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“Can Beyoncé or Adidas Sue Popeyes Over Its Ivy Park-Inspired Collection? - Complex” plus 2 more

“Can Beyoncé or Adidas Sue Popeyes Over Its Ivy Park-Inspired Collection? - Complex” plus 2 more


Can Beyoncé or Adidas Sue Popeyes Over Its Ivy Park-Inspired Collection? - Complex

Posted: 31 Jan 2020 08:31 AM PST

Earlier this week, Popeyes dropped a collection titled "That Look From Popeyes," which spoofed Beyoncé's Ivy Park Adidas collaboration that was released earlier this month, but is currently sold out.

Popeyes mimicked the Ivy Park Adidas collection's maroon and orange color palette, which, in all fairness, the chicken chain is known for, and produced athleisure pieces like sweatshirts, oversized crew necks with the Popeyes logo on the sleeve, and long sleeve quarter-zip tops—the company claims these pieces are employee uniforms. The imagery for the collection took cues from Beyoncé's e-commerce images and her lookbook shots.

It was a smart marketing play, and garnered a lot of attention—the Popeyes collection is currently sold out and proceeds will go towards the Popeyes Foundation—but was it legal? 

We spoke to professor Susan Scafidi, the founder and president of the Fashion Law Institute at Fordham University, to see if Adidas or Beyoncé can take legal action.

Did Popeyes do anything illegal with its That Look from Popeyes collection?
Adidas is very protective of its three stripes. I'm going to presume that Adidas and Beyoncé are both protective of their trademarks and names, but a colorway is not something that I think Adidas and Ivy Park are trying to claim as their own. They haven't registered a trademark for the particular colorway and nor has Popeyes, although perhaps at some point in the past it could have, since clearly consumers make the association between that maroon and orange combination and Popeyes. But since they haven't, I think that these two collections can coexist.

Adidas and Beyoncé may have not been thrilled by the Popeyes association. On the other hand, Popeyes is also taking the sting out of it a bit by giving the proceeds to charity, which doesn't have direct intellectual property impact. But it does mean that it would be strategically a little more difficult for Adidas and Beyoncé to object.

Have you seen something similar to this where there were legal ramifications?
This one is unusual. I was trying to think in those terms, and nothing really came to mind. Clearly fashion companies step on one another's toes all the time. Like when Vetements used the DHL uniform. And they used it very directly. It wasn't  just a similar colorway or a nod to it. They turned the DHL uniform into high fashion and DHL didn't seem to object. DHL is of course, not in the clothing business, but using the logo could have raised some legal questions, but DHL just went with the publicity, at least publicly. 

It's not clear to me that the Adidas, Ivy Park collection intended to reference Popeyes, they might not be thrilled with it going a little bit downmarket, in terms of their references, but it sold out, so they can't be too concerned that consumers made the connection.

It seems like it's very hard to copyright design. We see Fashion Nova copy a high end dress Kim Kardashian wears all the time, and it's legal right?
Under U.S. law it's unbelievably hard to copyright design. And in most cases, yes, Fashion Nova is able to do that without legal ramifications. Now they have to be careful about using Kim's image, because she has a right of publicity. They have to be careful about using the brand name, which is protected. But by and large, under U.S. law, most fashion designs are not protected. Maybe a fabric print, so the two dimensional aspect rather of the design, could be subject to copyright. But in general, the U.S. lags behind Europe, Japan, a lot of other places in protecting fashion.

popeyes that look from popeyes
Image via Popeyes

Why is that? 
Historically, the U.S. was a pirate country when it came to fashion. We had, as of the mid 20th Century, almost half a million fashion manufacturing jobs in Manhattan alone. And most of that was either generic garments or knocking off Europe. And unlike other areas where the U.S. created the industry, like the film industry where copyright was granted pretty quickly. The U.S. made a lot of money copying fashion. And our laws just didn't adapt. Now that's completely changed. We have about 5,000 manufacturing jobs in Manhattan at this point, but enrollments in design schools, post Project Runway skyrocketed. And starting in the '70s and especially in the '80s, the U.S. became a global leader in fashion design, as opposed to a copyist of Europe and particularly Paris. So intellectual property laws just haven't caught up with the character of the U.S. industry.

Do you think Adidas/Beyoncé would have any chance taking action if we were in a different country? 
Honestly, the garments are not that unique. We're talking about tunics and T-shirts and hoodies. The garments themselves probably don't rise to the level of originality that would support design protection. It's the nature of the collab, it's the styling, it's the colorway, it's the names on the label, that are selling that particular collab.

But you mentioned how Tiffany has trademarked Tiffany blue, right? I just want to know if Popeyes could have done something about the Adidas Ivy Park collection's maroon and orange colorway. 
So the work that a trademark does is to indicate the source of something. So you see the blue on that little box, you know it came from Tiffany, you hope there's an engagement ring inside. And so Tiffany has created an association in the consumer's mind, between that color and Tiffany. At least in the jewelry context. If I wanted to paint my walls Tiffany blue or make a Tiffany blue dress, that's fine. So they have specifically trademarked the color blue for those little blue boxes and also their shopping bags and the front of their catalogs, that sort of thing. But it's specifically by product category. Hermes has orange, Christian Louboutin has red for the bottoms of shoes. So in theory, Popeyes could have trademarked a maroon and orange color combination for fast food uniforms, in the clothing space, and if they did, then maybe Adidas and Beyoncé would have run afoul of that trademark. 

