FOR IMMEDIATE RELEASE: UC Hastings to Host Inaugural Fashion Law Panel Moderated by Fashion Lawyer Uduak Oduok

(SAN JOSE, Jan. 9th, 2013) – On Thursday January 17th, 2013, The University of California Hastings College of the Law will host the first ever Fashion Law Panel in Northern California. The free event, which also plans to provide MCLE credit for attorneys attending, will be held at 200 Mc Allister Street, Hastings campus, from 6:00-7:15pm, with a reception to follow right after.

The event, co-produced and organized by Ebitu Law Group, P.C. (ELG), will be moderated by the firm’s Partner and Hastings alumni Uduak Oduok.

“I am delighted to return to Hastings after twelve years of graduating from the school to introduce the emerging field of fashion law to students, faculty and fellow colleagues,” said Oduok whose twenty years experience in the fashion industry encompasses fashion modeling, media, publishing, fashion production, branding, public relations and law.

“Hastings which is one of the top law schools in the country is uniquely positioned to push the emerging field of fashion law in Northern California. The school is located in San Francisco where Levi’s and The Gap, two global apparel brands, are headquartered.”

Indeed Oduok is right. Hastings boasts the #1 Moot court program in the country, the school has produced more judges than any other law school in California and as of this January 2013, The National Jurist ranked UC Hastings Chancellor & Dean Frank H. Wu as the most influential dean in legal education, #3 in the nation among legal educators and advocates influencing the ongoing debate about legal education.

Joining Oduok at the Hastings Fashion Law Panel are Mariessa Terrell, an attorney at SBC Law Group and former trademark attorney for the US Patent and Trademark Office, and Staci Riordan, a Partner and Chair for the Fashion Law Practice Group at Fox Rothschild, LLP.

“I am proud to be a part of the growth of the Fashion Law Movement and honored to be a part of this historic panel at UC Hastings College of the Law,” said Riordan. Riordan, who is also a former apparel industry executive, professor and descendant of a long line of garment makers, prepares to teach the first fashion law course at the newly formed fashion law program at Loyola Marrymount School of Law this January, a first in California.

Also joining the panel is San Francisco’s leading fashion designer Brian Scheyer of gr.dano. “It’s both exciting and promising that the Bay Area’s fashion community has grown to the level that it now warrants a discussion on Fashion Law,” said Scheyer who will provide the much needed perspective and insight on the fashion industry for attorneys and law students looking to work with fashion designers in the future.

For more information, visit www.ebitulawgrp.com.

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About Ebitu Law Group, P.C.
Founded in 2012, Ebitu Law Group (ELG), a Professional Corporation, is an experienced firm committed to the pursuit of legal excellence and client service. The firm remains uncompromising in delivering quality, compassionate and affordable solutions to its clients’ legal problems. The firm offers legal services in several practice areas including Fashion and Entertainment Law, Business Law and Litigation.

Contacts
Ebitu Law Group, P.C.
Uduak Oduok, Esq.
916-361-6506
(uduak@ebitulawgrp.com)
www.ebitulawgrp.com.

Ebitu Law Group, P.C.

In Association with

U.C Hastings College of the Law Entertainment & Communications Law Journal

Presents
The First Ever Northern California Fashion Law Panel

Date: January 17th, 2013
Time: 6:00pm-7:15pm

Location: 200 McAllister Street
San Francisco, California 94102

Cost: FREE

Event Description: Fashion Law is an exciting and emerging field slowly gaining the attention of the legal industry, the media and the fashion world. But, what exactly is fashion law? What do fashion lawyers do? What about fashion designers? What situations in the operation of a fashion design business require the services of fashion lawyers? How can law students and lawyers interested in fashion law gain entrance into the field? Come listen to our experienced panelists answer these questions and more!

Moderator
Uduak Oduok, Fashion Model Turned Attorney/Partner at Ebitu Law Group, P.C

Panelists
Staci Riordan, Partner and Chair of Fashion Law Practice Group at Fox Rothschild, LLP

Brian Scheyer, Fashion Designer of Leading San Francisco Fashion Brand Gr. Dano

Mariessa Terrell, IP Attorney & Founder SBC IP Law Group, Founder Fashion Law and Policy Center

NOTE: Reception to follow.

Ebitu Law Group, P.C.

