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Immoral Trademarks Ban is FUCT

In a ruling that was not at all a surprise given its earlier decision allowing the registration offensive marks, the Supreme Court has found that the longstanding prohibition on registering immoral and scandalous trademarks violates the First Amendment. The victory by fashion brand FUCT success is a sign of streetwear’s rapidly growing cultural influence. Not long ago, streetwear synonymous with ASBOs (UK – anti-social behavior orders), danger, and illegality in racially charged trope. Now, street fashion is restyling the law.


9th Annual Symposium – Special Rate

9th Annual Symposium - Special Rate
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2019 Media Mentions



Fashion Law: a área do Direito que Protege as Criações da Moda

Migalhas, December 26, 2017

Confira O Que Rolou No I Congresso De Direito Da Moda Da Oab

Moda Works, December 18, 2017

What a Picture Tells Us About Your Personal Brand

Think Bespoke, December 15, 2017

Allbirds Sues Steve Madden

Business of Fashion, December 13, 2017

New York City Human Rights Commission Holds First Public Hearing on Sexual Harassment In Over 40 Years

Latino Justice, December 8, 2017

Fashion Law: A Comparative Analysis of Fashion Design Protection in The United State, Europe And Nigeria

University of Ilorin

Luxury Brands Win Power to Choose Sales Outlets (Audio)

Bloomberg, December 7, 2017

The Truth about ‘Cultural Appropriation’

ArtReview, December 2017

Emily Ratajkowski Accused of Stealing Designs for New Swimwear Line

UPI, November 29, 2017

Lisa Marie Fernandez Claims Emily Ratajkowski Copied Two of Her Swimsuits

Business of Fashion, November 27, 2017

Bridesmaid Dress Lawsuit Expands Patent Use in Fashion

Bloomberg Law, November 27, 2017

Fashion’s Guilty Secret

The New European, November 19, 2017

Ty masz mnie za głupią dzikuskę*. Zawłaszczanie dorobku kulturalnego mniejszości etnicznych trywializuje ich ból

Wyborcza, November 18, 2017

Panel Sur L’Appropriation Culturelle et le Racisme Systémique – MAI

Québec Danse, November 16, 2017

5 Questions on Fashion Law – Susan Scafidi

LLM Guide, November 13, 2017

Divathíreink: Tésztát Árul A Dolce & Gabbana

Divany, November 12, 2017

Derecho de la Moda

Susy Bello Knoll, November 10, 2017

CanLit’s Colonial Habit: Literature in the Age of Reconciliation and ‘Peak’ Diversity

Literary Review of Canada, November, 2017

When does Cultural Inspiration Become Appropriation in the Fashion World?

South China Morning Post, November 6, 2017

Halloween Special: Culture or Costume?

University of Alberta Faculty Blog, October 31, 2017

The Reality of Cultural Appropriation

Man of the Hour

Non Bastano Delle Treccine E Twerkare A Renderti Nera

The Vision, October 31, 2017

All hat? Rep. Frederica Wilson is a New Halloween Costume Choice

Washington Examiner, October 28, 2017

Is There a Legal Way to Police Cultural Appropriation?

Latino USA, October 27, 2017

No Seas Racista en Halloween

Diario Metro, October, 27, 2017

Don’t be Hurtful on Halloween

Alpha Sigma Tau, October 27, 2017

Why You Can’t Dress Up as Pocahontas

Daily Collegian, October 26, 2017

What Makes a Halloween Costume Offensive? In Baltimore, Debate Rages On

Baltimore Sun, October 26, 2017

Understanding the Protectable IP of Jewelry and Fashion, October 24, 2017

Is it OK for a White Kid to Dress Up as Moana for Halloween? And Other Cultural Appropriation Questions

USA Today, October 23, 2017

You Should Think Twice Before Trying to Make Money Off Social Movements Like #MeToo

Moneyish, October 20, 2017

Cultural Appropriation on Halloween What’s Really Scary

Bronze Magazine, October 19, 2016

Fashion Is Kale: A One-Day Event Celebrating Fashion’s Hidden Heroes

MOMA, October 19, 2017

This Year’s Token Racist Costume

Al Dίa News, October 18, 2017

Sexual Abuse in Modeling: The Outcry Grows: Model Cameron Russell is Shedding light on Decades of Sexual Abuse in the Modeling Industry.

