Retailing with Foam and A Good Swing

Photograph Copyright © 2019 by Alan Behr

Two cappuccinos worthy of a caffè in Milano started my last visit, with a fashionable friend, to the Brooks Brothers store on Madison Avenue, here in New York. The chain’s mother ship had recently opened a bright and hospitable Red Fleece Café, and so my friend and I met right on the ground floor, within handshake distance of displays of shirts and ties, had a refreshment and then, coupons in hand, went shopping, women’s first, men’s second. On our way, we passed a golf simulator, where a pro patiently guided a customer on improving his swing—with a real club toward a virtual green. Retailers have always offered something besides what are now universally called “items.” From lunch counters to hairdressing and beyond, stores have been attracting generations of visitors with more than just merchandise.

What has changed, however, is both the breadth and the layered complexity of it all. Even the décor matters as it never has before. The luminescent, open-plan renovation of the Saks Fifth Avenue store is a veritable invitation to come on in and have a look. As for services: soon after our visit to Brooks Brothers, this note arrived by email: “Your trousers are ready… We can pull nice coordinating pieces for you.” Personal shopping used to be a benefit given to the best customers of a retailer, but with physical (“bricks-and-mortar”) retailing challenged so completely now by online competition, all shopping has become personal, and stores must engage and entertain customers as they never have done before.

When a business expands, however tangentially and however much in pursuit of the raison d’ê·tre for a store—selling goods—the store should be aware of the likely importance of protecting its brand for the other activities. That means reexamining the retailer’s portfolio of registered trademarks. There should already be a registration for retail store services and there is likely one for online sales, but if a café or coffee bar has just been added, the next application should be for restaurant services (if not already there as a legacy from the days when even modest-sized retailers had soda fountains). But that virtual driving range? Entertainment services. I was recently invited to a delightful event at Saks, hosted by Switzerland Tourism. Two of my favorite things converged within a roped-off area of the sales floor: great retailing and Swiss chocolate. From a trademark point of view, however, that would be providing catering services and event location services. And so on.

Insurance policies need to be examined to be sure that the new range of activities is covered. The cappuccino is foaming, the Champagne is popping and the golf clubs are swinging—check with your carrier to be sure your coverage is current and sufficiently comprehensive.

Finally, be sure your employment policies are up to date. A dress code that applies to salesmen in men’s suits doesn’t necessarily apply to a golf pro, after all, to say nothing of a barista.

Credit: Alan Behr

See posts:Brooks Brothers at 200


Perfect Fit – Part II

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

Photograph Copyright © 2018 by Alan Behr

In my last post, I reported on my conversation in London with Simon Crompton, who runs the website Permanent Style (www.permanentstyle.com), which is devoted to the world of bespoke (custom-made) menswear. We discussed elements of style for men, but when the conversation moved to the topic of how a website proprietor protects his own intellectual property, Mr. Crompton had some decidedly pragmatic ideas.

Permanent Style is authored almost entirely by Mr. Crompton, who, last year, was finally able to devote his full professional time to it. The site features the latest developments in bespoke, from tailoring to shirtmaking to shoemaking, around the world. It is supported by advertising, and it also promotes its own limited line of products, from surprisingly stylish watch caps (ski caps) to Oxford shirting for readers to provide their bespoke shirtmakers. Prominent on the site are reviews of makers of bespoke clothing and shoes, with Mr. Crompton serving as live mannequin and photographer’s model throughout, reporting on each step of the process.

I asked Mr. Crompton what kind of legal protections he employs for his work. Because his writing originates in Britain and not the USA, he is spared the unique (and to those of us who have done it for clients or ourselves, often frustrating) requirement of registering his copyrights. His pragmatic view: “It isn’t as if it is a novel or song lyrics. Anything on the site obviously comes from me, and no one is going to run out and say I’m Simon, I wrote this.”

