I'm pleased to break the silence at long last, but sorry, this isn't a news or commentary post -- at least, not directly. You can always get your fill of fashion-law news and analysis at the LAW OF FASHION LinkedIn group and the super-informative blog for The Center for the Study of Fashion, Law, and Society®. This post, however, is actually a source cited in my forthcoming piece for the Harvard Journal of Law & Technology Digest, entitled "The TTAB's Dangerous Dismissal of 'Doubt.'" (Hint: The essay has to do with this disaster.)
"Dr. Knight complained to [his employee, Melissa] Nelson that her clothing was too tight and revealing and 'distracting.'..."
Nelson v. James H. Knight DDS, P.C., 11-1857 (Iowa Jul. 12, 2013)
MANSFIELD, J. (for the Court) [emphasis added; footnotes omitted]
... In 1999, Dr. Knight hired Nelson to work as a dental assistant in his dental office. At that time, Nelson had just received her community college degree and was twenty years old.
Over the next ten-and-a-half years, Nelson worked as a dental assistant for Dr. Knight. Dr. Knight admits that Nelson was a good dental assistant....
New article: "Fashion, Sexism, and the United States Federal Judiciary" (to be published in the July 2013 issue of Vestoj (UK))
This short piece (which might serve as a springboard for a more in-depth article) is slated to run in the
July October 2013 issue of the British publication Vestoj: The Journal of Sartorial Matters. Here is the abstract/first paragraph of "Fashion, Sexism, and the United States Federal Judiciary":
The U.S. federal judiciary has frequently displayed a dismissive attitude toward "fashion," while simultaneously recognizing the great economic importance of clothing. As fashion was, from the formation of the United States until at least the late 1960s, associated primarily with the female sex, while judges during this time period were almost exclusively male, one naturally wonders whether the power dynamics of gender shaped the development of the law pertaining to fashion. There is good reason to believe that this has indeed been the case.
While I encourage you to buy the upcoming issue of Vestoj, you can download my article now at SSRN.
Although the LAW OF FASHION LinkedIn group is active as ever, you've probably noticed that this blog has been pretty quiet lately. That's because this writer, one Charles Colman, has been hunkered down for the past few weeks, putting the finishing touches on his single-volume treatise, Fashion and Copyright, for LexisNexis-Matthew Bender. (You might recall my saying something about a book for Oxford University Press. Yes, this started off as that project... then this happened.)
Charles Colman's webcast CLE, "Copyright Protection in Fashion," [now available for viewing in Lawline.com archive]
This writer, one Charles E. Colman, is excited to be giving a 1.5 hour-ish CLE on copyright protection for fashion design under U.S. law TOMORROW, 3/28/13, at 10 A.M. (NYC). The course agenda and registration information are posted on Lawline's website.
[UPDATE (4/3/13): The video of the CLE has been edited and reposted on the Lawline website. Disclaimer: The occasional stock photos of courtrooms, fashion design studios, etc., were added without my knowledge; please disregard...]
Legislative resources can be found here ("laws passed in the United States [from 1783 to 1976] relating to copyright") and here ("full text of all versions of the Copyright Act of the United States from the 1909 Act to the present").