Women’s Wear Daily, October 17, 2017

Entrupy: New Aashion App Tells You if Your Designer Handbag is Fake, October 14, 3017

Dispatch from the Middle East

Fordham Law News, October 13, 2017

Gucci and Forever 21 Lock Horns Over Trademarked Stripes

PacerMonitor, October 12, 2017

Is de Catwalk te Politiek Correct? Ontwerper Marc Jacobs Pareert Kritiek op Creatieve Keuzes

DeMorgen, October 11, 2017

Introduction to Cultural Appropriation

Thought Co., October 11, 2017

WYWIAD Susan Scafidi: „Potrzebujemy prawa, czy może edukacji etyki, które powie nam co jest dobre, a co złe?”

Fashion Biznes, October 7, 2017

Stella McCartney Backlash and The Struggle to ‘Stay Woke’!

Style Vitae, October 6, 2017

Rumble: The Indians Who Rocked The World: “Indians” In The American Imagination: Exploring Cultural Appropriation through Structured Academic Controversy

Teach Rock

It’s Time We Have A Real Talk About Culture-Based Halloween Costumes

Uproxx, October 1, 2017

第3回 学問としてのファッションローの状況

Tokai University, September 30, 2017

10 Practice Areas Where You Can Be an Expert

National Jurist, September 29, 2017

My Foolproof Solution to Being Unemployed: Become a Supermodel

The Spinoff, September 29, 2017

Settimo: non rubare — La Discussione Sull’Appropriazione Culturale è Sempre Più Frequente e Pressante. Risolverla, tra Eccessi e Mancanze, non è Affatto Semplice

La Repubblica Italia, September 27, 2017

¿Qué es el Derecho de la Moda o Fashion Law?

Agnitio, September 25, 2017

If You Shame Them, Will They Pay?

The New York Times, September 20, 2017

Koniec z podróbami! Ta apka rozpozna podrobioną odzież

Radio Zet, September 18, 2017

Jangan Sembarang Beli, Alat Ini Bisa Membedakan Tas Asli dan Tas KW!

Nakita, September 17, 2017

Los Inconvenientes de la Apropiación Cultural

Marcianos mx, September, 2017

Z rentgenem na zakupy. Ten gadżet ma od ręki rozpoznawać podróbki znanych galanteryjnych marek

Inn: Poland, September, 17, 2017

Cultural Appropriation

Post-What, September 13, 2017

Apropriação Cultural E Fashion Law

Além da Imagem, September 13, 2017

Μια startup που εντοπίζει τις τσάντες-απομιμήσεις

Impossible Works, September 11, 2017


Business Week/China, September 10, 2017

Tecnología Ayuda A Distinguir Un Bolso De Lujo Falso De Uno Verdadero: La Solución De Entrupy Es Una Cámara Microscópica Manual Que Permite Que Cualquier Persona Con Un Teléfono Inteligente Registre Un Accesorio De Lujo En Cuestión De Minutos

Magacin, September 9, 2017

New York Fashion Cool-Aid: Fashion Law Institute Breakfast Tackles the Art of the “Cease & Desist” Letter

Look Online, September 9, 2017

LVMH, Kering to Stop Using Size Zero Models

Market Watch, September 7, 2017

This App Spots Fake Designer Goods

The Straits Times, September 7, 2017

Finding Fake Guccis with a Smartphone

Live Mint, September 6, 2017

Entrupy: New Fashion App Tells You if Your Designer Handbag is Fake

Independent, September 5, 2017

This Gadget Tells You If Your Handbag Is a Fake

Bloomberg, September 4, 2017

LVMH and Kering Ban Ultrathin Models

Fox Business, September 6, 2017

Finding Fake Guccis with a Smartphone and a Microscope

The Star, September 6, 2017

Startup Develops Technology to Identify Counterfeit Products

Etcentric, September 6, 2017

Entrupy, Deteksi Keaslian Tas Mewah dalam Hitungan Menit, September 6, 2017

Cultural Appropriation: Whose Culture Is It Anyway, and What About Hybridity?, September 6, 2017

Fashion Law: Becoming an Expert

National Jurist, August 30, 2017

Did Forever 21 Knock Off Wildfang’s Most Famous Shirt?

Portland Monthly, August 29, 2017

France Forcing Corporate Transparency with New Law

WWD, August 22, 2017

Fashion Law Institute’s Bootcamp in Silicon Valley, California – Summer 2017

Medium, August 19, 2017

What is Cultural Appropriation? When is it Wrong to “Borrow” from Another Culture?

