Susan Scafidi

Last updated
Susan Scafidi
Professor Susan Scafidi.jpeg
Education Duke University
Yale Law School
Occupation(s)President, Fashion Law Institute
Professor, Fordham University School of Law
Website CounterfeitChic.com

Susan Scafidi is an American lawyer, legal scholar, advocate, nonprofit executive, and commentator. The first professor to offer a formal course on fashion law at a U.S. law school, she is the founder and president of the Fashion Law Institute, a nonprofit organization located at the Fordham University School of Law in New York City. [1]

Contents

Scafidi is a frequent commentator on fashion and fashion law, with appearances in the New York Times, [2] the Wall Street Journal, [3] Women's Wear Daily , [4] Forbes [5] Time, [6] Newsweek, [7] Crain's New York Business , [8] the Chicago Tribune, [9] National Public Radio, [10] Today, [11] CBS This Morning, [12] [13] 20/20, [14] The Tyra Banks Show , and other media outlets in the U.S. and abroad. She is also known for her work on cultural appropriation. [15] [16] [17]

Fashion law

Scafidi is credited with being the "pioneer," [18] [19] [20] [21] "innovator" [22] and "senior stateswoman" [23] of fashion law as a distinct legal field. [24]

In 2005, Scafidi launched CounterfeitChic.com. [23] [25] In addition to discussing examples of originality and copying in fashion, Scafidi used the site to call for a cultural analysis of fashion design protection. [26] Scafidi's work in Counterfeit Chic has been cited as the inspiration for subsequent fashion law sites. [23] [27] The American Bar Association has recognized Counterfeit Chic as a top 100 law blog, [28] and Counterfeit Chic has also received attention in multiple media outlets, including the New York Times, [29] ABC News, [30] and The Tyra Banks Show.

Scafidi was the first law professor to advocate for recognizing fashion law as a distinct legal field. Besides writing and speaking on the subject, she offered the first course on fashion law. [1] [31]

Fashion Law Institute

In 2010, with the support of Diane von Furstenberg and the Council of Fashion Designers of America, Scafidi founded the Fashion Law Institute, the world's first academic center dedicated to legal and business issues pertaining to the fashion industry. [32] [33] [34] [35] In 2015, Diane von Furstenberg and Scafidi announced the launch of the world's first master's degrees in fashion law: a Master of Laws for attorneys and a Master of Science in Law for designers, executives, and other non-attorney members of the fashion community. [36] [37]

Advocacy for fashion design protection

Scafidi has been a leading proponent for the enactment of intellectual property protection for fashion design. [38] [39] [40] In 2006, she testified before the House Judiciary Committee in favor of the bill now referred to as the Innovative Design Protection Act, which she helped draft. [41] [42] She has continued to speak about the bill and to provide updates on design protection in Congress and the courts. [43] [44] She has been an expert and amicus brief author in multiple cases pertaining to brand protection, including Star Athletica, LLC v. Varsity Brands, Inc. [44]

Civil rights

Scafidi was a founding board member of the Model Alliance, which was formed after Scafidi approached model advocate Sara Ziff to discuss organizational strategy after a showing of Ziff's documentary, Picture Me. [45] [46] Scafidi and Fashion Law Institute assisted with the drafting and enactment of a New York state law that established legal safeguards for models under the age of sixteen. Scafidi described this legislation as "one of the biggest developments in a century, bringing a whole new group under legal protection." [47] [48]

Scafidi is on the advisory board of the Humans of Fashion Foundation, an organization dedicated to curbing harassment throughout the fashion industry. [49]

Cultural appropriation

Scafidi is the author of Who Owns Culture?, a study of cultural identity in the contemporary marketplace. [50] Scafidi's work on cultural appropriation and ethnographic legal history has been cited in a range of scholarly articles. [51] As she explained in a January 2006 talk at the annual meeting of the Association of American Law Schools, Scafidi's work in both cultural appropriation and fashion grew out of an interest in forms of creativity that the law does not protect and the values implicit in this status, in contrast to other academics' focus on works with extensive and increasing intellectual property protection. [52] [53] [54] Scafidi's work on cultural appropriation has also been cited on both sides in public debates over the use of culture in fashion, such as the Urban Outfitters' Navajo panty; [55] [56] [57] the use of Native American garb in the 2012 Victoria's Secret Fashion Show;, [17] literature, music, and art; [58] [59] and Moana and other halloween costumes. [60]

Education and academic career

A native of Washington D.C., Scafidi received her B.A. from Duke University and J.D. from Yale Law School. She also did graduate work in history at the University of California-Berkeley and the University of Chicago.

After graduation from Yale, she clerked for Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit

Scafidi's first law teaching position was at the University of Chicago. She subsequently joined the faculties at the St. Louis University School of Law and the Dedman School of Law at Southern Methodist University, where she received tenure. Prior to becoming a law professor at Fordham University School of Law, she also taught in the law schools at Brooklyn Law School, Georgetown and Yale. [61]

Selected writing

Related Research Articles

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<span class="mw-page-title-main">Intellectual property</span> Ownership of creative expressions and processes

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.

<span class="mw-page-title-main">WIPO Copyright Treaty</span>

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<span class="mw-page-title-main">Counterfeit</span> Making a copy or imitation which is represented as the original

To counterfeit means to imitate something authentic, with the intent to steal, destroy, or replace the original, for use in illegal transactions, or otherwise to deceive individuals into believing that the fake is of equal or greater value than the real thing. Counterfeit products are fakes or unauthorized replicas of the real product. Counterfeit products are often produced with the intent to take advantage of the superior value of the imitated product. The word counterfeit frequently describes both the forgeries of currency and documents as well as the imitations of items such as clothing, handbags, shoes, pharmaceuticals, automobile parts, unapproved aircraft parts, watches, electronics and electronic parts, software, works of art, toys, and movies.

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Fashion law deals with legal issues that impact the fashion industry. Fundamental issues in fashion law include intellectual property, business, and finance, with subcategories ranging from employment and labor law to real estate, international trade, and government regulation. Fashion law also includes related areas such as textile production, modelling, media, the cosmetics and perfume industries, questions of safety and sustainability, dress codes and religious apparel, consumer culture, privacy and wearable tech, and civil rights. Clothing laws varies by country.

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<span class="mw-page-title-main">TRIPS Agreement</span> International treaty on intellectual property protections

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<span class="mw-page-title-main">Copyright infringement</span> Illegal usage of copyrighted works

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Counterfeit consumer goods—or counterfeit, fraudulent, and suspect items (CFSI)—are goods, often of inferior quality, made or sold under another's brand name without the brand owner's authorization. The colloquial terms knockoff or dupe (duplicate) are often used interchangeably with counterfeit, although their legal meanings are not identical.

<span class="mw-page-title-main">Intellectual property in Iran</span>

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<span class="mw-page-title-main">Fashion Law Institute</span> Council of Fashion Designers of America

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Star Athletica, LLC v. Varsity Brands, Inc., 580 U.S. ___ (2017), was a U.S. Supreme Court case in which the court decided under what circumstances aesthetic elements of "useful articles" can be restricted by copyright law. The Court created a two-prong "separability" test, granting copyrightability based on separate identification and independent existence; the aesthetic elements must be identifiable as art if mentally separated from the article's practical use, and must qualify as copyrightable pictorial, graphic, or sculptural works if expressed in any medium.

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<span class="mw-page-title-main">Native American fashion</span>

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<span class="mw-page-title-main">Indigenous fashion of the Americas</span>

Indigenous fashion of the Americas is the design and creation of high-fashion clothing and fashion accessories by Indigenous peoples of the Americas.

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