In Association with

U.C Hastings College of the Law Entertainment & Communications Law Journal

Presents
The First Ever Northern California Fashion Law Panel

Date: January 17th, 2013
Time: 6:00pm-7:15pm

Location: 200 McAllister Street
San Francisco, California 94102

Room: TBD/Coming Soon

Cost: FREE

Event Description: Fashion Law is an exciting and emerging field slowly gaining the attention of the legal industry, the media and the fashion world. But, what exactly is fashion law? What do fashion lawyers do? What about fashion designers? What situations in the operation of a fashion design business require the services of fashion lawyers? How can law students and lawyers interested in fashion law gain entrance into the field? Come listen to our experienced panelists answer these questions and more!

Moderator
Uduak Oduok, Fashion Model Turned Attorney/Partner at Ebitu Law Group, P.C

Panelists
Staci Riordan, Partner and Chair of Fashion Law Practice Group at Fox Rothschild, LLP

Brian Scheyer, Fashion Designer of Leading San Francisco Fashion Brand Gr. Dano

Mariessa Terrell, IP Attorney & Founder SBC IP Law Group, Founder Fashion Law and Policy Center

NOTE: Reception to follow.

*******

OFFICIAL FLYER & MORE DETAILS COMING SOON!

“It pays to be beautiful, but it may not pay as much as it should. That’s the contention in a $20 million class-action suit against some of New York’s top modeling and advertising agencies, including Ford Models, Next Management and Wilhelmina.

The suit, filed on behalf of 31-year-old American model Louisa Raske and other unnamed male and female models, claims that the modeling agencies failed to provide accurate account statements and concealed money received on the models’ behalf.

“We’ve alleged that the modeling agencies are unjustly enriching themselves by using money interest-free that belongs to the models,” Skip Taylor, lead counsel for Raske, told ABC News.

The main problem, the suit asserts, is that the agencies mix their own funds with the money held on the model’s behalf, which allows them to use that money on their own behalf, with “little fear of being discovered,” the suit alleges.
Another issue is that models aren’t represented by the same agency for their entire careers. Typically, a contract lasts about three years, and then the model moves on to another management company.

So, if for example, an advertising agency wants to continue to use a model’s photo on a particular product after she has left the modeling company, the modeling company will simply forge her signature or pretend that it had contacted the model and was “legally allowed to move forward with the business transaction,” the suit alleges. And since models aren’t aware that their image is being used again, they might not know that they are owed more money and so they “never demand or receive payment.”

ABC has the full story.

In case you missed it, check out my appearance on ALJAZEERA’s “Reshaping Beauty” Show.

Topic: “Reshaping Beauty”

“They say beauty is in the eye of the beholder, but based on Western media portrayals a beautiful woman is usually 180 centimetres and weighs 50 kilograms. As women and men on the covers of magazines become thinner, eating disorders become bigger. So, do you associate being overweight with being ugly? And does this standard dictate non-Western perceptions of the ideal body?”

Cheers,
Uduak

Photocredit: Arun Nevader

Hi Folks,

I have been quite busy hence my limited entries on fashion law topics here on fashionentlaw.com. I do have updates from some of the fashion law events I have spoken at, including Delta College’s ‘Meet the Fashion Industry Insiders’ and the Sacramento Fashion Week Model Workshop where I spoke about modeling and the law.

In the meantime, in a few hours, I will be on Aljazeera discussing the definitions of the standard of beauty,  fashion models and the law and invite you all to please check it out as it streams online. Details follow:

“On Monday, October 22, at 19:30 GMT / 3:30 PM EST:

They say beauty is in the eye of the beholder, but based on Western media portrayals a beautiful woman is usually 180 centimetres and weighs 50 kilograms. As women and men on the covers of magazines become thinner, eating disorders become bigger. So, do you associate being overweight with being ugly? And does this standard dictate non-Western perceptions of the ideal body?

In this episode of The Stream, we speak to:

Dana Edell @SPARKsummit
Executive Director, SPARK Movement
sparksummit.com

Uduak Oduok @uduaklaw
Fashion lawyer and ex-model
ebitulawgrp.com

WATCH HERE at 3:30pm EST  - http://www.stream.aljazeera.com/story/reshaping-beauty “

I shared this case with you all last week but it gets even more interesting by the moment. THR,Esq. does an excellent job with the legal analysis and reporting so there is no need for me to go into much details here. Read excerpt below:

“Just when the controversy over Innocence of Muslims could hardly get more interesting, it has. The film already has set off riots in the Middle East and North Africa, free speech debates around the world and, after actress Cindy Lee Garcia sued the creators of the film and YouTube, a controversy over the rights of movie producers.

Garcia was unsuccessful last week in getting a California state court judge to order YouTube to take down the controversial film, but that hasn’t ended things. Garcia refiled her case in federal court Wednesday, asserting even more claims that she did the first time around, her lawyer says.

