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Fashion Law and Intellectual Property
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Counterfeiting
Counterfeiting is the production of imitation goods with the intent to pass them off as authentic. In the fashion industry, this is a significant issue as counterfeit products mimic genuine garments and accessories, often harming the brand's reputation and revenue.
Non-Disclosure Agreement (NDA)
An NDA is a legal contract between at least two parties that outlines confidential material or knowledge the parties wish to share with one another for certain purposes but wish to restrict from wider use. In fashion, NDAs protect trade secrets, including upcoming collection details or manufacturing processes.
Design Protection
Design protection refers to legal mechanisms that safeguard the unique visual aspects of products such as shape, configuration, and ornamentation. In fashion, this can prevent the copying of distinctive garment designs, jewelry, and accessories.
Fashion Law
Fashion Law is a specialized area of law that deals with issues surrounding the creation, production, marketing, and distribution of fashion products. It encompasses intellectual property, business transactions, employment law, international trade, and consumer protection.
Licensing
Licensing is the granting of permission to use intellectual property rights, such as trademarks or designs, by the owner to another party. In the fashion industry, licensing allows brands to expand their product offerings or enter new markets while maintaining control over brand image.
Infringement
Infringement is the violation of intellectual property rights by unauthorized use, reproduction, or distribution. In the fashion industry, infringement occurs when unauthorized entities copy and sell designs or use trademarks without permission.
Trademark
A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. In fashion, trademarks protect brand names and logos, ensuring that consumers can identify the source of a garment or accessory.
Dilution
Dilution is a legal violation whereby a famous trademark is used without authorization in a way that diminishes the distinctive quality of the mark. In fashion, using a well-known brand's trademark on unrelated products can dilute its power and prestige.
Gray Market Goods
Gray market goods, also known as parallel imports, are genuine brand-name products imported and sold without the consent of the trademark holder. In fashion, gray market goods can undermine exclusive distribution agreements and brand reputation.
Collective Mark
A collective mark is a trademark or service mark used by members of a collective to indicate membership in the group or to identify and distinguish the products or services of members from those of non-members. In fashion, it could be used by consortiums or associations to indicate a level of quality or authenticity.
Patent
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. In fashion, patents can protect functional aspects of designs, such as innovative textiles or garment construction.
Cease and Desist Letter
A cease and desist letter is a document sent to an individual or business to halt purportedly illegal activity ('cease') and not to restart it ('desist'). In fashion, it's often the first legal step taken against parties suspected of infringing on intellectual property rights.
Public Domain
The public domain consists of creative works to which no exclusive intellectual property rights apply. These rights may have expired, been forfeited, or be inapplicable. In fashion, designs in the public domain are available for anyone to use, which can be important for inspirations or recreations.
Moral Rights
Moral rights refer to the rights of creators to have their work respected and to prevent any derogatory treatment that could harm their reputation. In fashion, these rights can pertain to a designer's ability to receive credit for their work and object to any changes that could harm their image.
Copyright
Copyright protects original works of authorship, including literary, dramatic, musical, and certain other intellectual works. In the fashion industry, it guards against the unauthorized reproduction of original designs, such as prints, patterns, and garments.
Parallel Importation
Parallel importation involves importing genuine goods into a country without the permission of the intellectual property owner. In fashion, this affects control over the brand's market, pricing, and distribution channels.
Knockoff
A knockoff is a product that looks similar to another product but doesn't copy trademarks or logos. In the fashion industry, knockoffs mimic the style of original designs but are sold at lower prices, potentially undercutting the original brand's market.
Trade Dress
Trade dress refers to the visual appearance of a product or its packaging that signifies the source of the product to consumers. In fashion, this can include the design, color, or shape of a product that is distinctive to a brand.
Intangible Asset
An intangible asset is an asset that is not physical in nature, such as intellectual property, goodwill, and brand reputation. In fashion, intangible assets like brand reputation and design portfolios are critical for maintaining competitive advantage.
Fair Use
Fair use is a legal doctrine that permits limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. In fashion, fair use could potentially defend the use of protected designs for purposes like parodies or commentary.
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