Thought Co., August 16, 2017

Troubles at Soundcloud have Led to Worries for Musicians Worldwide

Irish Examiner, August 14, 2017

Gucci Returns Legal Fire to Forever 21 Over Stripes

Salute, August 11, 2017

Gucci Sues Forever 21 for Trademark Infringement

CBS News, August 10, 2017

Fashion Feud: Gucci Claims Forever 21 Copied Its Signature Stripes

CBS New York, August 10, 2017

Gucci Has a Strong Case Against Forever 21’s Stripe Trademark Attempt

Promo Marketing, August 10, 2017

Gucci Escalates Legal Battle with Forever 21

Fashion Industry Network, August 9, 2017

Gucci Escalates Legal Battle with Forever 21

Business of Fashion, August 8, 2017

If SoundCloud Disappears, What Happens to Its Music Culture?

The New York Time Magazine, August 1, 2017

She’s Not Ivanka Trump – She’s AdrienneVittadini! First Daughter’s Fashion Line is being Rebranded and Sold at Discount Stores under another Designer’s Name

Fashion Medias, July 31, 2017

Amazon is Working Around Brands to Obtain Stock—And It’s Legal

Sourcing Journal, July 24, 2017

Por Que Nomear A Sua Empresa Com O Seu Nome Pode Ser Uma Decisão Ruim?

Estudio Marcas, July 17, 2017

Is Cultural Appropriation Ever Appropriate?

Los Angeles Review of Books, July 15, 2017

Embracing Indigenous Culture Vs Cultural Appropriation – Where Does the Line Sit?

Haka Tours, July 14, 2017

Gucci Versus Forever 21:
Legal Fashion Experts Disagree on Alleged ‘Knockoff’ Drama

Forbes, July 11, 2017

EXO Kai’s Dreadlocks Spark Debate on Cultural Appropriation

International Business Times, July 11, 2017

Why Asian People Can’t Eat Cheeseburgers

Squawker, July 1, 2017

Kylie And Kendall Jenner Attracts Heavy Backlash for Disrespecting Tupac and Notorious B.I.G., June 30, 2017

Kendall + Kylie Slapped Tupac and Biggie on $125 T-Shirts with Their Own Faces

Yahoo Style, June 29, 2017

Why You Should Never Name a Company after Yourself, June 28, 2017

The World-Saving Reason Men Should Wear Shorts to Work

Time Magazine, June 28, 2017

Surfwear Brand O’Neill Seeks to Block Thaddeus O’Neil’s Trademark

Business of Fashion, June 27, 2017

At the new Norfolk Premium Outlets, you could save money. But do you know what you’re buying?

The Virginian-Pilot, June 27, 2017

It’s ‘Cultural Appropriation’ All the Way Down

The Weekly Standard, June 19, 2017

In Defense of Cultural Appropriation

The New York Times, June 14, 2017

Is Social Media the New Court of Law for Fashion Copycats?

Market Watch, June 9, 2017

7 Signs You Are Buying a Counterfeit Product

Kiplinger, June 9, 2017

Ivanka Trump’s Line Secretly Relabeled as Adrienne Vittadini

The Grio, May 8, 2017

You Can Relabel Ivanka Trump’s Fashion Line, but You Can’t Hide It

Marketplace, April 27, 2017

Ivanka Trump’s Brand was Purposely Mislabeled Under Another Name at Stein Mart

Huffington Post, April 24, 2017

Amidst Backlash, Ivanka Trump Clothing is Secretly Relabelled as Adrienne Vittadini

Business of Fashion, April 24, 2017

Whoopi Goldberg is Missing the Point About Cultural Appropriation

Refinery29, April 7, 2017

Fashion Frontiers

Fordham Law News, April 5, 2017

Who’s Guilty When It Comes to Crimes of Cultural Appropriation?

