MoMA: Is Fashion Modern?

The Museum of Modern Art (MoMA) is currently hosting the exhibit, “Items: Is Fashion Modern?” So, what is modern? Back in 1944, the MoMA asked, in an exhibition titled, Is Clothing Modern? in the hope of inspiring museumgoers to, “reconsider their relationship with the clothing they wore.” Today, MoMA asks: Is fashion modern? to provoke thought about the world’s relationship with fashion and to examine how and why it is made. In this exhibition, we see fashion born out of creativity and necessity; created by man and machine. The museum’s elevation of both the evening gown and the flip flop illustrates society’s multifaceted relationship with fashion, clothing, and art.

The curators walk you through the history of fashion, using fashion as a lens through which to view and analyze culture and society. Upon entering, I was pleasantly surprised. The galleries, sparsely but carefully filled, teased visitors with vivid colors, sounds, textures, and interactive displays. The exhibit progresses chronologically and also practically, by starting with base layers like undergarments, switching to classics like the little black dress, then working toward wardrobe fundamentals such as pants and later on, accessories.

Underwear starts out not to be a simple thing. Brassieres, stockings, and then jumpsuits pique visitors to contemplate form, function, and aesthetic. Subsequently, the exhibition moves to khakis, trousers, and collared shirts. This casual wear showcase also highlights how pants have evolved for women. With images of a pants-clad Audrey Hepburn in Breakfast at Tiffany’s and Mary Tyler Moore in capris on the Dick Van Dyke Show in the 60’s, the exhibit’s wall labels provide gender-charged commentary on how pant suits became socially acceptable for women.

The exhibit moves forward to a survey of the quintessential little black dress. Just within the exploration of the little black dress, one can see the evolution of fabrics, design, class, and social custom. This collection contains a range of dresses from Christian Dior to Thierry Mugler; starting with a modest Chanel evening dress from 1925 and ending with the controversial, close-fitting Versace cocktail dress worn by Elizabeth Hurley in 1994. The exhibit even highlights the relationship between technology and fashion by including a 3-D printed dress designed via a form of classical mechanics and motion called, kinematics.

Next, fashion is studied as an extension of culture. The collection exalts prints, fabrics, and silhouettes from all over the world, showcasing an anthology of Indian saris, Cuban guayaberas, Ghanian gowns, Brazilian jumpers, and Dashikis inspired by Nigerian prints, yet made right in Harlem.

Flanking one side of the exhibition is a spotlight on men’s suits. The stylistic progression goes from the zoot suit to the power suit, and even a double-breasted pant suit by Ralph Lauren for women. The wide range of tailoring, fabric, and shape is also a reflection on style, age, and class.

After covering each major piece of clothing, the exhibit moves on to highlight accessories. What some may consider superfluous or merely decorative additions, the accessories prove to be staples on their own. This collection looks at show-stopping shoes, handbags, hats, furs, and jewelry. The curators even established a small homage to the famous Hermès Birkin bag and Alexander McQueen’s platform armadillo boots, as worn by Lady Gaga.

But wait: there’s more. The exhibition has small fashion asides where one can find a biker jacket derivative made from polymers and LED lighting, and a textile designed through a computer-programed knitting machine.

“Items: Is Fashion Modern?” is indeed a modern take on fashion. After examining the entire 111 items, it is impossible to walk away uninspired and unprovoked. The curators do an excellent job of covering a wide range of subject matter, addressing the fundamentals of fashion, and examining where fashion is purely aesthetic and less functional, yet nonetheless enthralling and important. The exhibition demonstrates the complexity of fashion, as it can serve as adornment, a reflection of culture, or counterculture. If modern is to reflect the present and recent times, then yes, fashion is modern.

The Museum of Modern Art exhibit, “Items: Is Fashion Modern?” runs through January 28, 2018. https://www.moma.org/calendar/exhibitions/1638

Credit:  Candace R. Arrington

Candace Arrington works in Phillips Nizer’s Intellectual Property, Corporate, Fashion, and Entertainment Law Practices.


What’s In A Letter?

Recently, the New Balance footwear company won a landmark $1.5 million trademark decision in the Suzhou Intermediate People’s Court, near Shanghai, China. Daniel McKinnon, the New Balance senior counsel for intellectual property, told the New York Times: “If the China marketplace can be thought of as a schoolyard, New Balance wants to make it abundantly clear we are the wrong kid to pick on.”

The schoolyard brawl all started when New Balance alleged that three Chinese brands infringed upon its well-known New Balance “N” trademark. The three Chinese shoemakers, New Boom, New Barlun, and New Bunren, saw fit not only to use similar brand names, but also to trade off of New Balance’s international acclaim by mimicking its slanted “N” design on their shoes. A Suzhou Court cited the defendants’ free-riding, consumer confusion, and market harm as the basis for its ruling in favor of New Balance.

