The Marion Webster Dictionary defines fashion as “the prevailing style during a particular time.” The Cambridge Dictionary defines fashion as “a custom, look or way of doing things as what is considered acceptable.” I guess that means that what is fashion today can be something else tomorrow.
In the December 13-18, 2019 issue of the California Apparel News, an article entitled “Copyright and Labor Fashion Cases Reach Supreme Court,” Andrew Asch reviewed several cases decided by the Court related to matters of fashion, including the Friends U Can Trust (FUCT) case involving a trademark. Here, we see that even the courts get involved in what could arguably be considered fashion.
We have seen that used clothing has become a market for making fashion available to those unwilling to spend the prices at Saks, Neiman Marcus and other top-line department stores. One can now subscribe to a way to obtain a complete wardrobe by mail just by supplying some basic size and preference information and, of course, a credit card. We’ve seen blue jeans with torn knees that were considered fashionable for a while go out of fashion, and we’ve seen exercise wear become the correct dress for leisure — and even some business — activities.
Not only is the question of fashion relevant to what’s happening in the United States, but it is also important around the world in fashion markets. For instance, in Britain, it was recently reported in the Evening Standard that every three years in Britain, a billion tons of clothing end up in a bin. In response, there is a growing band of visionaries turning this waste into brilliant fashion. The Evening Standard also reported that Anna Foster, the founder of the upcycling label ELV Denim, is on a regular sourcing trip to buy some 200 pairs of otherwise unwanted jeans, which she will then wash, splice together and sell in her shop on Shacklewell Lane or on Net-A-Porter.
We have recently seen that luxury retailer Barney’s filed Chapter 11 bankruptcy and was bought by Authentic Brands. Barney’s had enjoyed a long-established reputation for selling the highest level of fashion, not only for women, but also for men.
One can even rent fashionable clothing, including formal gowns and wedding dresses. Why pay thousands of dollars for a wedding gown that will usually be worn only once and the remain in a sealed box until it is either given to a friend or relative, sold to used clothing store or thrown out?
Retail fashion continues to change. Thousands of retail apparel stores have filed for bankruptcy or simply gone out of business. Shopping centers around the country have become empty. However, others recognizing that the public is still fashion-conscious have become magnets for shoppers who want everything in one place: theaters, restaurants, playgrounds and luxury stores, as well as every day apparel stores. Just look at the Westfield center in Century City, Los Angeles, California; it has dozens of movie theaters, restaurants (from take-out to ethnic themed spots to fine dining) and retail stores (from ones that only sell socks to fine department stores like Nordstrom, Macy’s and Bloomingdales) — all the things that used to be found on every main street of every city.
Because of current economic conditions, fashion retailers have changed the way they do business. We see enhanced training for sales people so that they will be able to show customers that they are appreciated. When my granddaughter was leaving for college and we bought her a warm coat at Nordstrom to be delivered, the wrong one showed up. We called the store and the department manager found the right coat at a branch several miles away. One of the associates drove there, picked up the coat and delivered it to our home. That’s service!
Fashion is international. It was recently announced that “Perumoda in Lima,” purportedly the best Peruvian manufacturing trade show, is to be held in April, featuring all categories of knitwear, the latest in printing and embroidery techniques. Having just returned from Lima, I can attest to the fact that the fabrics are of high quality and unique.
Environmental concerns also affect fashion. Giorgio Armani SpA and Versace have discontinued the use of fur. Burberry Group vowed not to destroy unsold stock. When one considers all of the various aspects of apparel discussed in this article, we that you can hardly limit fashion to what the dictionary’s say!
Benjamin S. Seigel, Esq. is Of Counsel to the firm of G&B Law, LLP. He specializes in matters related to the textile and apparel industries. He can be reached at bseigel@gblawllp.com or (818) 382-6200.





