Perfect Fit – Part I

An interview with Simon Crompton, creator of the blog Permanent Style

Photograph Copyright © 2018 by Alan Behr

Readers of our blog have probably noticed my interest in custom-made clothing. There is a professional reason: because we represent so many different brands of ready-made clothing, wearing something more esoteric allows me not to show favorites.

For over ten years, Simon Crompton has been reporting online, in his website Permanent Style (www.permanentstyle.com), about the refined world of custom-made menswear—which, in British English, is known as bespoke (as in, asked for in advance). Mr. Crompton may be familiar to intellectual-property lawyers from his years of service as the lead writer for the International Trademark Association’s annual meeting newsletter—among other publications. I recently sat down with him at a café in London, and we talked about lawyers, protection of his own intellectual property and the finer things in menswear.

“I like the fact that lawyers seem to man the last bastion of dressing a little bit formally—because that’s generally what you want from your lawyer,” said Mr. Crompton, echoing the advice of the American tailor and author Alan Flusser. And he agreed on the reason: it is all about building a sense of trust. He hastened to add, however, that it is not about conformity: “All over the UK, and I’m sure it happens in the US as well, you see young lawyers outside of a pub on a Friday night, and eighty percent of them will be wearing a navy suit, white shirt and black lace-up shoes. It looks completely predictable. There is no expression of individuality.”

Bespoke, he explained, is about looking smart but in your own way: all fine tailors have a “house style,” but within what is typically quite a broad range, the customer in effect participates in designing what he will wear. Indeed, I had just come to Mr. Crompton from visiting my own London tailor, Henry Poole & Co., where I was able to plan a future suit as purposefully as a chef planning a meal: a gray pin-dot cloth in wool and cashmere. A peak or a notch collar? This time, the notch. Lining: abjure the bold prints for something more reserved, a contrasting gray pattern, but still quite unique. And a collared vest (called here a waistcoat)—because, as a transplanted New Orleanian, I still am not quite used to New York winters and because, to be frank, it adds a touch of style. That is what bespoke is all about.

Our next topic was dear to my editorial heart: I have delved several times on these pages into the mysteries of the necktie—that one item of a man’s workday dress that has absolutely no discernible function except to make him look better. It also relates to a very important fact about the male physique: a well-cut suit jacket forces the eye upward, to the neck and then the face. Having it pass along a v-shaped crop of chest hair does not support an impression of a man of consequence. “A suit without a tie can work sometimes,” Mr. Crompton offered, “if it is a very casual suit, but most times, it just looks as if something is missing.”

Indeed, although Mr. Crompton was wearing a dark green Neapolitan suit (by the tailor Ettore de Cesare) made of corduroy—that ribbed cotton cloth that is the winter-weight mirror to the informality of linen for summer—he was quite correct that it would have worked far less successfully without his blue woolen knit tie by Trunk Clothiers of London.

But what about those—relatively speaking—more casual days even lawyers are sometimes afforded? “I think it is important for a lawyer to try to master the art of wearing sports jacket and trousers,” said Mr. Crompton. His use of the word master was not an accident. Most professional men wear that outfit often; doing it in a stylish way, however, is a challenge to many. “Start off with Navy jacket and gray trousers and start experimenting slightly—with brown trousers and a different kind of jacket with subtle patterns.” In other words, make it stylish, but make it your own—even if every bit of it was purchased off-the-rack. Remember that bespoke customers also buy most of what they wear, from jeans to raincoats, ready-made.

And that is what bespoke is really about: doing it smart, doing it stylishly and most important, doing in a way not necessarily done by others.

In my next post, I will explore how Mr. Crompton looks to protect his own intellectual property.

Credit: Alan Behr

See post…Perfect Fit – Part I


Court Dress: A Sartorial Brief for Lawyers

Gregory Peck Dies at 87

Law has always been among the most sartorially sophisticated professions. Its practitioners must always be representing not only themselves, but their firms, their clients, and even the dignity of the law itself. These imperatives, along with the generous means that are often a lawyer’s prerogative, have produced generations of well-appointed attorneys who appreciate good clothes and understand their power.

The relaxation of dress codes in even the most traditional law firms may have shifted the paradigm toward less imposing and more comfortable attire, but it hasn’t diminished the importance of presenting a professional impression. This can be difficult to pull off in the more subjective context of a casual workplace, and there’s nothing comfortable about finding oneself inappropriately attired. Alan recalls being stunned when one of the real estate lawyers handling the closing of his Fifth Avenue apartment showed up in khakis and a polo shirt — not because of any stylistic offense per se, but because such casual attire called into question the man’s judgment and authority to oversee such a important transaction.