Daily Beast, April 5, 2017

New York Fashion Cool-Aid by Laurel Marcus

Look Online: Daily Fashion Report, April 3, 2017

Fashion and Government Need Closer Ties, Maloney Says

WWD, April 1, 2017

Cultural Appropriation: The line between appreciation and exploitation

Odyssey, April 17, 2017

Freedom of Expression: United, Puma and the Leggings Furor

NY Times, March 30, 2017

Think Tank: Is Your Company’s Dress Code Illegal

WWD (Author: Professor Scafidi), March 29, 2017

Adios a la Corbata y Hola a lo “Casual”

Diario Presente, March 27, 2017

The Perks of Being a Coffee Seller – Star Box

The IP Kat, March 24, 2017

Attorneys Cheer (and Jeer) High Court’s Cheerleading Outfit Copyright Holding

Supreme Court Copyright Could Be a Coup for Fashion

WWD, March 22, 2017

Etats-Unis : La Justice Redéfinit le Droit d’Auteur du Secteur Textile

Agence France Presse, March 22, 2017

The Supreme Court Says the Iconic American Cheerleading Uniform Design is Protected by Copyright Law, March 22, 2017

Go Team! US Supreme Court Upholds Patent for Cheerleader Garb

Yahoo News, March 22, 2017

Major Retailers Have a History of Copying Designs, as Dallas Artists Are Learning Firsthand

Dallas Observer, March 21, 2017

ITC Botched Chuck Taylor Ruling, Fashion Companies Say

Law 360, March 8, 2017

Overwatch’s Lunar New Year Event Is Not Cultural Appropriation

Kotaku, March 3, 2017

9th Annual Symposium

Fashion Law Bootcamp - New York and Silicon Valley

If you have not registered and are a member of the media (with credentials) planning to cover this event, please email us at

Join us for the highlight of the fashion law calendar: our 9th Annual Symposium on April 12th!

DATE: April 12, 2019
TIME: 9am-6pm
PLACE: Fordham Law School, 150 W. 62nd Street
NYS CLE: 6.5 hours total (4.5 professional practice,
transitional & non-transitional, 1.0 diversity, inclusion, and elimination of bias; and 1.0 ethics)


  • Kenneth Anand, YEEZY Apparel
  • Diana Bernal, Retail Consultant
  • Meryl Bernstein, Hogan Lovells
  • Claire Bing and Vanessa A. Nadal, Esq., Professors of Cosmetics Regulation, Fordham
  • Lissa Bourjolly, Centric Brands
  • Mary Kate Brennan, Dentons
  • Angela Byun, Condé Nast
  • Ron Coleman, Mandelbaum Salsburg
  • Cristina Del Valle, Metropolitan Museum of Art
  • Deborah Farone, Farone Advisors
  • Sarah Feingold, First lawyer at Etsy and Vroom
  • Douriean Fletcher, Jewelry designer for Black Panther
  • Chris Giglio, HL Strategic Solutions
  • Robin Gruber, Chanel
  • Nick Hawkins, Under Armour
  • Chi Kim, Balenciaga
  • Cindy Levitt, Mad Engine; Licensing Industry Merchandisers' Association (LIMA)
  • Tony Liu and Lindsey Schuyler, Diet Prada
  • Krina Merchant, Province Brands
  • Adrienne T. Montes, Gabay & Bowler
  • Casey O’Connor and Dan Tasse, Stitch Fix
  • Aleksandra Petkovic, Shearman & Sterling
  • Nicole Piccirillo, Sam Edelman
  • Grace Sacro and Brittny-Jade Saunders, NYC Commission on Human Rights
  • Professor Susan Scafidi, Fashion Law Institute
  • David Stark, Artestar; Keith Haring Foundation
  • Professor Olivier Sylvain, Fordham School of Law
  • Jeff Trexler, Moda Legal
  • Sara Yood, Jewelers Vigilance Committee
  • Staci Zaretsky, Above the Law



Legal Realism: Designers' IP and the ethics of attorney advertising

Who are you wearing – and is it your client? Legal ethics rules on traditional attorney advertising can seem straightforward, but fashion lawyers in particular face the temptation to brand themselves as fashion mavens and post on social media about style, their sometime fashion clients, and other labels -- at times using trademarks, designs, storefront or studio backgrounds, and runway images. Sit front row as this panel goes beyond old ethics rules to contemporary legal marketing, offering not only an assessment of the law and the rules but also a broader look at how fashion lawyers can and should sell themselves.

