Gucci and Guess settle 9-year long legal battle over logo
Gucci and Guess' nine-year battle over the letter G has finally come to an end. The two warring fashion brands announced that they have now signed a joint agreement that will bring an end to all pending litigations in all countries around the globe.
Gucci and Guess' nine-year legal battle over the letter G has finally come to an end.
The two warring fashion brands announced that they have now signed a joint agreement that will bring an end to all pending litigations in all countries around the globe.
The terms of the agreement were not disclosed, but in a joint statement, Gucci and Guess have said: "The agreement is an important step for both companies in recognising the significance of protecting their respective intellectual property portfolios and design creativity."
The companies fight for ownership of designs and logo's featuring two interlocking letter Gs started in 2009 in the U.S. District Court for the Southern District of New York, where Gucci sued Guess for counterfeiting and trademark infringement accusing Guess of trying to “Gucci-ize” and “Gucci-fy” its product line by selling products, namely wallets, belts, shoes and other items whose designs copied or mimicked its own. Gucci argued that this had resulted in a loss of profit.
In the original lawsuit, at issue was whether Guess infringed on Gucci’s rights by using a variety of design elements, including a block letter “G,” a combination of green-and-red stripes and diamond-logoed motifs. In 2012, Gucci awarded $4.7 million in damages from Guess over trademark infringement. A victory for the brand, but still a long way from the $221 million (£140 million) the fashion house was hoping to win.
In 2012, Gucci awarded $4.7 million in damages from Guess over trademark infringement. A victory for the brand, but still a long way from the $221 million (£140 million) the fashion house was hoping to win..
The U.S District Court made a finding of infringement in favour of the fashion brand Gucci in respect of four (out of five of their) trademark infringement claims: (i) Gucci’s green-red-green stripe mark; (ii) a script logo (the repeating GG pattern); (iii) a stylized “Square G”; and (iv) a group of four interlocking “G”s known as a “Quattro G.”
Notably, Judge Scheindlin, however, denied Gucci’s claim of counterfeiting, noting that “courts have uniformly restricted trademark counterfeiting claims to those situations where entire products have been copied stitch-for-stitch.” Confirming that Guess had diluted the Gucci brands' trademarked logo rather than counterfeited it. Such a finding can also be related to the marginal payout in damages that the brand received. Gucci's entitlement to damages was therefore with regard to an account of profits - the profits gained in sales as opposed to also including damages in the form harm to brand value.
Since then, the dispute has escalated with Gucci filing several more lawsuits. Judges in Milan and Paris ruled in favour of Guess, but Gucci won favour in Australia and China.
Off-White™ Case Reaches Settlement
Court documents were filed mid-April reporting the settlement, which is still subject to court approval. The settlement appears to be a victory for the Off-White™ who were seeking in the amount of 2 million dollars in damages for each instance of alleged infringement of goods sold, distributed and/or offered for sale.
A settlement has been reached in light of Off-White™ trademark infringement claims against 161 online sellers trading on the e-commence auction website Wish.com for allegedly selling counterfeit merchandise, making use of its trademarked stripe and arrow designs, as well as the Off-White name.
Court documents were filed mid-April reporting the settlement, which is still subject to court approval. The settlement appears to be a victory for the Off-White™ brand who were seeking in the amount of 2 million dollars in damages for each instance of alleged infringement of goods sold, distributed and/or offered for sale on the website.
Virgil Abloh, the founder of the five-year-old luxury streetwear brand Off-White™ filed its suit late in March 2018 in the in New York federal court. According to the original suit "in light of Off-White’s success, the Off-White Products, as well as the reputation they gained…have become targets for unscrupulous individuals and entities that wish to exploit the goodwill, reputation and fame that Off-White amassed in its Off-White Products and Off-White."
For those familiar with brand, the mainstream success has been due in part to the commercially successful collections, social media as well cult like following.
In a declaration filed to the court, Abloh who has recently been appointed by LVMH Louis Vuitton Moët Hennessy to lead men’s wear at Louis Vuitton, said that "the success of the Off-White Products is due in part to Off-White’s marketing and promotional efforts." Which according to Abloh "include advertising and promotion through social media, Off-White’s website, retailer websites and other internet-based and print advertising, among other efforts domestically and abroad, including New York." Asserting that "Off-White’s efforts, the quality of its Off-White Products, its marketing, promotion and distribution efforts, and the word-of-mouth buzz generated by its consumers" is what has "made the Off-White Products and Off-White Marks prominently placed in the minds of the public," which associate them exclusively with Off-White.