It’s never a bad thing for a lawyer to be the most formally dressed person in a meeting — the grownup in the room, so to speak. While this once may have meant a dark three-piece suit, today it might mean a subtle sportcoat and well-chosen tie. Sartorial standards may shift, but lawyers benefit from maintaining a relative formality that helps them project the following timelessly essential professional qualities:

Trustworthiness – Whether being appraised by a judge, a jury, a client, or a senior partner, a lawyer’s attire should give an open and honest impression. This translates to well-tailored but simple, sober clothes that don’t attract attention to themselves, but rather serve the wearer by focusing attention on his or her face. The bolder patterns or brighter colors that an entrepreneur or an entertainer might favor with will tend to come across as flashy, distracting, and perhaps even suspicious when worn by counsel.

Thoroughness – Tailored clothing presents many opportunities to demonstrate one’s attention to detail. Nuances like a precise trouser break or a properly knotted necktie are subliminally impressive to even the least sartorially inclined among us; their mastery won’t come across as fussy or fogey, but rather refined and authoritative. A discrete pocket square is a polished touch, (especially in the increasingly common absence of a necktie) but it’s generally well-advised to steer clear of more fastidious or anachronistic details like collar pins and braces — at least until you’re more established in your career.

Gravitas – A lawyer’s attire should respect the seriousness of the law he or she practices, and the magnitude of the stakes for clients. A well-cut solid dark suit, a crisp white or light blue shirt, and an elegant tie is an admittedly formal but entirely appropriately ensemble to wear to what is essentially one of the highest ceremonies in secular society: a court of law. Not quite the white wig required in British courts, but the same idea: symbols of continuity that transcend whims of fashion.

There is certainly a long tradition of lawyers who enjoy deploying the full arsenal of menswear finery — e.g. double-breasted suits, waistcoats, watch chains — to make a statement and perhaps even a personal trademark, but such dandification is generally a prerogative of seniority at most firms, where high-style dressing is underwritten by proven professional records. If you’re not quite there yet, remember that more conservative dressing need not be dull. A restrained sartorial aesthetic can be highly elegant, emphasizing quality of material and perfection of cut over ostentatious flair or detail. Indeed, this was the mantra of the original dandy himself — the early 19th century English arbiter elegantiarum Beau Brummell, credited with creating the modern suit as a masculine rejection of the baroque gorgeousness that had characterized fashionable male dress for centuries. “If John Bull turns around to look at you,” he observed, “you are not well-dressed.”

A more relatable inspiration for lawyers — sartorial and otherwise — is of course To Kill a Mockingbird’s Atticus Finch, memorably portrayed by Gregory Peck in the 1962 film adaptation. Finch’s rumpled cotton three-piece suits might be better suited to a courtroom in Depression-era Alabama than one in Manhattan today, but their timeless appeal lies in their enobling effect — the way in which simple, unpretentious, yet dignified clothing can serve a man serving the law. Finch’s personal style is hardly mentioned in the story, but no reader or viewer will ever forget it. It’s an object lesson in how good clothes work.

Author:  Andrew Yamato, Alan Flusser Custom

NOTE: Alan Flusser Custom will be exhibiting at the New York State Bar Association’s (NYSBA( Annual Meeting at the New York Hilton Midtown from January 15th through the 17th (2019).

Reposted with Permission from Alan Flusser Custom | https://alanflusser.com 


Alan Flusser – Part 3: Listen Up, Counsel: This One is for You

Photographed by Rose Callahan

As I have shared in two prior posts, I had the privilege of sitting down with the menswear authority, Alan Flusser, in his comfortable office inside his custom tailor shop in Manhattan, to hear his point of view on the status of men’s style. This being a legal blog, the conversation inevitably came around to what a lawyer should wear, and here again, Mr. Flusser was both precise and definite:

“I went to a closing on an apartment, and counsel for the other party showed up in a polo shirt and khakis. I’d never met him before, and I would hardly recommend that you come in looking like that, trying to show you have the know-how and authority to oversee a transaction well north of a million dollars. But that is the lay of the land today.”

“Is that advice for everyone or are you pointing to the legal profession when you say that?” I asked.

“Everybody could benefit from learning some of the fundamentals that go into putting together the basic elements of style in a way that makes the right impression. That is particularly true for a lawyer, who has to explain important things to people in a convincing manner. The kind of clothes he wears and—just as important—the way he wears those clothes can go a long way in terms of helping him present his case to his opponents, to a judge, and, indeed, to his clients. There’s a certain confidence that can be projected by a person who knows how to wear clothes correctly.”

