Fashion Law: A New Approach
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Fashion Law: A New Approach?
Joanna Buchalska
I. INTRODUCTION
Many different areas of life follow fashion from time to time; as does law. Interest
grows in intellectual property law, and nowadays in fashion law too. The concept
of fashion law has emerged in the past few years in several forums, especially in
the media; but academic institutions are also starting to focus on this legal
phenomenon,' for example by creating a Fashion Law Institute in New York.
Also, one cannot ignore the fact that fashion law is starting to have a huge
impact on our economy. In 2012 alone, the US fashion industry generated over
$330 billion in revenue, with the value growing each year. The strong
interdependence between the fashion industry and business is also easily
observable in the financial aspect of the area.3 The United States' apparel market
is expected to grow from $225 billion in 2012 to $285 billion in 2025, and the
European Union's one from $350 billion in 2012 to $440 billion in 20254.
The existence of a fashion and apparel industry is indisputable and the 'role of
the media in disseminating fashion commentary, public awareness about
prominent fashion designers and the creations of such designers is at an all-time
high.'5 However, fashion law cannot be defined as simply one branch of law; it has
an interdisciplinary effect, covering many branches of law, like intellectual
2 Fashion as Urban Creative Economy: Start-Ups, IP and the Rise of E-Commerce' (Fashion Research Network)
<http://fashionresearchnetwork.co.uk/portfolio/event-fashion-as-urban-creative-economy-start-ups-ip-and-the-rise-of-
e-commerce-5th-may-2016-glasgow-scotland/> accessed 15 June 2016.
3 Ashley E. Hofmeister, 'Louis Vuitton Malletier v Dooney & Bourke, Inc.: Resisting Expansion of Trademark
Protection in the Fashion Industry' [2008] 3 J. Bus. & Tech. L. 187; Kevin V. Tu, 'Counterfeit Fashion: The Interplay
Between Copyright and Trademark Law in Original Fashion Designs and Designer Knockoffs' [2010] 18 TIPLJ 421.
'Global Apparel Market Size projections by region from 2012 to 2025' (Statista) <http://www.statista.com
statistics/ 279757/ apparel-market-size-projections-by-region/ > accessed 15 June 2016; Olivera Medenica, 'The
Importance of Counsel in the Context of the Fashion Industry's Emerging Issues', Navigating Fashion law (Aspatore
2015) 56.
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Fashion Law: A New Approach
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