Thread Conscious

February 10, 2013

IFB Con 2013 Highlights: Tyson Beckford, Birchbox and More

Filed under: Fashion Business,Fashion Law — Tags: , , , , , , , , , , , , , , , , , — Nik @ 3:16 pm

 

 

Travel to NY for IFB Con 2013 (3)

Fashionistas,

I recently flew to New York to present a Copyright/Trademark Workshop at the Independent Fashion Bloggers Conference.  This trip was an unforgettable experience, and if it’s any indication of what’s to come, then 2013 is going to be a fantastic year.

I met so many wonderful people, including IFB Founder and social media dynamo Jennine Jacob, model Tyson Beckford, Warby Parker Co-Founder Neil Blumenthal and Erica Lynn Young of Truth + Fashion.  The panel discussions were insightful, and I walked away not only with blogging ideas and inspiration, but also new connections and friends within the fashion blogasphere.  Here’s a recap of my favorite panel speakers, guests and products.

Fashionably Yours

Nik

DAY ONE

[Panel] Business in the First Year of Blogging (View Live Blog Here)

Tina Craig, Bag Snob (3rd from Left) and Panel Guests

Tina Craig, Bag Snob (3rd from Left) and Panel Guests

This panel addressed the hills and valleys of the first year of blogging.  Insightful and honest, I appreciated the panel’s candor about the hardships of every blogger’s most important year.  One theme amongst the panelists was surprise at the notion of being able to make money blogging.  Tina Craig, of Bag Snob fame, admitted she didn’t know what a blog was back then and joked that the word “blog” sounded disgusting.  But two months after launching, the Bag Snob earned $400 and she was hooked.

I also appreciated Craig’s no-holds-barred approach to reviewing handbags- sheer honesty is her policy. If she doesn’t like a bag, she says so with no apologies, and still maintains meaningful relationships with PR professionals.

MODEL MOMENT with Monster Headphones Spokesman Tyson Beckford, who was on hand for photographs- swoon!

Super Model Tyson Beckford

Super Model Tyson Beckford (Photo Courtesy of Fellow Blogger)

 

CEO Talk: Lisa Salzer, Founder of Lulu Frost

Lisa Salzer, Lulu Frost

Lisa Salzer, Lulu Frost

Admittedly, I’ve heard of the Lulu Frost brand, but was not very familiar with it.  That changed after hearing Lisa Salzer speak.  Salzer creates the perfect balance of vintage classics with modern touches.  Her family has been in the estate jewelry business for generations, and the brand name is a touching combination of Lisa’s nickname (Lulu) and her Grandmother’s last name.  Lisa’s connection with family resonated with me because the historical aspect of vintage jewelry is what makes it so appealing and special.  I cherish the pieces in my collection that belonged to my Great-Grandmother and Grandmother, because they keep me connected to these amazing women.

When Lisa was contemplating whether or not to launch the Lulu Frost line, she was sitting at home on her bed and saw a red robin land on her window sill.  It was her grandmother’s favorite bird, and Lisa took it as a sign that she should move forward with the jewelry line.  Today, Lulu Frost is a beloved brand, worn by celebrities, brides and women everywhere.

[Panel] Keeping it Fresh: The Secrets to Blogging Longevity (View Live Blog Here)

Susie Lau, Leandra Medine (far right) and Guests

Susie Lau, Leandra Medine (far right) and Guests

Bloggersphere favorites Leandra Medine (Man Repeller) and Susie Lau (Style Bubble) sat on this panel moderated by Karen Blanchard of Where Did U Get That.  My main takeaways from this session were:

  1. It’s ok if your blog needs to change format or design; remember your passion and creativity are the constants.
  2. Remain in tune with your readership, don’t dumb down your content, readers are sophisticated and will rise to your level.
  3. Video is the next ‘big thing’ and a great way to have a conversation with your readers.

With all the buzz around Vine, Twitter’s new video app, I just may consider adding video to the Thread Conscious repertoire.

