fashion mecca, take advantage of the information and opportunities that are freely available on http://www.nycfashioninfo.com/.

How can readers learn more about your services?
The Law Offices of Pamela Williams Kelly is my firm, and it was created to serve the needs of small business owners and risk takers. Readers can contact me directly:

Phone |901-210-6551
Email | attorneypwkelly@gmail.com to schedule a 30 minute free initial consultation.
To read my fashion law articles or view fashion related postings, please visit my blog at http://attorneypamelawkelly.wordpress.com/.

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2 thoughts on “Fashion Law 101 With Attorney Pamela Kelly

  1. One of the most insightful and informative fashion-related articles I have read to date. KP Fusion – you consistently keep me on the edge of my seat with wonderfully creative articles.

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