On top of fraud, unfair business practices and libel — among other causes of action — she’s now asserting copyright claims.

In doing so, Garcia aims to make some history. She wants to prove that actors are entitled to a piece of the copyright when “authoring” their performances on film. Further, she continues to fight YouTube, this time asserting that the video-sharing giant cannot lean on the safe harbor provision of the Digital Millennium Copyright Act because it failed to expeditiously remove the video at the behest of a copyright owner — namely, her.

And if all that isn’t sufficiently compelling, Garcia also is suing the individuals who have reposted the video on YouTube.

THR,Esq. has the full story.

-Uduak
@uduaklaw

Photocredit: Thenewstribe.com/CC Image

The article below a is a good one that talks about the growing litigation involving copyright infringement of fabric prints/designs.

“Colorholic is a Los Angeles business that designs and develops artwork used on T-shirts, blouses, pants, skirts dresses and vests.

Sometime last year, the owner of Colorholic, In Ja Kim, said he noticed that Forever 21; its sister store, Forever XXI; and its online e-commerce site allegedly were selling hundreds of thousands of pieces of clothing that employed at least 10 of his copyrighted artwork pieces on dresses, tops and tunics.

Kim, in a lawsuit filed in August in U.S. District Court, is now seeking damages from Forever 21 for copyright infringement, false designation of origin and unfair business practices.

Forever 21’s lawyers have yet to file a response to the lawsuit. Colorholic’s case is just one of dozens of legal actions filed against Forever 21 for copyright infringement. But other major retailers—including Target, Abercrombie & Fitch and Charlotte Russe—are also in the hot seat.

In the last seven years, the number of copyright-infringement cases filed in Los Angeles involving clothing companies and print designers has mushroomed to hundreds of cases. . .”

Apparelnews.net has the full story.

-Uduak
@uduaklaw

Okay! Industry! The Maybelline lawsuit story has been floating on the web for some days now and it was just a matter of getting to it. Now I am ready. So, let’s talk about it folks.

A group of women are suing Maybelline for false advertising because they say a brand of lipstick Maybelline promises last for hours, does not.

They have sued in a Manhattan Federal court for claims that they say are “misleading, inaccurate and deceptive.” The lip gloss does not last for hours but instead “wear off and fade after only a few hours of wear.”

According to them, “Maybelline overstates and misrepresent the staying power of its Super Stay products as a means to induce consumers to purchase the product.”

What do they want?

They want to turn this case into a class action i.e. find have a large group of women who are dissatisfied with the lip gloss join them in suing Maybelline. There is power in numbers, not so? The of course also want monetary damages for the alleged false advertising claim.

FASHIONENTLAW.com COMMNENTARY

I recall using a lipstick that lasted for hours, way back in the days, when the color stay concept was first introduced. I can’t remember which brand it was. I just knew, after my first experience, I would never do so again. Why? It seemed enticing at the time but when I thought about it, it made no sense why I would want a chemical product that may or may not be harmful to me, in the future, on my lips for over 10hours. It really made no sense. I am still of the same opinion today. We women are already competing with so many chemicals we introduce into our bodies that we learn, much later, are cancer causing: from our hair sprays to deodorants, and the list goes on. I am not sure I want to deal with a study a decade or two down the line that may suggest harmful effects of wearing such long lasting lipsticks. So, I choose, as a practical matter, to avoid such products.

Independent of worrying about the future implications of a health issue that may or may not surface, I must say I enjoy Maybelline products, the non-color stay products, that is. I believe it was in 2009 when I was at New York Fashion Week wearing my other hat as a Journalist that I really got hooked on the brand. MAC Cosmetics had been the official makeup sponsor for Mercedes Benz New York Fashion Week for years. All of a sudden, Maybelline showed up. I walked past the Maybelline booth and did a double take. The models were wearing  the sexiest red lipstick color I had ever seen. What was even more exciting was that they were models of various shades and colors, from Black to White fashion models, and they all looked VERY hot. They handed out a sample of their VERY Cherry red lipstick and I have been sold on that ever since. I continue to get lots of complements when I rock that lipstick. It’s a yum color and ladies, I suggest you check it out.

Maybelline also continues to be the official makeup sponsor at Mercedes Benz Fashion, enjoying more exposure and publicity.

Okay, enough on that. Let’s get to the legal claim of false advertising.

What is False Advertising?

When you make untrue or misleading statements in connection with the marketing and promotion of your goods and services, you are essentially engaging in false advertising.

What Law Governs?

1. Federal Trade Commission Act

2. False Advertising State Laws

3. Federal Unfair Competition Laws

4. The Lanham Act

Let’s hone in on the Federal Trade Commission Act listed above.