“Are you arguing for tradition?” I asked. “When I was a boy, we were told that, by the time you and I would be sitting here, everyone would be dressed in something like the outfits on the original Star Trek series.

Mr. Flusser smiled. “I worked for Pierre Cardin in the 70s.” That was a name from my sartorial past. I recalled that the three first suits I bought as an adult, while then in college, bore the Pierre Cardin label. They were made in Latin America and had lapels wide enough to cause me to take flight if the winds were right—but such were the times. “Pierre Cardin was one of these very avant-garde designers,” continued Mr. Flusser, “who said that, by the turn of this century, everyone would be wearing jumpsuits to go to the moon. Since then, people have been attempting to uproot, upend or debunk the necessity for wearing a suit, dress shirt and tie, trying to replace that with something else. Look around. As far I see, that that’s been a complete failure.”

Which is to say, it is a lot harder for you to look inconsequential in a suit, dress shirt and necktie even if not entirely spot on, than in a polo shirt and khakis, even if done not half-bad. Just the same, as Mr. Flusser next observed, once you commit to making the effort, you should commit as well to making sure it succeeds: “Whatever you do, the question is, why go to all the trouble to get gussied up in this if it takes no more effort to put on clothing that fits and is correctly proportioned for you?”

I asked if there is a good role model who shows lawyers how to do it just right. That turned out to be another easy question:

“I have been writing about it for decades, but very few men know how to tie a tie and put it up into a collar and have it come out looking as good as it could—that is, the difference between looking powerful or not—or possibly making you look weaker. Where can you learn that? You either have to see it on another man or you have someone in the public eye espousing this kind of dress. If I had a moment to ask any question of former President Barack Obama, I would probably first ask him, ‘How did you learn to wear shirts that have the exact and perfect collar for someone of your size and height and face shape, and how did you learn to tie the necktie to go up into that and to make that presentation as perfect as it has ever been on any president?’ Clearly, somebody taught him that at some point because you don’t usually pick that up as a community organizer.”

In short, to my colleagues at the bar: your legal knowledge, skills and personality may take you far, but pick up Mr. Flusser’s books, see him personally, or hunt down someone else who knows how and is ready to show you the way. That may not carry the day for you in contract negotiations or in a summation before the jury—but it will almost certainly offer you just a bit more of an advantage than you otherwise have had. And no one who seriously wishes to make it in this difficult profession should lightly pass up such an opportunity.

Credit:  Alan Behr

We would like to thank Alan Flusser for his gracious participation in our three-part series on fashion, style and the industry’s influence on today’s design aesthetic. https://alanflusser.com/

See post…”Alan Flusser – Part 1: A Question of Balance

See post…”Alan Flusser – Part 2: The American Male and His Wardrobe


A tale of red soles

Much has been said and written about Christian Louboutin’s iconic red sole brand. It has sparked endless debates about trademark law in various courts around the world, including in the U.S., France, Switzerland, and most recently at the EU Court of Justice.

Christian Louboutin began selling his high-heeled red-soled women’s shoes in the early nineties. The red soles gradually became a signature brand, somewhat comparable to the famous Burberry check pattern. The creator’s idea starts as a mere decorative design, just like any fashion design. But over the years, it gradually becomes a brand in itself because the public begins to perceive it as a source identifier even without any concurrent word mark on the product. Burberry registered its design as a two-dimensional trademark around the world; it recently sued Target in the U.S. for selling scarves with a similar design. As has been the practice of Burberry over the years, that is a trademark claim, not a copyright claim—which would present greater challenges to Burberry under U.S. law.

Back to Louboutin’s red soles: The United States Court of Appeals for the Second Circuit ruled in 2012 that Louboutin owns a valid trademark for his red sole shoe design. Louboutin had taken Yves Saint Laurent to court for trademark infringement. The red sole trademark was deemed inherently distinctive, Louboutin having given ample evidence that the trademark had acquired secondary meaning. Those words sound like music for the fashion brand owner and its lawyers because it means that the court rewards years of investments in sales, advertising and free publicity. (As the court duly noted, Louboutin shoes are popular items to wear when walking red carpet events in the entertainment industry.) Louboutin’s victory was unfortunately limited to the court having confirmed the validity of the trademark; the court also ruled that the same trademark registration could not be invoked against shoes – such as those sold by YSL – that are monochrome red, covering the insole, outsole, heel and upper part.