According Abloh, the Founder and creative director Off-White™ the defendants misconduct has allegedly "resulted in lost profits to Off-White and damaged the inherent value of the Off-White Marks, impaired Off-White’s reputation for providing high-quality products, diluted Off-White’s brand and the goodwill" and even negatively affected "Off-White’s relationships with current customers including both retail and end consumers and its ability to attract new customers."
Along with Off-White™'s multi-million dollar request for damages, Off-White™ was asking the court for a preliminary injunction that would prevent the accused sellers from continuing operating on Wish.com during the pending litigation, (which is standard in infringement complaints like this though the defendant) Wish.com had subsequently asked the court to reduce Off-White™'s injunction request and to partially lift the temporary restraining order already imposed on the sellers, arguing that it creates “undue restraints on non-infringing conduct” on the platform.
Recent developments
Since the filing of the original lawsuit, according to court documents released in April it appears that the parties have reached a settlement. In a letter recently filed to the courts on behalf of the Plaintiff Off-White™, the parties report that they have come to a settlement and agreed upon all material terms. Accordingly, pending consummation of the agreed settlement, Off-White™ requests that the Court maintain the existing Preliminary Injunction Order.
It is expected that the parties will execute the settlement agreement and comply with its terms within a specified timeframe whereupon Off-White™ will then file a Voluntary Notice of Dismissal thereby terminating the Preliminary Injunction.
This isn’t the first time the streetwear brand Off-White™ has been embroiled in legal action. Last year, the label was involved in a trademark lawsuit against Paige denim over its diagonal stripe design. However, a New York District Judge Jed S. Rakoff dismissed Off-White's case on the infringement matter, stating the lawsuit was too "hypothetical scenario" without any particular disputed use of the Off-White diagonal marks in question before the court.
Is It Time For Vogue To Adopt An African Edition...
The British Supermodel Naomi Campbell has spoken out saying that Vogue magazine should launch an African edition to recognise the continent’s contribution to a global fashion industry that has been criticised for its lack of diversity.
The British Supermodel Naomi Campbell has spoken out saying that Vogue magazine should launch an African edition to recognize the continent’s contribution to a global fashion industry that has been criticized for its lack of diversity.
Campbell, who was visiting Nigeria’s commercial capital, Lagos, to appear on the runway at Arise Fashion Week last month, said there was a need for better representation of the continent.
“There should be a Vogue Africa,” she told Reuters in an interview. “We just had Vogue Arabia - it is the next progression. It has to be,” she said, referring to the edition of the magazine aimed at a readership in the Middle East that launched last year.
“Africa has never had the opportunity to be out there and their fabrics and their materials and their designs be accepted on the global platform ... it shouldn’t be that way,” said the British-born Campbell...People have come to realize it is not about the color of your skin to define if you can do the job or not,” said the model, adding she had seen signs that the fashion industry was becoming more diverse such as the appointment of Edward Enninful as British Vogue’s editor-in-chief in April last year.
Last week, LVMH’s Louis Vuitton brand, the biggest revenue driver at the French luxury goods group, said it had hired Ghanaian-American Virgil Abloh to design its menswear collections.
Reporting by Alexis Akwagyiram and Editing by Peter Cooney for Reuters and additional Editing by Fashion, Law & Business.
Condé Nast College of Fashion announces two new MA degrees
The Condé Nast College of Fashion & Design has announced its first postgraduate programme, with two new Masters courses commencing later this year. The MA in Luxury Brand Management and the MA Fashion Media Practice.
The Condé Nast College of Fashion & Design has announced its first postgraduate programme, with two new Masters courses commencing later this year. The MA in Luxury Brand Management and the MA Fashion Media Practice.
The industry-focused MA programme - offers three possible pathways, all of which focus on the core area of Condé Nast’s media expertise - media business, fashion journalism and creative direction and incorporates talks and masterclasses from leading professionals including notable members of academia. A limited number of work experience places at Condé Nast will also be available to the highest achieving students on this course.
Susie Forbes, Principal of the Condé Nast College of Fashion & Design says, “We are very excited to now be offering postgraduate provision and look forward to welcoming our first cohort of students in October this year.”
College Dean Angela Jones adds, “This is an innovative programme that offers genuine insight and access to opportunities in fashion and media. As a practice-oriented master’s each of the three distinct subject options provides a balanced educational experience that connects industry with academia.”