Clearly there is an association in the consumer's mind, so there's the possibility that Popeyes could have tried to shut down the Adidas Beyoncé collab, because they would've said it's a common law trademark, something that is pretty unique to the U.S. That's a trademark that because it's being used as a trademark and it's recognized by consumers, it gets some legal protection, even without a formal registration. But Popeyes would have trouble doing that because they are not competing in the same space. Popeyes sells chicken. Adidas sells shoes and clothes. So it's not the same thing. If however, Popeyes had sold its uniforms to the public forever and was clearly established in the clothing space, then there could have been a conflict.

See the Best Super Bowl Performance Looks of All Time - E! NEWS

Posted: 31 Jan 2020 03:00 AM PST

When fashion meets football.

Even though the 2020 Super Bowl is just days away, we're taking this time to walk down memory lane.

But instead of reminiscing about the glory days of the beloved NFL event, we're looking back at something far more important: the best style moments to ever happen during the Halftime Show performances.

From Beyoncé's eye-catching black leather military jacket, gold chain harness and combat boots in 2016 to Diana Ross' larger-than-life strapless gown that swallowed the stage in 1996, these were the fashion lewks worthy of their own trophy.

Lady Gaga made several outfit changes during her performance, which stole the show in 2017. Along with her glitzy football shoulder pads ensemble, her holographic blue bedazzled bodysuit and matching knee-high boots scored big that night.

And it's safe to say that Shania Twain's fabulous number at the 2003 event really pushed the style boundaries for shows to come.

The country legend oozed with glamour in a diamond-adorned bustier, an extreme cut-out leather cape jacket and itty-bitty bottoms. She tied her flashy look together with equally lavish jewelry pieces, sexy knee-high boots and fishnet tights.

To see who else lit up the Super Bowl Halftime Show with their daring and dashing designs, scroll through our gallery below!

Shania Twain, Super Bowl XXXVII, 2003

KMazur/WireImage

Diana Ross, Super Bowl

Focus on Sport/Getty Images

Janet Jackson, Super Bowl Halftime Show

KMazur/WireImage

Beyonce, Super Bowl, 2013

Kevin Mazur/WireImage

Gloria Estefan, Stevie Wonder, Super Bowl XXXIII, 1999

Joe Traver/Getty Images

Wynonna Judd, Naomi Judd, Super Bowl XXVII, 1994

George Rose/Getty Images

Usher, Super Bowl XLV, 2011

Christopher Polk/Getty Images

Lady Gaga, 2017 Super Bowl

Patrick Smith/Getty Images

No Doubt, Sting, Super Bowl XXXVII, 2003

Ezra Shaw/Getty Images

Katy Perry, Super Bowl

Kevin Mazur/WireImage

Britney Spears, Aerosmith, Super Bowl XXXV, 2001

Doug Pensinger/ALLSPORT

Beyonce, Super Bowl, 2013

Al Pereira/WireImage

Diana Ross, Super Bowl XXX, 1996

Focus on Sport/Getty Images

Madonna, Ceelo Green, Super Bowl

Jeff Kravitz/FilmMagic

With that in mind, we can't wait to see what Jennifer Lopez and Shakira slay in during their 2020 performance.

How Dua Lipa's "Physical" Video Pays Homage to Beyoncé and Daft Punk - W Magazine

Posted: 31 Jan 2020 01:18 PM PST

Dua Lipa has made no secret that she's drawing inspiration from the past. Her upcoming album is titled Future Nostalgia, after all, and some of her recent wardrobe choices look like they were chicly up-cycled from a Delia's catalog.

So it was perhaps inevitable that one of Ms. Lipa's music videos from this album cycle would in some way reference the golden days of TRL. Her latest offering, "Physical", does just that. It's chock full of late '90s and early '00s cliches, but puts a new twist on them, saving the video from being an uninspired stream of first thought references (see: Charli's "1999" video).

As any viewer of MTV's Making The Video knows, quite often a pop music video from that era's entire concept could be as simple as something like, "Ok, so you're going to start out in the blue room wearing blue clothes, and then, later, we're going to twist it up and you'll be in the red room wearing red clothes. They'll never see it coming!"

Destiny's Child's "Say My Name" is one of the finest examples of the trend. Beyoncé and her bandmates each start off in their respective color-coded rooms before the video uses another well-worn trope of the time: the magically moving set (which we'll circle back to).

Christina Aguliera's underrated "Come on Over" also stands out as a defining use of the color coordinated trope.

And Blaque's "Bring It All To Me" puts a futuristic spin on the idea.

Over in Lipa's native England, pop acts like Girls Aloud were doing it as well.

There are likely dozens of other examples out there, but the point stands: coordinating your outfits to the walls of your room was a major component of turn-of-the-century music video vocabulary.

That trend's only rival? The aforementioned magically moving set. TRL-era directors were using all sorts of camera tricks and contraptions: rooms that literally rotated (as seen in videos from 'NSYNC and Dream), entire walls moved by dollies, and turntables and treadmills being built into the floor.

Jamiroquai's "Virtual Insanity" was the prime example.

But numerous videos from Michel Gondry play with the dynamic in unique ways. Most notably the set in Daft Punk's "Around The World," doesn't actually move, but the choreography and camera work is meant to make it look like it's spinning like a record.

Which brings us back to Lipa's latest. Shot in what seems to be an expansive warehouse or soundstage, the video depicts the 24-year-old English singer traveling through different color-specific zones, her own outfit changing each time. She winds up spinning on a turntable with her lover, and then it all explodes with dancers from each of the separate color zones meeting in the center for some very "Around The World"-like choreography. It's a literal kaleidoscope of late '90s and early '00s music video signifiers simmered down to their essence and built up into something new.

Related: Dua Lipa Cannot Believe the Internet Thinks She Photoshopped Her Lips in Baby Pictures

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