Fashion Law: the application of law in the fashion industry

The term “Fashion Law ” has been highlighted in recent years, and many people may believe that it is a new branch of law, that is, a new subject to be studied, however, this is not the reality.

The term “Fashion Law” was created by American lawyer Susan Scafidi more than fifteen years ago to address legal issues specific to the world of fashion, a multibillion-dollar market that earns millions of dollars every year.

The first important milestone that determined the emergence of the concept of “Fashion Law” was the creation of the world’s first Center for the study of fashion as an industry, The Fashion Law Institute at Fordham University, there in 2010.

In Brazil, the fashion industry began to solidify from the economic issue, with the participation of the textile sector, through the Brazilian Association of textile and clothing industry (ABIT). Also, in 2012, the Fashion Business and Law Institute Brazil emerged, being a non-profit entity that assists in the resolution of legal conflicts related to fashion.

However, contrary to what it may seem, Fashion Law is not an autonomous branch of law, that is, there is no specific legislation to address issues in this market, so it is necessary to study labor law, tax, corporate, environmental, intellectual and industrial property, and an immersion in the world of contracts, linked entirely to Business Law, among other matters.

This is because, as mentioned, the fashion industry is currently a multibillion-dollar market that circulates through all branches of law, and the study and specialization in these areas is necessary to stand out in this competitive market.

Still, one of the most important issues for the concept of Fashion Law is Industrial property, and this is due to the need for protection of brands involved in the fashion market, since major brands are known worldwide, and, unfortunately, very plagiarized.

In fact, the study of the crimes involved in the fashion world is also very important, since currently the market needs to worry about plagiarism, piracy, counterfeiting and unfair competition, since these themes become recurrent, especially in the “fast fashion” Market (stores that only follow trends and produce large-scale pieces, not worrying about the creation of designers, the environment and the copyright of the pieces).

Unfair competition, in fact, is a concern in the daily life of almost every entrepreneur, and in such a competitive industry, which uses such aggressive strategies, betting on marketing, visual identity, advertising campaigns, etc. it would be no different. Moreover, as the fashion industry is extremely changeable and seasonal, unfair competition becomes even more evident in this market.

Another theme that has become essential for the fashion industry and Fashion Law, and that is used as a way to contain unfair competition, for example, is the concept of Trade Dress.

The term Trade Dress is defined as the set-image of a product, that is, it is the junction of the image and qualities of a brand, company or service and from this, consumers begin to identify the product exposed in the market.

Thus, in Trade Dress we can find the logos, a specific sewing of a clothing brand, a unique fabric or print pattern of a famous brand, and even the smell.

The biggest difficulty related to Trade Dress is protection, since it is not possible to patent a smell, for example, making these specificities of brands a great challenge in terms of their protection for experts in Fashion Law.

Finally, the fashion industry is directly linked to contracts, since almost all negotiations will be governed by contracts signed between the parties involved in the business.

With increasing globalization, contracts in the global sphere have become even more common, since it is often necessary to regulate the creation of an American artist, with a European brand, being produced on a large scale in Asia, using textile companies in Africa, for example.

In this way, the creation and regularization of all these operations with specific contracts, providing for all the clauses and points necessary for the protection of the brand, the stylist, the creation, and even the sale itself, becomes essential.

In addition to all this, the consumer and the Consumer Protection Code, when we talk about Brazil here, also becomes a latent concern, since all these operations are designed for a final destination: the wardrobe of a consumer, so that we cannot leave aside this branch of law that has the power to leverage or destroy the performance of a brand/company in national territory.

With this, we can conclude that Fashion Law is an extremely promising area in the national and global market, with operations in different branches of law, and that currently moves billions of dollars a year, becoming very attractive for multidisciplinary professionals who like challenges and dynamic and international operations.

Giovanna Luz Carlos, – lawyer, graduated in law, from Centro Universitário Padre Anchieta (2019), enrolled in the Brazilian Bar Association, São Paulo Section (OAB/SP) (2020). Postgraduate in Civil Procedure from Faculdade Damásio De Jesus. Lawyer and leader of organizational and Cultural Development at TM Associados.