Delivered by Miyuki Ebisawa, a lawyer at Mimura Komatsu Law Firm, the special feature 'Fashion Law'. "Fashion Law" involves legal concerns related to the fashion industry, and in March this year, Japan's first "Fashion Law Guidebook" was published.
The drafting of the Fashion Law Guidebook was overseen by the Ministry of Economy, Trade, and Industry through the establishment of the "Fashion Future Study Group – Fashion Law Working Group." Ebisawa served as the vice-chair.
The final installment delivers the second part of a discussion with Ebisawa and Shunta Nakajima of ALMOSTBLACK.
ALMOSTBLACK, co-founded by Nakajima and Masaki Kawase in 2015, is a men's fashion brand under the concept of "POST JAPONISM." The brand has gained international acclaim and is noted for various collaborations with artworks.
Continuing from last time, we will discuss the real experiences of Nakajima, a front-line fashion designer, and explore issues around the fashion industry and law, and how designers, brands, and legal professionals can collaborate.
Specializing in legal issues related to fashion, operating the legal consultation service 'fashionlaw.tokyo', and leading the fashion law-focused media "mag by fashionlaw.tokyo." Part-time lecturer at Bunka Fashion College, researcher at the Fashion Law Institute Japan. Member of the Ministry of Economy, Trade and Industry’s 'Study Group on Fashion Futures' and vice-chair of the 'Fashion Law WG'. Since 2022, external director at Takashimaya Co., Ltd. Active in writing, interviewing, and speaking about fashion law.
PROFILE
Shunta Nakajima
ALMOSTBLACK Designer
After graduating from ESMOD Paris, Shunta Nakajima worked for two years as a design assistant in the atelier of designer Raf Simons. He has since built his career with domestic and international designer brands and, in 2015, launched the men's fashion brand 'ALMOSTBLACK' with Masaki Kawase. Under the concept of 'POST JAPONISM,' collaborations with artists have garnered attention. In recent years, he has expanded his activities to include director roles for e-sports apparel brands and has co-founded a branding company with Junya Komatsu of Mimura Komatsu Law Firm.
Challenges & Measures Against 'Imitation'
EbisawaIn the first and second part of our series, I discussed imitation with lawyer Mayuko Yamamoto. Has ALMOSTBLACK experienced any issues with imitation, Nakajima?
NakajimaWe have. We once had an experience with a major street-fashion brand replicating our design exactly. Moreover, after being worn by a celebrity, the item sold rapidly.
Furthermore, that company had several instances of imitation and was sued by other brands. In the end, whether to imitate or not doesn't depend on the size of the brand but on the company's compliance standards.
As for how ALMOSTBLACK responded, we were not yet under contract with Mimura Komatsu Law Firm at the time, and considering the effort and time involved in litigation, we chose to just watch it play out.
For smaller brands, the business's demands and litigation costs often lead to letting such matters slide, I believe.
EbisawaIn the previous conversation with Yamamoto, we discussed systemic issues, but I hope the fashion industry will spread the notion that 'imitation is uncool.'
D-VEC × ALMOSTBLACK 2023aw
NakajimaWhile there are malicious cases, looking around, I notice that some imitations happen inadvertently. It's crucial for companies and designers to consider what is legally permissible when designing.
For this, it's essential, though tedious, to continue educating within the industry.
EbisawaThat’s right. I often teach fashion law to students, and recently, due to the heightened interest in sustainability, I frequently come across cases within the school where students are engaged in 'upcycling projects.'
In these instances, it is not uncommon to see upcycled products being sold using famous brand clothing with the brand’s logos and marks retained.
In fact, when you process and sell old clothes with logos, marks, or brand tags, there’s a high likelihood of infringing on trademark rights.
When I point out, "This isn’t acceptable," not only students but also teachers are often surprised and ask, "Oh, is this wrong?"
NakajimaEven at thrift stores, where sustainability and remixing are promoted, items that are legally questionable are still being sold.
In the industry, oftentimes products are developed, relying on advice from more experienced individuals rather than consulting with lawyers, and there have been cases leading to lawsuits.
If litigation occurs, even without malicious intent, small brands can be wiped out in an instant.
EbisawaExactly. Whether it’s imitation or upcycling, it isn’t necessary for brands and designers to know every little detail of the law, but it would be beneficial if they had a sense of, 'Isn’t this problematic?' or "Could this be a legal violation?" This knack can also help avoid a PR crisis.