What makes this case important is not only that New Balance was prepared to fight for its rights in China—often a challenging thing to do—but also that it was willing to do so over a single-letter trademark.

A trademark is a source indicator that can convey a range of messages about your brand such as quality, price, taste and reputation—the sometimes obvious and sometimes mysterious factors that, in total, are the goodwill of the brand.
Brand owners often reflect upon the value and protectability of words, names, logotypes, slogans and even colors as trademarks. The victory by New Balance in a famously tough territory tells us that a lot can ride on who is found to own and have the rights to exploit a single letter.

Minimalism is as much a factor in trademark recognition as anywhere else in the broad field of visual expression. Mercedes Benz has made a simple three-pointed star one of the most recognizable marks on earth. In the USA, Louboutin owns the color red for the soles of shoes, and Federal Express owns the truncated version of its mark popularized by the public: FedEx. Take it down even further, and you get marks with one or two letters: PayPal is recognized by two cerulean stylized “P’s” and Facebook by a solitary but consequential byzantine blue lower-case “f”. Uber upgraded its former “U” mark to a modernized “U” enclosed by emerald green.

In fashion, designers have been using single-letter marks for decades. Hermès uses its elegant “H”; and of course, New Balance is using its slanted “N”. A few logos have doubled letters: Gucci has made the twin “G” into a brand; as with the seemingly reflective Tory Burch “T”, the mirrored Fendi “F”, and the interlocking “Cs” of Chanel.

Single-letter marks can be significant in fashion because a single letter can serve not only as a logo, but also as a design that can be emblazoned on clothing, handbags, shoes, etc. Meanwhile, the boom in online retail—where a mark may be only barely visible—has been the basis for the further simplification of marks. The large British online retailer Asos recently abbreviated its trademark to the letter “a,” the better to identify the brand on its mobile app.

 

Credit: Candace R. Arrington

Candace Arrington provides research support as a law clerk to our corporate and business law, intellectual property law and entertainment law practices.


What Chanel and Kleenex Have In Common

Chanel-Words-BoardedStoreFront

When Chanel filled the back cover of WWD with an advertisement that was nothing more than black words on newsprint—without a perfume bottle, a skirt suit or even Karl Lagerfeld anywhere in sight—you knew that the topic was serious. The ad was an open letter directed to “fashion editors, advertisers, copywriters and other well-intentioned mis-users of our Chanel name.” It reminded them that CHANEL stands for the designer Coco Chanel, the signature perfume and the company’s other products, and that, “CHANEL is our registered trademark…”

And right they are. There are major brands that are virtually nothing other than trademarks. Run as design studios, they own no factories, and at least under US law, often have little hope of securing legal protection for the exclusive rights to their most successful designs. The good will, which for them is the core of enterprise value, is in the trademarks that identify the source of the products marketed under their brands and by which the public and trade recognize their goods.

The easiest way to dilute or otherwise damage a mark is for the owner and others to misuse it. That is why Chanel insists that a jacket not be called “a CHANEL jacket” unless Chanel makes it. Another easy way to lose a mark for goods is for it to become a generic term, which can start to happen when it is misused as a verb when applied to the goods of others, as in (to use Chanel’s hated examples), “Chanel-ed” and “Chanel’ized.” The ad closes the way you would expect by a piece that, by necessity, is a mild scold—by blaming the lawyers.

Kleenex-Tissue-BoxChanel is right, and even its lawyers are right. So are the lawyers for Xerox, who have been after writers for decades to knock off saying, “Go xerox it” or, just as bad, calling a rival maker’s photocopier a “Xerox machine.” They would rather that you say instead, “Go make a photocopy on the Xerox machine” or, even better, “let’s trade in that clunker of a photocopier for an authentic Xerox brand device.” As that example shows, the price of popularity of a trademark is that it comes to symbolize not merely a single source but an entire product category, which could cause the owner actually to lose exclusive rights to the mark. Other beneficiaries of this happy dilemma are KLEENEX, for facial tissues, and, in the UK, HOOVER, where it is often misused as a verb for operating any vacuum cleaner, as in, “Get your bum off the sofa; I’m going to hoover the floor now.”

Should any trademark for your fashion brand become so well known that it brings to mind an entire product category, you should consider doing what Chanel has done—get the word out that your trademark belongs to you alone and that it identifies you as the exclusive source of your products. To help achieve that goal in day-to-day usage, always use your trademark as a proper adjective, as in, “For my birthday, honey, I’d just love a little trinket, nothing more—say, a Chanel watch.” Your mark should never to be used as a (lower case) noun as in, “I had such a chanel moment today,” (when being admired while walking the dog in a Nike tracksuit). And it must never be used as a verb, as in, “Go chanel your look with a counterfeit Gucci purse.” (The two wrongs in that sentence do not make a right.)

Trademarks last as long as they are used and protected. Use yours well.

Credit:  Alan Behr