Happy Couture Week, my fellow fashion law-istas! On Tuesday while we were just dodging the Snowmageddon here in New York, Karl Lagerfeld threw a garden party in Paris for Chanel’s Spring ’15 Haute Couture show. Things haven’t been all sunshine and daisies, however, over at the Haus of Chanel as it filed a counterfeiting suit just last month.

Chanel is suing online e-tailer Shop Jeen not only for copying its goods but also its way of doing business. Shop Jeen produced imitation Chanel iPhone cases and allegedly marketed them in the same way as the couturier. According to The Fashion Law, Chanel claims that Shop Jeen’s actions have cost it irreparable damage and “the Defendants have been unjustly enriched.” Chanel is demanding $2 million “for each counterfeit trademark used and product sold,” in addition to attorney and investigative fees.

As you know, I’m all for designers defending their own intellectual property, but I’m not so sure about their ability to sue someone for stealing the way they do business. If a product is already a knockoff, wouldn’t it come with the territory that it is advertised in the same way as the original? If it were any other company but Chanel this might not really fly as two separate charges, but I’m sure the kaiser Karl Lagerfeld will be able to get away with it.

It’s cases like this that make fashion law so much trickier than most other intellectual property and trademark lawsuits. The only thing fashion attorneys have to go off of is prior cases. Then again, this is the Haus of Chanel we’re talking about here. Lots of clothing and accessories can be seen as inspired by or imitating the brand that basically defines classic. Yet as far as I can tell, it looks like Chanel’s got this lawsuit in the (2.55 chain strap) bag.

Katherine Fabian

Katherine Fabian is a recent graduate of Fordham University’s College at Lincoln Center. She is a freelance writer and yoga teacher who hopes to one day practice fashion law and defend the intellectual property rights of designers. Contact Katherine at staff@LawStreetMedia.com.

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On Monday, Parisian fashion house Maison Martin Margiela announced that industry pariah John Galliano would take over as its new creative director. The former creative director of Dior has been attempting to make a comeback since he was caught on film going on an anti-Semitic rant back in 2011. Subsequently, Galliano was dismissed from his positions at both Dior and his own namesake line. But now that he’s back in the couture game, everyone can’t help but ask the age-old question: is it possible to separate art from the artist?

One of the most ubiquitous examples of a controversial man behind beautiful works is Woody Allen. There’s no arguing the classic status of Allen’s films but — especially recently when Dylan Farrow finally spoke out about her estranged father molesting her — people sometimes have trouble appreciating them knowing that a man with a weird fetish for underaged girls is the brain behind the masterpiece. That said, will the industry be able to forget, but maybe not necessarily forgive, Galliano’s transgressions come next couture season?

Galliano is hardly the only controversial figure in the industry. Fellow couturier Karl Lagerfeld is notorious for his sexist actions from his recent faux-feminist show to comments he’s made about women’s bodies like the singer Adele. But not everyone can get away with such aloof behavior. Activewear brand Lululemon’s CEO Chip Wilson resigned shortly after coming under fire for a comment he made about some women being too fat to properly fit into his leggings, and let’s not forget about American Apparel founder Dov Charney finally getting his just deserts for sexually harassing employees.

However, in the case of Galliano and Lagerfeld, as unacceptable as their behavior is they never physically hurt anyone like alleged sexual offenders Dov Charney and Woody Allen. So there aren’t necessarily any laws against such bigoted actions.

Ultimately, artistic minds like Galliano’s and Lagerfeld’s are very different from the average person’s in that they may not always be aware of the social ramifications of their actions. I’m not trying to excuse their behavior by any means. But whenever I hear Lagerfeld say ridiculous things about women I can’t help but roll my eyes and chuckle a little, because I know he has absolutely no perception of the real world. Galliano also allegedly blamed his abuse of alcoholism and drug abuse (which definitely fueled his inappropriate rants) on the pressures of running two couture houses. These artists tend to live in their own bubbles, only interacting with a select few people who let them get away with their odd behavior, because they are the genius masterminds who pay their paychecks. Quirky artists have the potential to offer so much joy in our lives, but sometimes you may have to look past their odd behavior and just appreciate their work for what it is.

Since getting the boot from the industry, Galliano has attempted to make his way back in. He tried a residency at Oscar de la Renta and a guest professorship at Parsons the New School for Design, but all have fallen through because the public was still not ready to forgive him. So is the industry ready for Galliano to return to the couture scene? Only time will tell.

