Monday, April 30, 2012

Funny legal letters & giveaway winner announced!

Since Etsy sells fashion, I consider this fun piece of legal gossip appropriate fashion law news ;) 
 Below these funny letters I announce my Hermès and gift card giveaway winner!  

  • Overly simplified background: An Etsy seller received a lot of backlash from people who discovered her items were not actually handmade by her. This Etsy seller is married to a lawyer. 

[Enter Cease and Desist Letter]
(Via Above the Law writer who got it via Regretsy.)

From the Office of:
Howard Roy Schechter Attorneys
State Bar of California #58828
10866 Wilshire Blvd, Los Angeles, CA, 90024
Ref.: Ecologica Furniture Mariana C. Schechter
We have discovered that you are source of the negative comments posted on etsy.com and on your personal Facebook account. You understand that you may think reflect a true state of facts. We further understand that you may think that some sort of privilege may exist to comments made on the internet that you are somehow protected against slander liable and unfair competition as well as other torts. Be advised that the allegations that you and other have made are completely false. All Ecologica’s products are handmade and all other miscellaneous charges are equally false.
It goes without saying that is obvious from your comments that your intention is harm us in a trade or business. There’s no privilege to utter falsehoods on the internet.
Were one of the statements to be true, truth would be absolute defense. Many of the people making these comments are wreck less fools but the burden of proof is on the person making the comment each of which may be sued individually requiring separate counsel or at our election in such group as we decide. Obviously jurisdiction will lie in California with venue in Los Angeles. There is a requirement under California law that a retraction filled immediately upon request may mitigate damages. So you are hereby notified, and I failure to retract under certain circumstances allows for allegations of punitive damage which will certainly be our intention.
Those of you who have business or business contact with etsy.com are also committing the TORT OF UNFAIR COMPETITION. Some of the egregious comments may also be considered ASSAULT or INTENTIONAL INFLICTION OF EMOTIONAL INJURY which always carry punitive damage some of the direct treats are also crimes under California law, and if they are repeated we shall immediately contact the Los Angeles Police Department and the District Attorney’s Office.
If you are currently represented by an attorney, request hereby made for his name address and telephone number. If you fail to provide this information we will be forced to conclude that you are unrepresented by an attorney and serve you personally should any litigation and sue.
If any of you communicate and assist each other this may well constitute the crime of conspiracy under CA and Federal Law.
If you hold any state license in any state you reside or do business these comments may be grounds from discipline, be further advised that the law is most state is that “a tale bearer has the same responsibility as the a tale maker”, so there’s no defense that you are only repeating something you heard elsewhere.
I am hopeful that your comments were an inadvertent error and will be retracted as this might be better for everyone.
Govern yourself accordingly.
Howard Roy Schechter
State Bar of California #58828
Attorney for Ecologica Furniture
Unsurprisingly, Above the Law reports that Ms. Schechter phoned them to say she wrote the letter on her iPhone as her lawyer husband dictated it to her. Now, I thought the above letter was too silly to merit a response; however, when I read Ken White's witty response, I was moved to giggles. 

(Letter via Regretsy.)

Ken White also reported that Mr. Schechter's family has received threats behind the Etsy controversy. Someone has gone as far as listing identifying information about the couple's child and the school the child attends. Attacking the grammar and merits of an argument is fair game but harassing or threatening someone's family? Not okay. 
Do you use Etsy? What are your feelings on items that are not handmade by the seller?

As for my first giveaway, thank you all for entering! 
My giveaway contest was solely sponsored by me.
My giveaway was not affiliated with any company or sponsor.
I hope the winner enjoys the scent and durability of these liners as much as I do! The winner is  Everfinest!!! Everfinestplease contact me at preponderance.of.fashion@gmail.com to claim your prize. Please do so within the following week. The second week of May is when I graduate law school, so I prefer to mail you your prize before then.

There could only be one giveaway winner but let's be serious, this fashion law fun makes us all winners!

♥ Thanks for reading and supporting my blog! 

Saturday, April 28, 2012

Springing forward

Dear lovely readers, I am two weeks and a few finals short of graduation so I have been away more than usual. Thanks for sticking around! I have lots to catch up on here.

 Reminder, tomorrow is the last day to enter my giveaway. Enter here

Since I live in an apartment while I build my dream home, in my mind and live vicariously through Real Housewives of BH & NJ, I do not have space to keep my full wardrobe accessible. So, my big seasonal cleanings, wherein I swap in my seasonal appropriate clothes from storage, are also closet purges. I have to make myself part with items to justify new purchases. If I let my closet overflow I lose track of what I own and wear less items.

I wish I had a closet managing system a la Cher in Clueless! Will swivel be an app for that?
 How do you keep track of your wardrobe? 

I separate my clothes into categories of things to sell/consign, donate, fix, or toss.

I try to stay away from impulse purchases but they sometimes sneak in! I mitigate my loss by selling or consigning. Most career clothes cannot fetch near original value so I donate them to non-profits. I place aside some trendy or boring items for DIY projects. All else is trashed.

I also challenge myself to move things out of my closet by emptying my shopping bags and filling them with things they replace in my closet. I am more happy to part when I see the direct exchange.
My most recent purge
The following is a non-exhaustive list of places where you can donate career clothing. Also consider donating to your local battered women’s shelters.
 Do you have other suggestions? 

The one item that never gets packed away and I cannot imagine parting with is my two tone submariner rolex. I wear it almost daily because it is a good contrast against an ultra feminine outfit and plays well with dressed down looks too. It is a costly investment but does not lose value quickly and is a good family heirloom. ;) 
Here's an instagram pic of my favorite any season go to!