The U.S. thereby paved the way for Louboutin, which is, after all, a French brand. A long-awaited judgment in the European Union was recently rendered by the EU Court of Justice. This time, it was the Dutch discounter Van Haren that was selling red-soled women’s shoes. The court held, after a long debate, that a red sole applied on the sole of a shoe can be a valid trademark in the EU. Under pre-2018 EU law, the shape of an object that “gives substantial value” to the product itself could not be registered as a trademark. (An example would be the distinctive shape of the Perrier bottle.) The court that the color red, as applied to a shoe, was not as a “shape,” as Van Haren had asserted; after all, Louboutin had not sought to register a shoe but merely a color applied at a certain location on shoes. Following the EU court’s guidance, the District Court in the Netherlands that had referred the issue will now ban the sale of Van Haren’s shoes throughout the European Union.

The Louboutin trademark registration

A crucial takeaway from this case is the reward given for the smart way in which the trademark had been registered. In many trademark systems, the registrant is allowed to specify its two- or three-dimensional object with a brief description. Louboutin’s lawyers had wisely specified the filing as follows: “The mark consists of the color red (Pantone 18‑1663TP) applied to the sole of a shoe as shown (the contour of the shoe is not part of the trade mark but is intended to show the positioning of the mark).”

That victory may not last very long, however. EU trademark law was recently amended, with the effect that not only “shapes” but also “other characteristics” giving substantial value to the product may be barred from trademark registration. This change in the law opens a new can of worms: in particular, it remains to be seen whether pre-2018 trademarks, such as the one owned by Louboutin, can be invalidated on the basis of the new law.

Credit:  Diederik Stols | Guest Post

Phillips Nizer would like to thank Diederik Stols for the contribution of this post to the Fashion Industry Law Blog.  Diederik is a partner at the law firm BOEKX Advocaten in The Netherlands where he specializes in intellectual property, media and entertainment and e-business. (http://www.boekx.nl/en/)


Alan Flusser – Part 2: The American Male and His Wardrobe

Photographed by Rose Callahan

I was discussing the history of style with Alan Flusser in his office on East 48th Street in Manhattan, a convivial nook that shares the floor with his showroom and workroom. I turned to a topic about which I knew, from Mr. Flusser’s informative writings, that he had much to say: how it is that the typical American businessman or professional man used to look so natty and how is it that his descendants came to look—rather as they now do.

“First of all,” Mr. Flusser told me, “in between the wars, you had a situation in which a lot of people couldn’t afford clothes. It was the Depression. On the other side of it, there were still a lot of wealthy people. And there was also Hollywood, and in Hollywood at the time, when moviemaking was at its zenith of popularity, you had great male leading actors whose job it was to project Hollywood glamour, not just on screen but in their social lives.”

Anyone so young as to wonder if celebrity worship started with iPhone apps and social media should read a good history of American popular culture to know what Mr. Flusser means. My mother, a spiritual child of the Golden Age of Hollywood, grew up hoping to copy every button and bow on her favorite stars and still sees actors as transcendent personalities. For men, however, as Mr. Flusser went on to note, the catalyst was a “confluence of male sartorial role models,” from British aristocrats, politicians and businessmen to those movie stars. Men were taking an interest in dressing well, in part due to those examples, which were regularly offered in the new media of film, picture magazines and, later, television.

“In Hollywood at the time,” continued Mr. Flusser,” you had about twenty men who individually set their own kind of style” and thereby marked the path for those millions interested in following. He noted in particular Cary Grant and Fred Astaire. “In terms of learning how to dress, there developed between the two world wars the kind of clothing that we wear today, soft clothing that you could move in comfortably—lounge clothing, it was called—not stiff and Victorian.” Indeed, although the modern business suit’s origins can be traced back to nineteenth-century military uniforms, it was the resulting lounge suit of British gentlemen that evolved into the contemporary international business suit. (If you do not believe that, put on a suit of the London cut, turn up the collar and pull the lapels toward each other. You will look just a bit like the Duke of Wellington.)

That is all well and good, but who in the public eye right now would a young man seek to emulate? Attention, Millennials, this one is for you: “I would be hard-pressed to come up with a single person,” said Mr. Flusser, a note of frustration overtaking what had been an assertive tone. He suggested George Clooney, who is not in his first youth, of course, but did not feel comfortable naming anyone else in entertainment.