Keynote: Katia Beauchamp, Co-Found and Co-CEO of Birchbox (Read Review Here)

Katia Beauchamp, Birchbox

Katia Beauchamp, Birchbox

I’ve been an admirer of Birchbox for a while and wrote about it in 2010 during its “try, learn, buy” debut.  An innovative new business model marrying the convenience of product samples with the familiarity of retail proved irresistible.  Birchbox has become an international phenomenon, expanding to France, Spain and the UK, as well as adding a men’s vertical, Birchbox Man.

The other remarkable aspect of the brand is that it’s run by two women who are best friends, Katia Beauchamp and Haley Barna.  These women rock tradition and challenge expectations- you can  go into business with your friends and be successful!

Other Highlights

Coffee Chat with Erica Lynn Young of Truth + Fashion

Coffee Chat with Erica Lynn Young of Truth + Fashion (Photo Courtesy of Anonymous New Yorker at my direction)

 

Aminta Iriarte of clothesandfashion.net/

Aminta Iriarte of clothesandfashion.net/

 

Mail Chimp DIY Booth

Mail Chimp DIY Booth

 

DAY TWO

[Workshop] Law of Fashion: A Blogger’s Guide to Copyright and Trademark Law (View Live Blog Here)

My Surreal Moment from the Stage!

My Surreal Moment from the Stage!

I was beyond thrilled to teach a Copyright/Trademark Workshop at IFB.  I want to sincerely thank everyone at the Conference who spoke with me and let me know that he or she found the presentation informative and helpful.  Remember, you can download the entire presentation here or visit the “Survey and Resources” link in the right-hand column of this page.

If you haven’t already, please submit feedback on my presentation, blog and vintage boutique by Friday, March 1st.

It was so much fun not only attending the Conference for the first time, but also being a part of the Workshops!  Here are some quick highlights from my presentation:

  1. Copyrights exist the moment you create your photo, blog entry, etc.
  2. Copyright doesn’t cover names, and just because you appear in photo doesn’t grant you copyrights to that photo.
  3. Federal Copyright registrations cost a minimum of $35.
  4. One of the main purposes of Trademark Law is to prevent customer confusion about what they’re buying.
  5. For stronger Trademark protection, choose a unique blog name and use it consistently.
  6. Rule of Thumb: If you can think of a blog name in 10 seconds or less, it’s probably already taken.
  7. Federal Trademark registrations cost a minimum of $275 per class.

CEO Talk: Neil Blumenthal, Warby Parker Co-Founder/Co-CEO

Neil Blumenthal, Warby Parker

Neil Blumenthal, Warby Parker

This session really meant a lot to me because Warby Parker is a great example of the power of fashion and philanthropy.  As I’ve thought more and more about how I want to live my life, I know that helping others should be an integral part of it.

I believe one of the most effective ways to do this is through a thoughtful combination of entrepreneurship and community service.  It may be difficult to incorporate charitable giving, due to the inherent financial uncertainty that comes with start ups, but companies like Toms Shoes and Kendra Scott prove it can be done and it does make a positive difference.

Neil Blumenthal helped start Warby Parker to provide quality eyewear to the world, not just the affluent.  As stated on its website:

“Eyewear with a purpose

Almost one billion people worldwide lack access to glasses. This means that 15% of the global population cannot effectively learn or work – a problem that Warby Parker is determined to address. We’ve partnered with non-profits like VisionSpring to ensure that for every pair of glasses sold, a pair is distributed to someone in need.

We believe that everyone has the right to see.”