♥ Thanks for reading and supporting my blog! 

Tuesday, April 24, 2012

Friday, April 13, 2012

Gucci v. Guess fashion law fun

Another case of when imitation is not the sincerest form of flattery.

Three years ago, Gucci filed a trademark infringement lawsuit against Guess. Unfortunately, Gucci's then in-house counsel was not up to date with his bar registration. I am not sure why it took three years later for this case to continue but at the end of March the case finally made its way into federal court in Manhattan before Judge Shira Scheindlin. If only they had waited 1/2 year longer and hired me, this could have been such an easy win for me. I love Gucci (the products, history, and salespeople alike--except for one nasty woman I encountered in Venice).

The issue in this case is Guess's blatant use of Gucci's products for imitation inspiration. Particularly, Guess's use of the square G and quattro G designs along with post-sale customer confusion. Guess's footwear licensing company, Marc Fisher Footwear, copied Gucci's trademarks and recognizable trade dress: the diamond-shaped pattern, green and red stripe design, and cursive font.

Guess's defense: It took inspiration from many designers. It does sound like something silly to use as a defense but with so much evidence, like e-mails from 1995 to 2008 saying that Marc Fisher Footwear mentioned sending Gucci fabric samples to Guess's fabric supplier to use for replication and an admission that $75,000 of Gucci products were purchased by Guess, the best Guess could hope for is to show that they took small ideas from many designers rather than too much from one.

 You be the judge: Was Guess inspired by Gucci or did Guess purposely copy Gucci? 

Gucci's only problem in my opinion may be that so much time has gone on with Guess infringing Gucci. As I mentioned previously, when a brand knows that its trademark is being misappropriated it needs to react in order to maintain the integrity of its mark.

♥ Thanks for reading and supporting my blog! 

Tuesday, April 10, 2012

100 follower giveaway: Hermès & giftcard

To show subscriber appreciation, I present my 100+ follower giveaway raffle!
This giveaway is hosted solely by me and is not affiliated with or sponsored by any business
I decided on the Hermès drawer liners I discussed last month (in this post) and a gift card to help round out the giveaway. The $50 gift card will be purchased after a winner is chosen, upon which time the winner will tell me if a Mastercard, Visa, or American Express card is preferred.

1. First, you must be my Google Friend Connect or Bloglovin' follower since this is a THANK YOU to my awesome readers. Please leave a comment below to enter and tell me if you qualify for extra entries. Even if you just came across my piece of the cyber world or just have not yet followed, you can follow along now to qualify.
  • Share the giveaway button below on your existing blog, twitter, or facebook (+2 entries)
  • Like me on Facebook (+1 entry)
  • Follow me on Twitter (+1 entry)

1. You must be at least 13 years old to enter*
2. This contest is open internationally. I am dedicated to making sure you receive the prize if you win, so enter if you are willing to deal with customs** or other related delays
3. Enter by midnight (PST) on Sunday, 4/29/12

♥ Thanks for reading and supporting my blog! 
*Due to privacy laws I cannot collect personal information from someone under age 13
**I will not lie on any customs forms

Saturday, April 7, 2012

Currently loving &/or longingly coveting

Last month I introduced this monthly edition to my blog!

Here is where I will share things that make me smile when I am feeling down or things that I find to make life easier! Every month I want to share those things with you. I will also share things I'm craving. ;)
My idea is to later pull from these lists for giveaways. 
Currently loving:
  • My followers! 
    • My pink crochet skirt
      •  I am still on a pink and purple kick so this skirt is a perfect addition to my Spring/Summer wardrobe!
    • Trenta iced passion fruit tea lemonades, sweetened

      • Source: web.stagram.com 
      • I tell myself this is healthy because it has tea but from the taste of it I imagine the amount of tea is marginal.

    Longingly coveting:
    • With the end of lent near, my tastebuds are daydreaming about Ladurée macarons. I wish they were available for delivery!
    • I have the state bar to look forward to so this game/study tool has been on my mind

    As a heads up, I will formally announce my follower contest this Monday. But I hope you plan to take a chance on it! Since I have not received suggestions and I mentioned last month that I expect to pull items from my "currently loving &/or longingly coveting" posts for giveaways, I think my prize will be (a non-sponsored) giveaway of my favorite scented designer drawer liners (mentioned here) and a gift card (likely a general Visa or Mastercard one instead of a store-specific one to accommodate readers from different countries).

    Keep in mind that you will have to be a public follower to enter and liking on facebook or following by twitter will count as more entries.

    ♥ Thanks for reading and supporting my blog! 

    Sunday, April 1, 2012

    Blog celebration time

    Blog milestone!

    Dear readers, I am so happy to announce I have made it pass the 100 follower hurdle.

    Thank you all for your continued support and for helping me grow my blog! 
    I am so happy to announce that I have reached this blogger milestone of over 100 followers on Google Friend Connect (GFC). I hit 100 followers a while ago counting Bloglovin' but since GFC is what shows on my blog's homepage (on the side dashboard) it is the number that is cause for celebration. 

    Now, I have to figure out what my first blog giveaway will be! All I have decided is that this giveaway will be open to all* public GFC followers who enter when I officially announce it.

     Readers, have you ever won a blogger giveaway? 
     Bloggers, what was your first blog giveaway? 

    ♥ Thanks for reading and supporting my blog! 

    *all includes participants from any country, in compliance with your local laws. 
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