Condé Nast International Announces Code Of Conduct To Protect Models Against Harassment
Condé Nast International the publishers of British Vogue, GQ, Glamour, Vanity Fair (among other titles) has announced a new Code of Conduct “to safeguard the dignity and well-being of all who work with its brands” to be actioned with immediate effect.
Condé Nast International the publishers of British Vogue, GQ, Glamour, Vanity Fair (among other titles) has announced a new Code of Conduct “to safeguard the dignity and well-being of all who work with its brands” to be actioned with immediate effect.
The Code of Conduct builds upon an existing 2012 Model Health Initiative and provides practical protections for models and guidelines for photo shoots, and comes after several sexual-misconduct allegations raised against industry insiders - including Condé collaborators Mario Testino and Bruce Weber.
According to a statement from British Vogue, Condé Nast has been working on the requirements of the Code of Conduct since October 2017- when news of Harvey Weinstein broke concerning accusations of sexual misconduct. Since then the publishing house has consulted over 150 industry professionals to create a guideline for the protection of models.
Notably, as per British Vogue - Condé Nast International included two guidelines for the relationship between a photographer and a model and includes a clause that states:
We recommend that a model should not be alone with a photographer, makeup artist or other contributor participating in a Condé Nast shoot.
Throughout the shoot, including any related travel, photographers and videographers may not shoot anyone engaged by or through Condé Nast other than as requested by Condé Nast.
Condé Nast International has pledged to “terminate its working relationship” with individuals whose actions violate the code. “We are committed to collaborating to find solutions to the problem of sexual harassment in our industry,” the chairman and chief executive of Condé Nast International Jonathan Newhouse commented in a statement to Vogue.com. “By adopting these recommendations all those involved in the creative process will be doing their part to ensure a safe and respectful work environment.”
The recent action follows a model charter created and signed in September 2017, even before the Weinstein exposé, as industry leaders the two luxury fashion groups: LVMH Moët Hennessy Louis Vuitton and Kering (owners of notable fashion brands including Gucci, Saint Laurent, Balenciaga, Dior, Fendi & Alexander McQueen) joined forces on the issue to create a charter for models intended to guarantee better working conditions and well-being, in light of condemnation over the treatment of models in the fashion world. The charter, said to be implemented over upcoming Fashion Weeks - details rules about the employment of models, including those regarding nudity, health, age, consent and recourse.
Others are also adopting their own measures to protect models include IMG Models, home to Gigi Hadid and Karlie Kloss, whom have also recently updated its existing “Model Protection” instructions and the action coincides with legislative bills being introduced in New York and California that aim to address ways to protect models from sexual harassment.
The recently updated Condé Nast Code of Conduct will be rolled out to all partners “companies and vendors working with Condé Nast” and stipulate that:
- All models on set must be 18 years old. Where exceptions need to be made - such as when children are essential a story - they must be accompanied by an agency-provided chaperone.
- Any shoot requiring nudity, sheer clothing, lingerie, swimwear, animals, simulated drug or alcohol use or sexually suggestive poses must be signed off in advance by the subject. No shoot participant may be under the influence of alcohol or illegal drugs.
- A private dressing space must be provided to every subject on set. At all other times, subjects should not be left alone with a photographer, makeup artist or any other participant any time during a shoot.
In conjunction with the new guidelines, a committee of senior Condé Nast executives has been established to review any complaints brought forward. Should the committee discover any violations to the Code did occur, the company pledges to immediately terminate its working relationship with the individual in violation, and ensure that all other necessary steps will be taken.
The code of conduct is an advancement for models and the full Code of Conduct can be read below.
Condé Nast Code of Conduct: No Harassment or Discrimination
Everyone working on projects for Condé Nast should be treated with dignity and respect. All work done for Condé Nast must be performed in a professional manner, free of any form of discrimination or harassment. Any inappropriate conduct toward others, including but not limited to that based on an individual’s sex, race, color, weight, body shape, size, religion, national origin, ancestry, age, marital or domestic-partnership status, disability, sexual orientation, or gender identity or expression, will not be tolerated.
We expect that all companies and vendors working with Condé Nast have clearly communicated equal employment opportunity and anti-harassment policies. Condé Nast may request a copy of these policies.
Shoot Guidelines
Photo and video shoots must be professional environments. Any disrespectful or inappropriate conduct toward others, including but not limited to that based on an individual’s sex, race, colour, weight, body shape, size, religion, national origin, ancestry, age, marital or domestic-partnership status, disability, sexual orientation, or gender identity or expression, will not be tolerated.