Me and Neil Blumenthal of Warby Parker

Me and Neil Blumenthal of Warby Parker (Photo Courtesy of Monae Everett of monaeeverett.com at my direction)

[Workshop] Beyond Ads: New Ways to Monetize Your Site (View the Live Blog Here)

Dearrick Knupp, Samantha Lim, Shop My Label

Dearrick Knupp, Samantha Lim, Shop My Label

Shop My Label is a revolutionary way to monetize your WordPress blog beyond conventional affiliate links and ads.  Along with Glossi, I’m most excited about this e-commerce technology.  You can actually embed an e-commerce shopping window within your blog, ensuring that once the reader completes their purchases they stay on your blog, rather than being pulled away by another shopping site.  And you earn a commission on the sale.  This is an innovative solution built to benefit the blogger.  Watch the video to learn more, courtesy of Shop My Label.

 

January 29, 2013

IFB Con 2013 Is Almost Here: Stop By My Copyright Workshop on Day 2!

Filed under: Fashion Business,Networking Event — Tags: , , , , , , , — Nik @ 9:05 pm
IFBcon_2013

Image Courtesy of IFB

Fashionistas,

I’m beyond thrilled to announce that I’m teaching a Copyright and Trademark workshop at IFB Con this year!  This is such an honor to be among invitees such as Bollare, Shop My Label and Neil Blumenthal of Warby Parker, and I can’t wait to meet fellow bloggers in New York.  So- if you’ve been wondering about copyright infringement or how to choose a great trademark, don’t miss my workshop, Laws of Fashion: A Blogger’s Guide to Copyright and Trademark Law, on Feb. 7th.

If you’re not attending this year, don’t worry, I’ll be sure to keep you in the loop, so ‘Like’ my Facebook Page, subscribe to my public posts, and follow me on Twitter!  See you at IFB Con!

Fashionably Yours,

Nik

Nicole Sallie Franklin Head Shot

January 8, 2013

What Matters Most Now

Filed under: Art and Culture,Behind the Seams,Charity,Fashion Blog,Fashion Business — Tags: , , , , , , , , , , , — Nik @ 8:48 pm

Dear Fashionistas,

If you’ve been reading this blog for a while, you’ve probably figured out that I’m a huge geek.   Fashion geek, Trademark/Copyright geek, music geek, comic book geek.  Eclectic and perhaps a bit unexpected, these are all topics I’m passionate about.  As I’ve grown, I have learned to embrace my multi-faceted geekiness and I absolutely revel in it now.

Over the last quarter of 2012, I discovered a couple of books that proved incredibly insightful and transformative in my life, titled A New Earth and The Power of Now by Eckhart Tolle.  In a nutshell, they show you how to live life to the fullest right now- no need to wait for people or things to make you feel important or complete- you’re all good already.  Now, everyday, I’m fueled by passion to do the things that matter most to me, whether it’s pro bono work, holding a clothing drive for Dress for Success, yoga or blogging.

What am I most grateful for right now?  The ability to silence doubt and push myself to do the things that challenge me.  I’m a very private person and a perfectionist.  Because of this, the thought of starting a lifestyle blog and business was frightening.  There will always be opinions, external and internal, that try to cast doubt on one’s abilities.  I learned to silence the doubt, trust my own judgment and move forward with my goals, with the understanding that failure is a natural occurrence on the road to success that should be embraced, not feared.

I’m so glad I pushed myself to do what I’m passionate about, because Thread Conscious is not only an artistic outlet for me, but also a way for me to support other women-owned businesses via features like Behind the Seams.  The experience also gave me the confidence to open an online boutique, Vintage As A 2nd Language, with a dear friend of mine from law school.  Our partnership allows us to be the trademark geeks we truly are and leverage our love for vintage while building our business on our own terms.

Finally, I’m grateful for all of you, my fellow fashion geeks from around world who read this blog daily, and share a little piece of the web with me.  Thanks for going on this three-year journey of discovery with me.  Here’s to you, and all the other good things 2013 has in store.

XOXO,

Nik

July 31, 2012

IFB’s Blogger Name Generator is Trademarks 101

Filed under: Fashion Law — Tags: , , , , , — Nik @ 11:32 pm

Dear Fashionistas,

Recently, the Independent Fashion Bloggers website published an awesome article titled “The Blogger Name Generator: 9 Easy Ways to Name Your Blog.”  A blog’s name could be its bread and butter, as far as intellectual property is concerned.  Who in the fashion blogging world hasn’t heard of The Sartorialist or Bryan Boy?