What does the FTC Act Say?

The gist of the relevant parts we care about are as follows:

1. When you advertise, you gotta tell the truth and it cannot be deceptive.

2. If you make claims, you gotta have the evidence to back up your claims; and

3. Your advertising cannot be unfair.

For California, here is what the Unfair Business Competition law section 17500 says: “It is unlawful for any person, firm, corporation or association, or any employee thereof with intent directly or indirectly to . . . to make or disseminate or cause to be made or disseminated from this state before the public in any state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, including over the Internet, any statement, concerning that real or personal property or those services, professional or otherwise, or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, or for any person, firm, or corporation to so make or disseminate or cause to be so made or disseminated any such statement as part of a plan or scheme with the intent not to sell that personal property or those services, professional or otherwise, so advertised at the price stated therein, or as so advertised. Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. .  .”

Notice California even makes it a misdemeanor crime. Finally, you have probably heard of puffery. Puffery is different from making an express claim that a lipstick will stay on for 14hours. Puffery could be, “wear Maybelline lipstick and you will glow in the dark.” No one truly believes such a statement. It is puffery.

Maybelline vehemently denies the allegation by the Plaintiffs and have sworn to fight this case vigorously. We will see how it all shakes out in this lipstick case.

-Uduak
@uduaklaw
Photocredit: Maybelline lip gloss promotional ad

If you did not know better, you would think Fashion Law was ONLY about designers and was limited strictly to intellectual property law, specifically Trademark law. We’ve heard a lot about “fashion law, fashion law, fashion law.” There is such excitement as the niche continues to grow. However, practically all discussions, so far, are focused on fashion designers. Designers, I love you all, especially having worn some of your garments and strutted on runways in them.

However, while designers are important in fashion law, the fashion law picture is simply  incomplete without the necessary workers that make the fashion world go around, the models!

Today, we are focusing on our models.

Models, where are you? Raise your hands real high so I can see you all. Great! I see my model girlfriends in New York and California smiling and waiving at me. *Hello ladies!  I’m smiling and waiving right back at you all.* Models, when it comes to fashion law, you all would agree with me that our roles should not be relegated to being just human coat hangers as it has been and continues to be in the fashion industry in general. In fact, as models, most of us experience issues that would cause consternation to any fashion model lawyer worth his or her salt. Often, the law needs to step in right from when you sign that modeling contract to when you show up for work with your agency’s client that you were fortunate to book through castings.

That is where I come in, to educate you about the law specific to the modeling industry. I will  kick off discussions on what can best be termed as “Fashion Modeling Law” on October 6th, 2012, at Sacramento Fashion Week’s ‘Model Workshop.’  Sacramento is the heart of where legislation and laws protecting fashion models and the fashion industry in general takes place. So, it is only fitting it is the place a true discussion on fashion modeling law, from a fellow model, should begin.

By the way, most of you already know or should know that California houses two power cities for fashion: Los Angeles and San Francisco. Sacramento is a good place to really build a focus around the fashion industry and the law, from a policy perspective.

For both modeling agencies and models reading this outside of California, if you want me in your states and cities to speak on Modeling Law, feel free to contact me at (uduak@ebitulawgrp.com).

So, what should  models who will make it to the model workshop expect at my upcoming speaking engagement:

What to Expect in my Discussions on Fashion Modeling Law 
I will discuss the legal issues that models have had to face and do face in the modeling world. My discussions will, assuming time permits, include:

• Understanding your legal status as a model i.e. independent contractor vs. employee ;
• Understanding the model contracts you sign i.e. exclusive vs. non-exclusive contracts;
• Having a well drafted “exit” or termination clause in your contract in case your relationship does not work out with your modeling agency;
• Negotiating a modeling agency and management agreement that makes sense for you;
• Understanding model release forms and work made for hire agreements;
• Intellectual property rights that affects you as a model;
• Right of Publicity i.e. use of your image, likeness and voice as a model, especially in a client’s marketing, advertising and promotion campaign;
• Understanding the fine print on that voucher/timesheet that you have that client sign each time you complete work;
• Basic labor and employment law issues affecting models, including discrimination and sexual harassment issues; and
• Frauds/scams perpetrated on models.

Come hear a real model who is also an attorney talk about legal issues that affect models. For parents with models who are underage, this is a good workshop to also come to.  I look forward to seeing you all.

Cheers,
-Uduak
Twitter: @uduaklaw

Photocredit: Arun Nevader (Pic 1 &2), Peter Z. (Pic 3), Beau Jones (Pic 4)