Every shoot performed for Condé Nast must adhere to the following guidelines:
All models must be at least 18 years old. Exceptions will be made for subjects appearing as themselves as part of a profile or news report. In the event a shoot calls for subjects younger than 18, a chaperone must be provided by the agency, and the agency must ensure compliance with any applicable labour laws, including child labour laws.
All work performed during a photo or video shoot must be in compliance with applicable laws and regulations, including but not limited to labour, wage and hour, and immigration laws.
Photo shoot participants may not be under the influence of alcohol or illegal drugs (including unauthorised prescription drugs), and the consumption or use of alcohol and illegal drugs (including the misuse of prescription drugs) on the premises of a shoot is strictly prohibited
A brief describing any nudity, sheer clothing, lingerie, swimwear, animals, simulated drug or alcohol use or sexually suggestive poses planned to be incorporated in a shoot will be distributed to all concerned parties and must be agreed to in advance by the subject of the images. All attendees at the shoot will be notified of any planned nudity
A private dressing space must be available to everyone appearing in a shoot.
If sheer clothing is to be included, appropriate undergarments must be provided unless otherwise agreed to in advance by the subject of the images.
Any concerns a subject has regarding the amount of skin exposure of wardrobe must be considered, and no subject should be pressured to expose themselves more than they feel comfortable.
While Condé Nast maintains control over creative and aesthetic decisions, any concerns of a subject’s agent or other representative should be given respectful consideration.
We recommend that a model should not be alone with a photographer, makeup artist or other contributor participating in a Condé Nast shoot.
Throughout the shoot, including any related travel, photographers and videographers may not shoot anyone engaged by or through Condé Nast other than as requested by Condé Nast.
All participants in a photo or video shoot must act professionally and refrain from harassment of any kind. Unacceptable conduct includes but is not limited to the following:
Sexual advances or propositions.
Any type of sexual activity or contact.
Any suggestion, direct or implied, that submission to or rejection of sexual advances will affect an individual’s ability to perform services for the shoot or any other Condé Nast project.
Display of pornographic or obscene material.
Offensive comments regarding a person’s sex, race, color, weight, body shape, size, religion, national origin, ancestry, age, disability, sexual orientation, or gender identity or expression, including epithets and slurs.
Physical threats or assaults.
Anyone who has concerns about conduct occurring on a photo shoot may contact the Condé Nast contact listed on the call sheet for the shoot that has been provided and/or posted on-set.
Read full code of conduct here
Her Majesty The Queen Makes Surprise Appearance at London Fashion Week
The young British designer, who’s worked at Michael Van Der Ham, Christian Dior, and Richard James, received a surprise visit during his AW18 show from her Majesty the Queen for first time in her reign to present him with the inaugural Queen Elizabeth II Award for British Design.
The young British designer, who’s worked at Michael Van Der Ham, Christian Dior, and Richard James, received a surprise visit during his AW18 show from her Majesty the Queen for first time in her reign as Queen, to present him with the inaugural Queen Elizabeth II Award for British Design - "as a tribute to the industry," and "new, young talent" who "have contributed to British fashion," she said.
The award, initiated in recognition of the role the fashion industry plays in society and diplomacy, will be handed annually to an emerging British fashion designer who shows exceptional talent and originality, while demonstrating value to the community and/or strong sustainable policies, according to the British Fashion Council. The London-based designer Quinn is the first to receive the Queen Elizabeth II Award for British Design. The award was originally thought up by Angela Kelly - personal advisor to Her Majesty, and the British Fashion Council was instrumental in hand picking him for the prize.
Her Majesty toured the London based Designer Showrooms down at Strand meeting other designers before presenting Quinn with the award on the final day of London Fashion Week, which has brought hundreds of designers, buyers and press to London for a series of catwalk displays, presentations and events.
The emerging designer Richard Quinn holds a B.A. and M.A. from Central Saint Martins, and graduated from the M.A. program in 2016, going onto later launch his line that year. His evocative show included a model wearing what looked to be a decorated green motorcycle helmet with a dark visor along with black and white polka dot leggings and a gauzy top with different size dots, with models faces covered with elaborate print designed headscarfs.
The show was attended by Wintour, Naomi Campbell, designer Stella McCartney among other personage part of the fashion scene.
The award will further help support new talent.
Update Feb 22nd: (article updated to amend an earlier typo - to read 'courtesy of AP Press.')
Remembering Azzedine Alaïa; Fashion's Genius
One of the few modern day couturiers, Alaia was a true genius, best known for his masterful craftsmanship , tailoring and his uncompromising authenticity. His death has prompted an outpouring of tributes from the fashion world, which were posted on social media...