As I now knew was his method, Mr. Flusser offered history: “In the 1960s, you had the Peacock Revolution. There was a rebellion against ‘the Establishment’ and the more traditional dress that people associated with their parents. From about 1968 until the 1980s, there was a void of good guidance on how men should dress. If you take the generation after that, you get pretty close to where we are today, and you find two complete generations of men who never had the benefit of having any kind of solid information on the elements of stylish dressing. By then, you had had a complete inversion. Instead of style being handed down from above, it bubbled up from below—from the street.” And street wear, as we know, makes its mark by aspirating toward a state of cool—a hard state to reach and an even harder one to maintain.

Where does that leave us now? “It’s a very confusing period of time in terms of trying to learn how to dress and come to terms with what you know about how to present yourself,” concluded Mr. Flusser. True enough, but at least, because of our conversation, I had come to understand why that is so.

Credit:  Alan Behr

See post…”Alan Flusser – Part 1: A Question of Balance

See post…”Alan Flusser – Part 3: Listen Up, Counsel: This One is for You


Textiles and Tariffs

Just as fashion designers and retailers have been struggling to adapt to changing consumer demands, they now must face a new battle: a trade war.

Back in May, the White House announced its plan to impose tariffs on $50 billion of Chinese goods in the hope of pressuring China to stop alleged unfair trade practices and intellectual property infringement. After the U.S. Trade Representative, Robert E. Lighthizer, released the final list of goods subject to the new tariffs, China responded with tariffs of its own on U.S. goods. Upping the ante in July, the U.S. next threatened to impose a second round of levies, resulting in 25% aggregate tariffs on an additional $200 billion of Chinese goods. Once again, China hit back with more tariffs of its own.

Many economists have warned that the effect of a prolonged trade war between China and the U.S. will ultimately increase prices for American consumers and will damage U.S. businesses. Those working in the fashion industry are likely to agree. The May round of tariffs placed on Chinese imports, which covered a range of industrial, agricultural, and medical goods, left the fashion industry relatively unscathed. But the next round of tariffs, initially rumored to include textiles, handbags and suitcases, is likely to hit designers, retailers and, ultimately, the American shopper.

Following the U.S. threats made in July, Mr. Lighthizer agreed to hold a hearing to discuss market opposition to the proposed tariffs. In attendance at the hearing, held in August, were more than 350 stakeholders, including the Council of Fashion Designers of America, the American Apparel & Footwear Association and the Accessories Council.

To say that the American apparel industry relies on Chinese manufacturing may be an understatement. Kathryn Hopkins of Women’s Wear Daily (WWD) has noted that “China is vitally important to the industry with government data showing the U.S. imported $27 billion worth of apparel from the country last year, accounting for 34 percent of all apparel imports. That is more apparel than was imported from any other country, dwarfing second-place Vietnam at $12 billion.”

Concerned about impending tariffs, Edward Rosenfeld, the CEO of Steve Madden, told WWD: “We and others will certainly try to pass on a good chunk of this to the consumer in the form of higher retail prices.” Steve Madden is also looking to move its handbag manufacturing from China to Cambodia in response to the higher duties.

National Retail Federation President and CEO, Matthew Shay, told WWD: “This round of tariffs amount[s] to doubling down on the recklessness of imposing trade policy that will hurt U.S. families and workers more than they will hurt China – it’s two-and-a-half times the amount already imposed.”

Smaller businesses are particularly vulnerable to the proposed levies. Anne Harper, the CEO of OMG Accessories (annual sales: approximately $2 million), expressed her concern for the impending tariffs, stating: “I can’t just absorb that percentage…. The bread and butter of my business is selling to retailers, so that’s a big challenge. Q4 is where we ship all of our holiday goods. If the 10 percent comes into effect right before the goods ship from China, we’re subject to that extra 10 percent so it represents hundreds of thousands of dollars for my business. It’s basically a loss.”

On August 26, 2018, China filed a formal dispute with the World Trade Organization (WTO), alleging that the U.S. tariffs violate WTO rules.

On September 17, 2018, the White House made good on its warnings in July, confirming that tariffs of 10% would be placed on $200 billion worth of Chinese imports – ranging from silk to handbags. China promptly responded again, stating it would impose its own tariffs, of 5% to 10%, on $60 billion worth of U.S. goods. Meanwhile, the U.S. has threatened to increase tariffs on Chinese goods to 25% total on January 1, 2019, unless the two countries can conclude a trade deal.

Is there an endgame in sight? At this point, there are more questions than answers. The White House is slated to share more information following its September 17th announcement. One can only wait for the next episode of Textiles and Tariffs.

Credit:  Candace Arrington