Keeping It Real: Streetwear, street art, cannabis, and the law of breaking the rules

Streetwear, street art, even some street drugs – outsider art and culture in various forms are redefining the fashion mainstream. But what does it mean to be “street,” and is that moniker a simple descriptor, an insult, or an assertion of authenticity? Why is street style so compelling that it is influencing everyone from traditional European fashion houses to mass market retailers, and what is the effect of this widespread appropriation? How can a fashion-related enterprise with street roots maintain an authentic transgressive identity while reaching a broad audience? What are the legal complications of engaging in a guerrilla marketing campaign or incorporating graffiti or “aerosol art” and cannabis into fashion, personal care, and other consumer lifestyle products? Ultimately, what are the social, cultural, and legal challenges of keeping it real?

Real Deals: Secrets of effective licensing and collaborations

Why settle for one brand when two will do? Whether designer x retailer, influencer x fashion house, or luxury label x contemporary or mass market company, highly publicized collaborations are driving the fashion industry. At the same time, traditional licensing continues to serve as a source of expansion and revenue for both existing and emerging brands. What are the secrets of a successful partnership in today’s market? Are there pros and cons of licensing versus collaboration? Do fashion labels risk diluting their brand value and identity through multiple licenses or collaborations? How can a company determine whether a proposed partnership is a match made in heaven or an unholy alliance? And is the current collaboration craze a temporary trend or the new normal? This limited-edition panel is brought to you by the letter X.


Hyperreality: AI, privacy, and virtual retail

Is your on-trend designer, insightful stylist, or simpatico sales assistant actually an algorithm? Are virtual and augmented reality the key to reinvigorating retail? Artificial intelligence, virtual reality, and new hybrids are useful tools for predicting what consumers want, allowing customers to try on clothes without ever reaching for a zipper, and even staying one step ahead of counterfeiters – especially when these technologies are refined through access to large volumes of data such as sales figures, product reviews, and social media commentary. Privacy concerns have arisen, however, in the wake of data leaks and increased public awareness of the systematic collection and storage of both personally identifiable and aggregate data.  How have the E.U.’s GDPR and subsequent legislation changed the nascent use of AI and VR in fashion? Has the law caught up with the need to protect not only consumers but also both human and virtual creators and their creations? In other words, is the law prepared for the future of fashion?

Real Possibilities: Recent developments in fashion law

Fashion is all about new, now, next, and the law moves almost as fast as the industry. This lightning-round panel will keep you on the cutting edge of developing issues including how to navigate the transformed landscape of retail real estate and the counterintuitive resurgence of luxury malls; antitrust investigations in the U.S. and E.U.; trademark trials and tribulations ranging from the FUCT case pending before the U.S. Supreme Court to ongoing litigation over retail resale and authenticity; competing cosmetics regulation bills under consideration in Congress; and the Federal Trade Commission’s entry into the debate over whether lab-grown diamonds are “real.”

Really? Dolce & Gabbana, Galliano, and other unfashionable faux pas

Call-out culture has raised awareness of racially and ethnically sensitive issues, but despite a steady stream of social media attention to inflammatory incidents and unfortunate products, the fashion industry as a whole is struggling to adapt. How have brands responded to backlash? What is the appropriate response to a public relations crisis, beyond a standard apology? How can innovative inclusivity initiatives change the face of fashion? And what are the newest employment laws and regulations lighting the way?



9th Annual Symposium Sponsors

Inside Look at In-House 4 tweet with a photo of the panelists at Inside-Out 4: Fashion's In-House Counsel on What Keeps Them Awake at Night

Click through for more from Daily Fashion Report’s Laurel Marcus on our fourth annual in-house counsel panel!

Fashion Week is always a good time to check in with Professor Susan Scalfidi Fashion Law Institute at Fordham University. On Friday morning I did just that with “Inside Out 4,” a breakfast panel featuring seven seemingly bright-eyed lawyers discussing the invigorating question: “What Keeps Fashion’s In-House Counsel Awake at Night?” Undoubtedly these individuals often forgo their beauty rest due to a number of worries. Some examples of these include new and ever-changing technology (cybersecurity, A.I. for instance); complying with advertising regulations; securing customer privacy and big data; and the levying of international tariffs.

Others mentioned additional obstacles to getting some “shut-eye:” YouTubers posing as content creators, often in direct conflict with digital or print media; constantly trying to avoid missteps involving cultural appropriation; “inspiration” vs. copying issues; violations of copyrights on fashion and art; liability issues from loan agreements regarding fragile works of art or fashion; and class action wage lawsuits involving things as simple as employee bag searches which occur before time clocks are punched. Whew! I’m exhausted just listing these items.