French-Tunisian designer Azzedine Alaia has died at the age of 85, and the fashion industry are mourning his death. Born in Tunisia in 1935, Alaïa came to Paris in 1957 to work with Christian Dior, living in the “chambre de bonne” of Comtesse Nicole de Blégiers. News spread, among the French bourgeoisie and he discreetly and independently rose to the helm with an early client list that included the writer Louise de Vilmorin, Cécile and Marie-Hélène de Rothschild, and the actress Arletty. He opened his own maison in 1979.
One of the few modern day couturiers, Alaia was a true genius, best known for his masterful craftsmanship , tailoring and his uncompromising authenticity. His death has prompted an outpouring of tributes from the fashion world.
Learning from Alaia
Alaia was very well-known for playing by his own rules and going at his own pace. Here are a few of our favourite quotes from him on everything from fashion, to business, his craftsmanship, to the accelerated pace of the industry.
On His Craftmanship: “The basis is always the woman, the body you dress...I’m not thinking about being fashion-y or revolutionary. I don’t think about making something that is ‘Alaïa’. I never think about that. I never thought about being a famous designer or a couturier. I admire women because it’s thanks to them that I do what I do. I’m not interested in the noise around fashion. When I make dresses for women, for my friends, and I see that I’m making them feel beautiful, when I see that they’re happy, I’m happy too. I am always happy to see women happy. "
On His Design Process: "We start by researching the fabrics, the materials. The style of a house, when there’s a style to it, remains steady. Chanel, for example, is about a suit. Her silhouette has stayed from the beginning until now. I try to follow the times and to follow the women, above all."
On The Fashion System: “Fashion is arrogant, a reflection of our time – politically, economically. We have to try to understand why it is like that. We have to respect it even if it seems distorted. Today time is so accelerated and that’s not good for creation. We keep producing more and more. We expand. Sometimes I’m even against the timeless collection. I think it’s almost stupid. And when you see that you sell more of that… I find that not very good. Of course I would like to have more time for more fulfilling work. But I understand it. I accept it because it is the way it is.” (In an interview with Susannah Frankel)
On The Changing Nature and Pace of the Fashion System: “It’s not creation anymore. This becomes a purely industrial approach... the rhythm of collections is so stupid. It’s unsustainable. There are too many collections.”
On Management, Business Decisions and Showing His Collections After Paris Fashion Week: "The truth is, I work more than all the others. That’s the difference. I don’t do eight collections, but I’m implicated in everything from the beginning to the end."
How many collections do you design a year? "Four. That’s already the maximum. And that’s why a lot of designers break down. There is a huge loss of creativity."
On The Relevance of Fashion Shows: "We don’t do big shows. We do shows for the buyers and for the press. It works. If it didn’t, people wouldn’t be placing orders and our business wouldn’t be growing. If there are no good clothes, customers don’t buy in the stores. My rhythm is like this. I don’t mock what the others do.
"I don’t do fashion just for the show. I have done it in the past, but I stopped. There are other problems to solve, so I moved away from such frivolous things. I give myself time, as much as I need. I am not afraid to lose. As I say, you need one miracle piece – nobody can do a ton of great clothes. And Alaïa is expensive, like couture – it’s luxurious, like all high fashion brands. I don’t know why people in fashion don’t treat it as luxury anymore."
On The Practice of Fashion Copying : "There are too many copies at the moment...when designers appropriate ideas from others and journalists don’t say anything at all, it’s not right. For example, this season with Roberto Cavalli, it’s incredible and journalists, nobody, has noticed a direct copy of my 1985 dress that Tina Turner wore. People told me not to say anything. Everybody has forgotten, even Hervé Léger with the bandage dresses. Now it’s become a summer special for them, and nobody says anything. Journalists shoot it. Although typically, no, they should refuse to shoot when it’s things like these.... it’s with the lawyers now. And there’s another Italian, he has copied everything, everything, everything I do. We sued him a while ago and he did it again. It’s not good. You have to take action because it’s not right."
On Creativity and Design Inspiration: "I don’t think really new ideas can come out every two months. It’s not possible. That’s why now there is a lot of vintage. There’s too much vintage — in all the houses, it’s too much. We don’t have good ideas every day, it’s not possible. Nobody has new ideas every day. When you have one in the year, that’s already good."