Katherine Fabian

Katherine Fabian is a recent graduate of Fordham University’s College at Lincoln Center. She is a freelance writer and yoga teacher who hopes to one day practice fashion law and defend the intellectual property rights of designers. Contact Katherine at staff@LawStreetMedia.com.

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Feminism has been getting a lot of attention in the press lately, first with Beyonce’s VMA display, then Emma Watson’s viral UN speech, and now with a fashion show!

For those not inclined to stare longingly at clothes you can’t afford, this week was Paris Fashion Week — the last in the string of “Big Four” fashion weeks that began in New York on September 4. At home in Paris is one of the most renowned labels ever to be declared couture: Chanel. What began in 1909 when a young woman nicknamed “Coco” opened a small shop in Paris, has since grown into a multimillion dollar brand headed by the infamous Karl Lagerfeld. The native German director of Chanel has long had a reputation for highly staged and over-the-top runway shows, and this year was no exception.

Karl Lagerfeld. Courtesy of marcokalmann via Flickr.

While the 2015 Chanel line looked relatively familiar: 1970s-inspired sweaters, pant suits, and even sunglasses all featuring the signature Chanel logo, its runway show closed not with the usual parade of models, but with a full-on rally complete with signs and blow horns. Suddenly, those 1970s styles took on a whole new connotation: emulations of second-wave feminist icons like Gloria Steinem, Germaine Greer, and Kate Millet.

While the display was an impressive one, with famous supermodels like Gisele Bundchen and Cara Delevingne leading the charge, many responded with confusion and skepticism:

did chanel even bother looking up the definition for feminism before using signs saying “boys should get pregnant too” and “be different”

— anna (@aaselfie) October 1, 2014

I think Chanel / Karl Lagerfeld’s feminism walk wasn’t genuine. They should’ve done more research rather than using it as a marketing tool — Sam Fazz (@SamFazz) October 1, 2014

I cannot take Chanel portraying feminism as a statement seriously. Lagerfeld is notorious for degrading women based on their appearance.

— n. didonátti (@bonvivantx) September 30, 2014

I know it’s really early, but seriously Karl. Faux Feminism? #chanel #pfw

— kiwi mohamed (@kiwispeaks) September 30, 2014

I couldn’t help but be skeptical myself. Some of the signs the models held had little to do with modern feminism: “Ladies First,” “Boys Should Get Pregnant Too,” and “Divorce Pour Tous” (which translates to “Divorce For All”) rang distinctly of the misandry that feminists try so hard to separate themselves from. They also contradicted signs like “Match the Machos” and “Free Freedom,” which are true feminist mottos. No wonder people were confused!

In addition, Karl Lagerfeld has made headlines before by commenting harshly on women’s looks. The most referenced incidents are his fat-shaming the singer Adele and saying that Pippa Middleton “should only show her back.”

Saying things like that is definitely not okay, but does he do it because he hates women or because he makes a living by selling the fashion world’s concept of beauty? It’s hard to tell.

I think it’s safe to say that, whatever Lagerfeld’s personal motivations are, the feminist rally was little more than a publicity stunt. Even so, Chanel is a brand that started out by breaking rules. Coco Chanel may have never called herself a feminist, but she freed women from what was acceptable or “feminine” for women to wear during her time. It’s thanks in part to Chanel that we aren’t expected to cinch ourselves into corsets!

In the end, the staged rally might not have had the purest motives, but it keeps feminism in the news and continues the conversation. Plus, those references to feminist icons have been noted and shared, and models like Cara Delevingne — a self-declared feminist — will continue spreading true feminist values through her fan base. Could it have been done better? Oh yes. Will it end up helping feminism? Only time will tell.

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Morgan McMurray (@mcflurrybatman) is a freelance copywriter and blogger based in Savannah, Georgia. She spends her time writing, reading, and attempting to dance gracefully. She has also been known to binge-watch Netflix while knitting scarves.

Featured image courtesy of [arpad ikuma via Flickr]

Morgan McMurray

Morgan McMurray is an editor and gender equality blogger based in Seattle, Washington. A 2013 graduate of Iowa State University, she has a Bachelor of Arts in English, Journalism, and International Studies. She spends her free time writing, reading, teaching dance classes, and binge-watching Netflix. Contact Morgan at staff@LawStreetMedia.com.

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