New York Attorney Speaks From View of "Outside General Counsel," Fashion Lawyer, and other Intellectual Property Concerns

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With Fashion Law Book Preparing for Publication, David H. Faux finishes Winter Presentations and Looks forward to Spring.

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It often results in missed opportunities for the most accurate yet maximum protection of a designer’s intellectual property, because this was not a specialty of the local lawyer. Hopefully, this talk will address this problem.

David H. Faux, “Gent of Fashion Law” and editor of the upcoming book “The ABA’s Legal Guide to Fashion Law,” recently finished his winter presentations and lectures and looks forward to upcoming spring engagements. “The practice of intellectual property law, such as trademark or copyright,” Faux explains, “tends to center around the largest cities in the nation. And lawyers knowledgeable about fashion law generally cannot make a living without doing business in New York City or Los Angeles. So it’s an important contribution to get around the country and talk to other lawyers and local industry leaders.”

In January, Dave Faux participated in a symposium at Vanderbilt Law School in Nashville, TN to discuss the rights of performers and authors, where he spoke, in particular, about copyright licensing contracts. Commenting on this experience, Faux said, “A lot of law students want to learn about entertainment, arts, and fashion law, but rarely hear from practicing lawyers. Even in Nashville, the area is clearly saturated with music lawyers, but less coverage in other, similar fields.”

Dave Faux took part in two events in February. First, he co-organized the panel, “Violations En Vogue: Laws Concerning Models & Interns.” This panel comprised lawyers, models, and book authors to speak about the labor concerns involved in the fashion industry.

Second, Dave Faux traveled to Los Angeles where he spoke about the rights of theatre authors. Says Faux, “This is especially important in Hollywood, where dramatists are often lumped together with screenwriters. But some artists have unions, some are independent contractors, and some are best described as creative entrepreneurs. The standards of one industry almost never match up with the standards of another industry.”

This spring, Dave Faux will lead a webinar called “Fashion and Function in IP.” This course will introduce lawyers around the country to basic concepts of copyright and trademark as pertaining to fashion designers. “A lot of local attorneys will execute copyright or trademark registrations, even though their primary focus is in commercial real estate or corporate governance. This is great—as a courtesy to their existing clients. But it often results in missed opportunities for the most accurate yet maximum protection of a designer’s intellectual property, because this was not a specialty of the local lawyer. Hopefully, this talk will address this problem.” According to some studies, a company’s intellectual property can account for eighty percent (80%) of its marketplace value.

In the summer, Dave Faux will travel to Miami and Chicago to give lectures and meet with existing clients. His home base is at the Law Office of David H. Faux, P.C. located in the Garment District of New York City.

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