"Creativity should be the only concern. But today there is no time for creativity; nobody has time to develop a special silhouette or a special fabric. Of course there are a few exceptions, like what Nicolas Ghesquière does at Balenciaga, or Alber Elbaz at Lanvin. But designers working for big houses like Dior or Vuitton have no time to reflect. We can’t just squeeze the young talents out like lemons and then throw them away. Four collections for women, four collections for men, another four collections to sell, and everything needs do be done within four-five months — it’s a one-way course towards emptiness. It’s inhuman."
On Fashion Burnout And Going At Your Own Pace: "I will show other clothes, if I have the time to develop them. I refuse to work in a static rhythm. Why should I sacrifice my creativity to that? That’s not fashion, that’s industrial work. We can hire people to design all day long and then fabricate what they design and sell and sell and sell — but that has nothing to do with fashion, with la mode. And it’s a shame talents are being abused for this. I really don’t understand that. I have to live as well. That’s what life is about: living. Tell me how these designers who work for the major houses can have lives? How can they raise children if they are never home? They are gone for one, sometimes two months, while their children have to go to school. They have husbands, wives, but they can’t live their lives. People need time for that, and talents need time to create something. It’s stupid to ask someone to create eight collections per season. Look what has happened to John Galliano or this poor young guy from Balmain, who is now in a psychiatric hospital. After five or six seasons, he was already broken. Or last year, McQueen — dead. And there are many more that are just so tired. There is a pressure that is mad."
On Fashion Burnout and The Accelerated Pace of the Fashion System: "Yes, it’s a system that’s a heavy load for young designers. There’s nothing you can do about it: The industry became this way and it’s almost inhumane, the amount of work today...there’s not a lot of designers who can handle the workload...very few can handle it. It’s a life that’s too accelerated."
On Remaining Independent and His Advice to Young Designers: "No, it’s over being really independent, unless you have enormous means. Otherwise it’s difficult. The proof? All the good designers work in big houses. They’re not with their own names, their own brands."
On Newcomers And Getting Ahead In Fashion: "New talents, like Haider Ackermann, really have to watch out for themselves. The decision for someone like him is hard — to be approached by a big maison and then say no. But signing a big contract is like signing a contract with the devil today. He can’t do his collection and do, for example, collections for Dior. Of course there are exceptions, like Karl Lagerfeld — he can do Fendi, he can do Chanel, he can do photos, film, Diet Coke — but that’s something very different. There is just one Karl Lagerfeld — it’s a whole other system."
On Fashion Today: "I can only speak for myself, but for a long time now the system of fashion has had nothing to do with our time — it doesn’t suit our time at all. The world is changing rapidly. We see the proof of change every day in the news. Young people want change in this industry, too, yet we continue, just like in the 19th century, to do défilés. There is no need – no interest, really. We could do fewer collections and obtain the same results. We don’t lose any money if we do less."
On The Future: "I think day-by-day only. The future is obscure for me. Everything can change in life."
Metamorphosis; Edward Enninful Addresses Fashions Diversity Problem With His Debut Cover For British Vogue
British Vogue is addressing its diversity issue with new editor-in-chief Edward Enninful revealing his first ever British Vogue cover, featuring 25-year-old Ghanaian-British model Adwoa Aboah. The much anticipated December 2017 issue...
British Vogue is addressing its diversity issue with new editor-in-chief Edward Enninful revealing his first ever British Vogue cover, featuring 25-year-old Ghanaian-British model Adwoa Aboah.
The much anticipated December 2017 issue - marks the beginning of a new era at the magazine, as Vogue takes a new turn - with Enninful having previously pledged that under his reign as editor-in-chief that more diversity will be embraced. The cover, starring Adwoa Aboah, styled by Edward Enninful and photographed by Steven Meisel, according to Vogue "will land on newsstands on November 10." And along with rising model Adwoa Aboah, feautures Victoria Beckham, Letitia Wright, Glenda Jackson, Grace Coddington, Millie Bobby Brown, Christopher Bailey, Gwendoline Christie and Jourdan Dunn, among more.
Enninful, awarded an OBE for services to diversity in fashion in 2016, has highlighted his desire to further increase diversity at the renowned high fashion publication and true to his word has done just that, with this months feauture cover.
Speaking to the BBC Enninful said: “My Vogue is about being inclusive, it’s about diversity. Showing different women, different body shapes, different races, class...tackling gender."
"You are going to see all different colours, shapes, ages, genders, religions. That I am very excited about. You are going to see less of models who don’t look so healthy.”
Referring to his desire to "create a magazine that was open and friendly."
Signalling A Change In The Fashion Industry?