As for protecting his brand, he holds to an equally pragmatic approach: be first out, keep a solid reputation, and you win. “The site has been up just over ten years, and it is well-known. That’s a very good position in the world relative to others who might be trying to establish themselves.”

Mr. Crompton also noted a key advantage to prose authored in Internet time: “What I write is so fast-changing, and there is such a high volume of it that it’s not that easy to protect, but at the same time, there is not much virtue in somebody copying. I already have the biggest traffic. If someone were to start copying my articles, that would never generate much traffic for him. He would still have to attract readers and then subscribers by offering something different, and unless that should happen, I would always do better on search engine optimization.”

That goes to the heart of a key debate in copyright circles—what utility is legal protection in a world in which almost everyone can read just about anything, and anyone can publish just about whatever he or she chooses to write, on platforms from Twitter on up? Registering the copyright, to say nothing of suing to stop infringement, can look old-fashioned in the context of a business (and social-media) model that values “reach,” often by free access, and loyalty for the generation of revenue more than it does traditional legal protections.

In short, Mr. Compton is conducting a very contemporary business to promote many very traditional crafts. If by so doing he helps craftsmanship flourish, we can only commend him-even if the model depends more on lawyers reading about dressing well (and, we hope, attempting to do so) than on offering legal advice. When it comes to what we do, however, lawyers can only continue to recommend to their clients that they reach out and consult with their counsel whenever making important decisions about their intellectual property. If you do not make these decisions yourself, the marketplace will very likely make them for you.

Credit: Alan Behr


#Influencers?

Social media influencer asking followers to like and subscribe

What do the Special Prosecutor and the New York State Attorney General have in common? If you answered fake social media accounts and social media bots inflating followers, likes, tweets and retweets, you would be correct.

At the end of January, 2019, Attorney General Letitia James announced she had reached a settlement with Devumi LLC, which she described as “the first in the country” to find that selling fake followers and likes on social media is illegal deception and using stolen identities from real people is illegal impersonation. The Attorney General’s investigation began under James’ predecessor in response to an article posted online by The New York Times on January 27, 2018, entitled “The Follower Factory”.  That article is the best source to understand the underlying facts.

Devumi operated a business through which individuals who wished to appear more popular and influential could purchase views on YouTube, plays on SoundCloud, endorsements on LinkedIn, as well as followers, likes and retweets on Twitter and other social media platforms. According to the Times, Devumi’s customers included the model Kathy Ireland, the former pro-football player Ray Lewis and even the Treasury Secretary’s wife. Engagement with the platforms was effected by using computer operated fake accounts, generally referred to as “bots”. In some instances, the social media personas of real people were “cloned” to create multiple accounts in multiple languages to create thousands of other accounts used to promote products or services, so-called “sock puppet” accounts. According to the Times, Devumi supplied customers with over 200 million followers, using 3.5 million accounts.

Reaction to the article was swift and resulted in Devumi ceasing operations when the publicity “caused a major decline in its sales”, according to the Attorney General. But Devumi is hardly the only entity or individual conducting similar questionable operations. A simple search for “Buy Followers” on Google will lead to links for many offering followers or likes for sale. The search is so common that Google has pre-programmed questions and answers related to the search as well as related searches targeted to specific social media platforms.

Fraud and deception related to influence on social media platforms are not limited to purchasing followers and likes. According to an article posed on-line by The Atlantic in December 2018, wanna-be professional “influencers” are also feigning sponsorship deals on-line to convince brands of their credibility as influencers—what the article aptly calls “faking it until you make it”.

While many athletes and performers have entered into lucrative endorsement deals with brands for many years, the influence they sell has been earned through a record of actual accomplishment in their professional fields. Roger Federer, for example, can endorse coffee machines and watches because he justly has earned fame based on long years of actual accomplishment playing professional tennis. The same cannot necessarily be said of professional “influencers” whose only claim to fame is an Instagram following that may or may not have been manufactured. So, when it comes to social media “influencers”, the watch word should be: let the buyer beware.

Credit:  Helene M. Freeman


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