A practical guide to fashion law and compliance / Deanna Clark-Esposito.
2018
KF3409.C56 C57 2018 (Map It)
On loan from Cellar, due 16. May 2025
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Items
Details
Title
A practical guide to fashion law and compliance / Deanna Clark-Esposito.
Published
New York, NY : Fairchild Books, Bloomsbury Publishing Inc., 2018.
Copyright
©2018
Call Number
KF3409.C56 C57 2018
Edition
First edition.
ISBN
9781501322891 (paperback)
1501322893 (paperback)
9781501322907 (e-pdf)
1501322893 (paperback)
9781501322907 (e-pdf)
Description
xx, 210 pages ; 24 cm
System Control No.
(OCoLC)982529809
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
List of illustrations
xiii
List of boxes and table
xv
Acknowledgments
xvii
Preface
xix
1.
Fashion law for a global industry Fashion's legal framework
1
timeframes to consider for legal compliance
2
US system of federal and state law
2
One's obligation to know the law
4
Fashion compliance: Translating legal obligations into business practices
5
Elements of a fashion compliance program
6
When to use a lawyer
7
Using the law to capture opportunities
9
When is the right time to license your intellectual property?
10
2.
Consumer safety and product labeling guidance
15
Labeling legalities
15
general requirements for label disclosures
16
Products subject to following the textile and wool label rules
18
Making fiber content disclosures
18
Using generic fiber names
18
Listing fibers in order of predominance
19
Fiber disclosures when product composed of miscellaneous cloth scraps
22
Exceptions to the fiber disclosure requirement
23
Use of term 'All" or "100%"
25
Use of term "virgin" and "new"
25
Country of origin identification
25
Made in USA
26
Registered Identification Number
26
Using a substitute label to identify the actual RN# holder
27
care labeling rule
27
AS TMs Standard Guide for Care Symbols
28
Special issues when dealing with fur products
29
Using fur-bearing animal names and symbols
29
Violations, enforcement and penalties for non-compliance
30
Misbranding
30
Recordkeeping requirements
30
Penalties
31
Resources for more information
31
3.
Intellectual property: Protection, enforcement and hidden issues
36
Protecting intellectual property in the US
36
Copyright protection and the fashion industry
37
Trademarks
39
Protection and USPTO registration
41
Trademark protections attained through USPTO registration
41
Classes of goods and services
42
Maintaining trademark rights after you have obtained them
43
trade dress category
44
Obtaining patent protection
44
Global intellectual property protection
49
International trademark registration
49
International patent classification
50
Additional IP protection through registration with US Customs
50
Stop knock offs at the border with US Customs IP registration
51
US Customs and gray market goods
51
Staying informed about intellectual property and fashion
52
Resources for more information
53
4.
Marketing compliance for the fashion industry
59
Who is regulating marketing claims?
59
What kind of fashion marketing is at issue?
60
FTC policy on deceptive advertising
62
"Unqualified" vs. "qualified" marketing claims
62
"net impression" standard
63
When deception occurs-categories of deceptive ads
64
Guidance on digital advertising
65
Endorsements and testimonials in advertising
65
Native advertising
67
Making permissible country of origin and "Made in USA" claims
67
"Qualified" versus "unqualified" US origin claims
68
FTCs country of origin rule on fashion merchandise
69
"Green," "eco-friendly" and other sustainable fashion marketing claims
69
Environmental marketing claims touted in the fashion industry
70
Recycled content claims
71
Guidelines for online representations of overseas shipping
72
Violations and penalties for non-compliance
72
Considerations for your own marketing compliance
73
FTC electronic resources for more information
73
5.
Flammability testing and issues specific to children's products
78
Flammability Standard and its purpose
79
Flammability and surface textile fabrics
79
Flammability testing
79
Exemptions from flammability testing
80
Exempted fabrics
80
Exempt products
81
Guaranties that wearing apparel and fabrics are non-flammable
81
Initial guaranties of non-flammability
82
separate guaranty of non-flammability
82
use of a continuing guaranty and its filing requirement
82
Requirement for a certificate of compliance
83
Content and form of certificate
83
recordkeeping requirement under the flammability rules
84
Recordkeeping requirement of importers of flammable fabrics or apparel
85
Enforcing the flammability laws
85
Penalties
85
concern over children's product safety
86
Who is regulating issues related to children's apparel?
86
Identifying requirements on children's products
86
Children's sleepwear and flammability issues
87
Children's sleepwear and infant garments
88
Hazards recognized with children's products
88
Lead paint and other surface coatings
88
Lead content
89
Other children's hazards-drawstrings
90
Requirement to test and certify children's products
91
Periodic testing plan and testing interval
91
Reliance on component part testing
91
How to find a test company
92
Mandatory tracking label rule
92
Record keeping for children's apparel and products
92
Violations and penalties for non-compliance with children's rules
93
Applicability of laws to small batch producers
93
6.
Importing fashion merchandise
100
Importing 101-a global system
100
Who are the WCO and WTO?
101
basic predicates to any importation
102
US Customs and the HTSUS
102
country of origin and marking requirement
106
Value
108
Getting your goods "cleared" through customs
109
Making a "formal" entry
110
Imports and fashion merchandise
111
What is fashion compliance for importers?
112
CITES and US fish and wildlife declarations
113
Record keeping requirements of CBP and CPSC
114
Principles of fair trade
115
Ethical fashion in the realm of fair international trade
115
Resources for more information
117
7.
Exporting for the fashion industry
121
overview of the US export system and process
122
US Customs 'ACE" Portal
122
Export data-shipment information
124
parties to an export transaction
126
Principal parties in interest
126
AES filing by an exporter's agent
128
Commodities identification
129
Schedule B number
130
Additional AES filing requirements and exceptions
132
exception to filing EEI: E-commerce exports of low value
132
Record-keeping requirements for exporters
133
Preparing a product's webpage for shipping to foreign destinations
133
Resources for more information
135
8.
Working with logistics and transportation providers
139
Planning the journey
140
Preparing your cargo for shipping: Packaging integrity
140
Packaging for omni-channel distribution
141
Insuring the cargo
143
role of the transportation intermediary
144
Freight forwarder services
145
Non-vessel-operating common carrier (NVOCC) services
146
Obtaining price quotes on a shipment
147
Modes of transport
148
Transportation by vessel
148
Transportation by air
149
Transportation by truck or rail
150
Incoterms
150
9.
Incorporating sustainable fashion principles
156
Which comes first: Business or vision?
157
Shaping the vision for a different tomorrow
157
evolution of the notion of "sustainable fashion"
158
Sustainable practices and attitudes towards fashion
159
Drafting a meaningful mission statement
161
Considerations toward sustainable design
165
Reality bites-challenges to running a "sustainable" business
166
"Scaling in" sustainable practices into your business
167
When customer opinion shapes business decisions
168
Connecting consumers to the brand- incorporating sustainable practices into the retail story
169
Resources for more information
169
10.
Emerging fashion industry issues
172
emergence of "fashion tech" and wearable technology
172
Online technologies and fashion
173
Fashion incubators and accelerators
174
Fashion incubators
174
Fashion accelerators
175
Preparing the application
177
Financing and funding the fashion business
177
Traditional methods of finance
177
Crowdfunding the fashion venture
178
Traditional corporate forms and the new "benefit corporation"
182
S-Corporation
182
C-Corporation
183
Limited liability corporation
183
benefit corporation
184
Glossary
188
Index
199