This comes as a momental juncture for the fashion publication, as Vogue has long been criticised for failing to represent diversity. In the past 12 years and 146 Vogue covers that have been shot under the reign of respected industry pioneer and former editor Alexandra Shulman - not one of those have featured a model of colour, and addressing this lack of diversity in fashion, Shulman previously has blamed this on the consumer arguing that: "in a society where the mass of the consumers are white and where, on the whole, mainstream ideas sell, it’s unlikely there will be a huge rise in the number of leading black models."
Yet however, other editors like the late Franca Sozanni have chosen to deal with the issue of diversity head on - using her position of influence and power as editor of Italian Vogue to inspire and change the face of the fashion - for example, producing an all black issue of Vogue Italia and winning the Swarovski Award for Positive Change in 2016 for taking on big issues such as “diversity, ecology and feminism” and also for her “tireless commitment to fundraising for local and international charities.”
"We cannot use only these girls who are the same," Sozzani says. "We go to the East Side and Russia. We go looking for tall, thin and blue eyes. But we have to scout in Africa, everywhere."
That brings us to the question of how and in what ways culture is produced?
Metamorphosis
As scholar Sally Engle Merry writes, “every discourse contains a more or less coherent set of categories and theories of action: a vocabulary for naming events and persons and a theory for explaining actions and relationships. . . . Discourses are rooted in particular institutions and embody their culture. Actors operate within one or another available discourses”
But we forget that discourses are also constructed and as Barthes and Bourdieu would probably agree have the ability to construct and also reinforce culture.
Whereas, only a few years ago it was rare to see a model of colour featured in a runway lineup, today, the spotlight on models of colour is increasing. As Aleydis Nissen, PhD researcher at Cardiff University notes - "Enninful, is the first in a new generation of editors who understand the power they have to change the whole fashion industry."
Glamour Magazine Ad Banned As "Irresponsible" For Featuring 'Unhealthily Underweight' Model
An ad seen in Glamour Magazine for Condé Nast Traveller has been banned by the Advertising Standards Authority (ASA) for featuring a model that looks "unhealthily thin." The the advert, featuring a slim female model posing on a beach...
An ad seen in Glamour Magazine for Condé Nast Traveller has been banned by the Advertising Standards Authority (ASA) for featuring a model that looks "unhealthily thin."
The the advert, featuring a slim female model posing on a beach, came to the ASA’s attention after a Glamour reader issued a formal complaint to the ASA challenging whether "the ad was socially irresponsible."
In the ASA's ruling published today, the regulator found that the ad breached rules regarding responsible advertising and has banned the advert for appearing again “in its current form” and called on the publishers to “ensure that in the future their ads were prepared responsibly.”
In response to the complaint: "Condé Nast Traveller Magazine said that their ‘postcard of the day’ feature (shown above) was a tool used to engage with current readers and newcomers to their website...the image in the ad was a still taken during a fashion shoot for a feature aimed at an older audience of Traveller readers. They said that particular image...was chosen for this ad as it evoked a mood of escapism, with the model shown stretching towards the sun....they acknowledged that the model’s stance accentuated her height and slender legs but said that there were no protruding bones and that the model was naturally slim and in proportion."
In the decision, the ASA: "acknowledged that the ad was for a travel magazine and that its focus was not supposed to be on the model or her clothes; however...considered that the model was the focal point of the image, therefore...concluded that the ad made the model look unhealthily thin and that the ad was irresponsible."
In their assessment, the regulator took particular issue with way in which: "the model’s pose and the particular lighting effect in the ad drew particular focus to the model’s chest, where her rib cage was visible" and "to her legs, where her thighs and knees appeared a similar width, and which looked very thin." Concluding that "the model appeared unhealthily underweight in the image."
Complaints about ads promoting irresponsible body image tend to focus on the thinness of the model used in the ad, and these complaints are considered in light of the Code rules on social responsibility that require that marketing communications are prepared with a sense of responsibility to consumers and to society.
In reponse, Glamour Magazine has held that: "internal house advertisements are run in good faith and...they did not believe the shape of the model was very relevant to the ad as a whole." However stating that: "they...would take care when reviewing ad choices in the future."
Marketing and promotion is big business in the fashion realm and brands are coming under increased scrutiny by the ASA for ads that objectify or inappropriately sexualize people including ads which suggest that it’s acceptable for young women to be unhealthily thin.
In 2016, a Gucci ad was banned by the ASA for the use of thin models, though the Italian fashion house argued that perception of thinness was subjective.
