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What to Consider From a Legal Perspective When Launching a Fashion Brand

During an online lesson about fashion branding in the Fashion Business Essentials program, Douglas Hand, fashion lawyer and partner at Hand Baldachin & Associates LLP, shared insights about some of the legal considerations when rolling out a new brand or when naming a company or collection. It’s an exercise that needs to be part of a larger, more detailed discussion on brand strategy, which is covered in the more than 30 lessons of the fashion branding course. Fashion Business Essentials is offered by Parsons and WWD, and is powered by Yellowbrick. Here, Hand explains some of the legal considerations along with risks associated with brand collaboration and protecting a brand from intellectual property theft. WWD: From a legal perspective, what should be considered when launching a fashion apparel brand? Douglas Hand: There are three “must-dos” from a legal perspective when launching. First, the formation of a legal entity (or legal entities) to house the company is essential. This provides insulation from personal liability for the founders as well as a platform to issue equity to investors to fund growth. Trademarking the brand name, not only in the U.S. but also in other jurisdictions (notably China) is also imperative. Then, appropriate treatment and documentation of employees and

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