I suppose because fashion trends come and go, the smaller creators, who have gotten their trademark infringed by big companies that by the time they file their suit, their design the big corporation used is already out of their rotation. The Trademark law that was put in place to protect the IP of its citizen like Tuesday Bassen ends up hurting the little guys while benefiting the rich. The design and logos and illustration are trademarked but despite this, it did not automatically protect her when the fashion Giant Zara has sold a line of a design identical to Tuesday’s.ĭespite the law being on her side when she filed suit against Zara for trademark infringement, she still got caught up in litigations, and legal fees for years only for it to eventually end in a mutually satisfactory settlement. Tuesday is a small fashion business owner, and an illustrator and she designs her own clothing and accessory. One of the personal stories from the podcast is Tuesday Bassen. As the Trademark of 1994 states “A trademark may, in particular, consist of words (including names), designs letters, numerals or the shape of goods and their packaging.” Unlike, the copyright law with the exemption of Fair Use in America and Fair Dealings in the United Kingdom, it doesn’t have any exemption whether the logo is used in a transformative matter.Īs clear-cut, and to the point Trademark Law is, it doesn’t always work how it is intended. But in end, it all got caught up to him because even if the Luxury brands of Louis Vuitton, Fendy, and Gucci never made garments or clothes, he was still infringing on their Trademark even if he transforms the logos into something else. He wanted to transform the symbol of luxury into his garments.
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Dapper Dan’s brand is actually using other popular luxury brands’ logos and symbols embossed into his clothes. Because of his interest in style and fashion, he decided in the 80s that he wanted to be part of the fashion business and run his own shop. He has always been stylish and the reason why he calls himself Dapper Dan. The first story is on Daniel Day AKA Dapper Dan, in this podcast he recounts his past self as a hustler, making ends meet, and how he used to sell stolen or knock-off clothes. The podcast explores the stories of two people with their personal experiences of the American Trademark Law. But the main theme of the podcast is the Trademark Law at work in the world of fashion businesses.
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The podcast, in a nutshell, is about the culture of Knockoffs, and how logos, symbols, and brands of established luxury brands have their cultural power over people.
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The Limitation of the Trademark Act: Protection Not Guaranteed.įor this blog, I want to share with you a podcast from 99 Percent Invisible on “Articles of Interest: On Knock offs” by Avery Truffleman.