The name of a blog may also serve as as trademark, so it’s important to choose wisely.  Read on for a brief overview of U.S. trademark law as it pertains to blog names, and be sure to check out my Legal Disclaimer as well.

As noted by the United States Patent and Trademark Office (USPTO), “A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.”

In other words, a trademark tells a customer exactly what he or she is getting and what company makes the product.  For example, when you see “Louis Vuitton,” you know that company sells high-end luxury leather goods.  When you see “The Man Repeller,” you know you’re visiting a blog with hilarious content cleverly mixed with haute couture.  “Dom Perignon?”  Champagne.  “Christie’s?”  Auctions.  “Tiffany’s?”  Jewelry.  As for the Blogger Name Generator, what IFB has done in essence, is highlight a cornerstone of U.S. trademark law called the Spectrum of Distinctiveness.

In a nutshell, the Spectrum of Distinctiveness is a measure of trademark strength- the more distinctive a trademark, the stronger it is and more legal protection it receives.  The Spectrum is simple, but super important.  Here’s a quick break down:

There are five levels of distinctiveness, the top level (fanciful) being the strongest (i.e. lots of protection).  As you go down the spectrum, distinctiveness, strength and protection decrease.  Marks that qualify as fanciful, arbitrary or suggestive are stronger than descriptive marks, and generic marks generally are not afforded legal protection.  So it’s a good idea to try to come up with a blog name that would fit into the top three categories!

Fanciful Marks: These are trademarks that consist of totally made up words and are inherently distinctive.  They are extremely unique so there’s not much chance any other business will have the same name.  Therefore, there’s not much chance for customers to confuse this business with another business.  Remember, the main point of trademarks is to prevent customer confusion. Example: “Zoosk,” for a dating website.

Arbitrary Marks: These are trademarks that don’t have much context or connection to the goods or services that are offered for sale.  Example: “Apple” for computers or “Starbucks” for coffee.

Suggestive Marks: These trademarks cleverly suggest to customers what the goods or services offered might be.  Example: “Twitter” for an online social network or “Bag Borrow or Steal” for an online boutique that rents purses.

Descriptive Marks: These merely describe the goods or services offered.  Because there’s a greater chance that other businesses selling the same type of product could use the same or similar mark, there’s a greater chance that customers could be confused as to which company is offering the goods.  As such, these marks are incredibly weak and not afforded legal protection until they gain secondary meaning, which is a fancy way of saying they become extremely well-known by the public.  Hypothetical Example: “Chewy” for chewing gum.

Generic Marks: These are words that generally cannot serve as trademarks because they do not identify the source (the company) of the goods or services to the public.  Example: Aspirin used to be a trademark until the public started using the word to identify many types of pain medications.  It became generic because it stopped identifying the source of the goods.  If someone asks for an aspirin, they may be referring to Bayer, Ibuprofen or Advil.

The majority of the name suggestions from the Blogger Name Generator appear to fall within the category of suggestive marks, which is pretty good.  However, I would be hesitant to use a trademarked word or brand within my own blog name, such as “Chanelista” or “Diorista,” as suggested in list number three of the IFB article.  Sure, they look like made up words and may seem to be arbitrary at first.  But the whole point here is to be creative and distinguish your brand or company from other companies, so why give the possible competition a shout out in your blog name!

Some of my favorite blog names mentioned in the article were Fashion Sushi and Lipstick and Lemon Drops.  Really clever and cute, these may also qualify as suggestive marks.  For more information about U.S. trademark law, you can check out the USPTO’s website which even includes helpful videos.  Also, please note that this article is not legal advice and only meant for general educational purposes.  I hope you found this particular post informative, and good luck choosing a blog name!

Fashionably Yours,

Nik