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Fashion Law Terminology
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Antitrust Laws
Legislation to prevent anti-competitive behavior and unfair business practices in the fashion industry, like price-fixing or monopolistic activities.
Cultural Appropriation
The adoption or use of elements of one culture by members of another, which in fashion can refer to the unauthorized use of traditional garments, patterns, or symbols without permission.
Fashion Tech
The intersection of the fashion industry and technology, specifically the application of technological innovations to clothing and accessory design, manufacturing, and retail.
Due Diligence
The investigation or exercise of care that a reasonable business or person is expected to take before entering into an agreement or contract with another party, such as a fashion house merger or acquisition.
Injunction
A court order for a party to stop a certain activity, such as the sale of counterfeit clothing or the use of a patented design.
Doctrine of First Sale
A legal defence in fashion law stating that once a product has been sold by the IP rights holder or with their consent, they lose the control over its resale.
Non-disclosure Agreement (NDA)
A legal contract between at least two parties that outlines confidential information they wish to share with one another for certain purposes but wish to restrict from wider use or dissemination in fashion industry deals.
Sweatshop
A negative term for a workplace, often in the garment industry, where workers are subject to poor conditions, low pay, and long hours.
Intellectual Property (IP)
Refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols used in the fashion industry.
Class Action
A lawsuit in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group, such as a defective clothing line.
Design Patent
Protection for the ornamental design of an item (that provides a new, original, and visible design for a product) in the fashion industry, like a unique shoe shape.
Copyright
A legal right that grants the creator of original work exclusive rights to its use and distribution, particularly in clothing prints and designs.
Trade Dress
The visual appearance of a product or its packaging which signifies the source of the product to consumers, such as the distinctive decor or layout of a boutique.
Fashion Licensing
A legal contract where a brand owner permits another party to use their brand, design, or artwork in exchange for a fee or royalty.
Liquidated Damages
A provision in contracts that specifies a predetermined amount of money that must be paid as damages for failure to perform, which may be used in fashion industry contracts involving late or non-delivery of garments.
Trademark
A symbol, word, or phrase legally registered or established by use as representing a company or product in the fashion industry.
Dilution
A situation in fashion law where a trademark loses its unique association with its original owner due to unauthorized use by others.
Fashion Model Law
Laws and regulations governing the employment, rights, and welfare of fashion models, including child labor laws and health standards.
Restraint of Trade
Any activity which prevents, restricts or distorts competition, including in the fashion industry, such as exclusive supply contracts that limit the ability to sell competing brands.
Patent
An exclusive right granted for an invention in the fashion field, such as a new manufacturing process or machinery.
Counterfeit Goods
Illegally made replicas of fashion products (usually of lower quality) that are sold under the brand's name without permission.
Consignment
An arrangement in which goods are left by their owner in the possession of a dealer, who sells the goods for the owner (e.g., designer garments in a boutique), with the owner retaining title until the sale.
False Advertising
A misleading or deceptive marketing practice in the fashion industry that misrepresents the qualities or characteristics of a product.
Moral Rights
Rights of creators of copyrighted works (such as fashion designers) to control and protect their creations against unauthorized alterations.
Passing Off
A common law tort used to enforce unregistered trademark rights, like when selling garments by imitating another brand's identity or a design.
Unfair Competition
Any fraudulent, deceptive, or dishonest trade practice that can cause economic harm to business entities in the fashion sector.
Greenwashing
The process of conveying a false impression or providing misleading information about how a company's products are more environmentally sound, such as sustainable clothing claims that are not fully practiced.
Indemnification
A contractual obligation by one party to compensate the other for harm or losses incurred in the fashion business.
Gray Market Goods
Genuine branded goods that are sold outside of the brand's official distribution channels, which can potentially undermine exclusivity agreements in fashion.
Vertical Integration
A strategy wherein a company owns different levels of its supply chain, such as a fashion brand that owns its own textile factories, retail outlets, and distribution channels.
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