In another recent ruling, an ad for Yves Saint Laurent, which featured an image of a model lying on the floor with her hands on her head, was considered socially irresponsible for depicting a model who appeared to be unhealthily thin. This was because the lighting in the ad drew attention to her chest, where her ribcage appeared prominent, and to her legs, where the large platform shoes she was wearing created a contrast with, and accentuated the thinness of her thighs. (Yves Saint Laurent SAS, 15 June 2015).
UK advertising expenditure is around £21.4bn. From a commercial perspective, advertising campaigns are costly - so when depicting a model, it is worth brands thinking about the ad as a whole to avoid the costs of having to pull a campaign.
However, as the ASA notes, it’s important to make clear that: "whilst the ASA does uphold ads which depict models in a way which makes them appear unhealthily thin, the use of thin models itself is not automatically considered socially irresponsible." In 2014, a complaint about an ad for Yves Saint Laurent was not upheld because, whilst the model in the ad was wearing a short dress which revealed very long and slim legs, her legs appeared to be in proportion with her body and did not appear to be unhealthily thin. (Yves Saint Laurent SAS 07 May 2014)."
The ASA has also recently introduced (earlier this year) a tougher line on ads that feature stereotypical gender roles or characteristics in a report on Gender Stereotyping called “Depictions, Perceptions and Harm”, which provides an evidence-based case for stronger regulation of ads that feature stereotypical gender roles or characteristics that might cause harm which comes as additional thing for brands to think about when marketing, communicating and promoting ads on or off-line.
Christian Louboutin Red Sole Trademark Heads Back To Court
The latest development in the red sole saga continues. 5 months after the Advocate General's opinion on 22 June 2017 here, the Christian Louboutin red sole case is now appears to be making its way back to courts, with the CJEU deciding to re-open the case...
The latest development in the red sole saga continues…
5 months after the Advocate General's opinion on 22 June 2017 here, the Christian Louboutin red sole case now appears to be making its way back to courts, with the CJEU exercising judgment to re-open the case.
In summation, the case concerns Louboutin's 2010 Benelux registration for "the colour red (Pantone 18 1663TP) applied to the sole of a shoe as shown above. In 2012 Dutch shoe maker Van Haren also released its own shoe with a red sole. Louboutin later sued the Dutch shoemaker for trademark infringement. The first judgment was in Louboutin's favour and the case reached the Court of Justice of the European Union after Van Haren appealed against a 2013 Dutch court ruling that it should stop manufacturing and selling black and blue shoes with red soles. On appeal, Van Haren challenged the validity of Louboutin's trade mark, under Article 3(1)(e)(iii) of the Trade Marks Directive (2008/95/EC), which prevents registration of any sign which consists exclusively of a "shape which gives substantial value to the goods". Van Haren argued that the colour red conforms to the shape of the shoes and gives them substantial value.
In order to decide on the matter, the Dutch court; the Rechtbank Den Haag (District Court of The Hague) referred to the CJEU for a preliminary ruling to determine whether the notion of ‘shape’ is limited to the three-dimensional properties goods, such as their contours, measurements and volume or whether it includes other (non three-dimensional) properties of the goods, such as their colour.
The CJEU Advocate General, Maciej Szpunar issued an opinion that indicated that the Louboutin "mark at issue is better conceptualised as a mark consisting of the shape of the goods and seeking to protect a certain colour in relation to that shape."
And confirmed: "that the presence of a colour applied to an element of the surface of the goods can be regarded as a characteristic reflected in the shape of the goods."
The Advocate General, Maciej Szpunar supported his approach with reference to the adoption of the new Trade Mark Directive 2015/2436, Article 4(1)(e) of which refers to ‘the shape, or another characteristic [of the goods].’ Stating that with “regards signs consisting of the shape and colour of the goods, which may be registered under both the old and the new regime, the addition of the reference to ‘another characteristic [of the goods]’ can be interpreted in two ways: it can be understood as changing the law applicable to such signs, or simply as clarifying it.” Thus effectively closing the case on the matter. Given the divergence in approaches around the EU regarding trademark law, guidance by the Court of Justice of the EU (CJEU) on this point had been eagerly awaited - though it still left some confused...as to when colour can be regarding as a shape?
Now, after hearing the Advocate General on the matter, the courts have deemed it necessary to order the reopening of the oral part of the procedure, with the case re-returning to the CJEU requesting the parties to attend a new hearing, where advocate General, Maciej Szpunar will deliver another oral opinion - this is rather unusual. The case has now been assigned to the court’s Grand Chamber due to issues of principle concerning European Union trade mark law and will be composed of a greater number of judges.
The hearing date is 14th November 2017.
More on this case over the coming days…