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The Official Page of The Fashion Law.

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    Another day, another report on whether/how much starlets are paid to attend fashion events. Each season around fashion week, reports flood in about the nature of celebrity sightings at shows. In September, we shed light on the contractual nature of some stars' appearances and then in the beginning of NYFW in February, we told you that celebs, such as Kate Bosworth, are paid upwards of $100,000 for sitting front row. The latest update is from our friends over at PopSugar, who are putting a dollar value on some of the fashion world-meets-Hollywood heavyweights, see them below - including one who sat front row at Givenchy. Plus - read our thoughts on fashion's shift towards Hollywood here



    Jessica Alba is said to earn $100,000 per public appearance.

    Kate Bosworth also garners up to $100,000.

    Jessica Chastain also makes up to $100,000 per appearance, especially if the appearance is exclusive.

    Rachel Bilson, who appears less often at events, is said to fetch even more: up to $150,000.

    Camilla Belle gets between $20,000 to $50,000 per appearance.

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    Can you guess what designer Zara took some inspiration from for its Spring 2013 shoe collection, namely the multicolored lace up sandal below? Here are a few hints: the German-born, London-based footwear designer was nominated for the British Fashion Council/Vogue Designer Fashion Fund Award in 2010. He is a Central Saint Martins drop out, and he opened his first NYC store last May. He collaborated with Prabal Gurung for PG's 2012 Fall and Spring collections and his Resort 2013 collection. Lastly, rumor has it, LVMH is looking to invest in his company. 


    If you guessed Nicholas Kirkwood, we think you're right. To be specific, it seems fast fashion retailer, Zara, has looked to Kirkwood's collaboration with London-based womenswear brand, Peter Pilotto. It is not a blatant copy, but the weaved print that appears on both shoes is pretty similar. So, why is Zara likely in the clear, instead of being on the hook for copyright infringement (since Kirkwood could be entitled to copyright protection for the print on the fabric)? Well, chances are, the weaved bamboo print that both shoes share isn't original enough. While the level of originality/creativity required by U.S. copyright law is pretty low, this still may not meet the requisite level. While unoriginal elements may be protected by copyright law via classification as a compilation, when arranged in an original way, the shoes not likely not similar enough for that to work in Kirkwood's favor. 

    Zara Spring 2013 shoes

    Nicholas Kirkwood x Peter Pilotto Spring 2013 shoes

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    In what appears to be an extremely blatant attempt to profit from the look and feel of Alexander Wang's cult-worthy Rocco bag, Nasty Gal is at it again. The fast fashion retailer is offering up a nearly exact copy of Wang's famed bag by way of its Eros Studded Tote. Seriously, Nasty Gal? We are absolutely in favor of affordable fashion but Nasty Gal repeatedly takes it too far. Before I go any further, let's get something straight: I know that Nasty Gal is not responsible for the "design" and manufacturing of this bag. I know that they bought this bag from a supplier. I know other sites have carried copies of Wang's Rocco bag. Having said this, Nasty Gal's buyers are responsible for selecting this bag - a blatant copy. It is very likely not a coincidence that the Eros tote looks exactly like an Alexander Wang bag. Thus, both Nasty Gal and its manufacturer are at fault. It's as simple as that. Support original designs, not Nasty copies. 

    Alexander Wang (left) & Nasty Gal (right)

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    The Israeli foreign ministry has a new spokesmodel for its latest campaign to promote the country overseas: 27 year-old Israeli supermodel, Bar Rafaeli, and already the drama is in full effect.  Turns out, the Israeli Defence Forces officials are not amused, in part because the Sports Illustrated cover model did not complete the mandatory two years of military service. The Defense Forces Brigadier General has reportedly requested that the Foreign Ministry consider “the negative message sent out to Israeli society from the inclusion of Bar Refaeli, who did not complete national service, as Israel’s representative in a public relations campaign.”


    In Israel, there is a minimum term of national service in the armed forces, which Rafaeli did not complete. According to the NY Post: Refaeli argued that it would interrupt her modelling career. “That’s just the way it is,” she said at the time. “Celebrities have other needs. I hope my case has influenced the army. Israel or Uganda, what difference does it make? It makes no difference to me. Why is it good to die for our country? What, isn’t it better to live in New York? Why should 18-year-old kids have to die? It’s dumb that people have to die so that I can live in Israel.” Other sources claim the model managed to get out of the service by marrying a family a friend in 2003 and divorcing him shortly after.

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    Here at The Fashion Law, we've heard of quite a few major fashion-related recalls. Think: flammable Chanel blouses and the like. But this one is too good not to share. Luxe yoga clothes retailer, Lululemon, is recalling 17% of all women’s pants in stores because of a high level of sheerness (aka they are see through). The results are actually pretty major. A shortage of yoga pants in stores and online, and according to the WSJ, Lululemon’s stock has since fallen 5.2%. A spokesman for Lululemon said: “The ingredients, weight and longevity qualities of the women’s black luon bottoms remain the same but the coverage does not, resulting in a level of sheerness in some of our women’s black luon bottoms that fall short of our very high standards.” This isn't the first time Lululemon had made the news as of late. Not too long ago, the retailer settled the lawsuit it brought against Calvin Klein last year for patent infringement. 

    image courtesy of paperblog

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    Mary-Kate and Ashley Olsen continue to defy the celebrity clothing line stigma. They have founded and designed clothing ranges at every price point - from the critically acclaimed The Row, and mid-priced Elizabeth and James, to the cut-price Olsenboye collection for JC Penney. Honored last year by the CFDA and the Wall Street Journal for their design capabilities, the twins are taking the fashion industry by storm, and who could forget their $39,000 backpack that sold out?


    On starting The Row: “Initially, I wanted someone else to front the brand. We wanted someone else to rep it. But we couldn’t lie. Initially, I wanted someone else to front the brand. We wanted someone else to rep it. But we couldn’t lie. We hired a showroom and talked buyers through. People would drill us about fabric, where we’d make it. Their attitude was, ‘Who do these girls think they are?'"

    On their homeless-chic style: “We were called eccentric and eclectic. But we were just two California girls trying to dress for the New York winter.”

    On their one style rule: "When we were growing up, our mother taught us never to have your belly button exposed."

    MK on their style: "I usually do get the tomboy parts in the movies, which is kind of like me, but not totally. I like to shop as much as Ashley, but she is a little more of a girlie-girl than me."

    Ashley: "We've stayed really normal and down to Earth I think, and haven't let the success thing go to our head."

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    Apparently not everyone shares our view that Raf Simons can do no wrong. When Buzzfeed reached out to a bunch of casting directors to inquire about why the vast majority (about 90%) of the models that walked in the recent fashion month were white, James Scully (the casting director for Tom Ford, Jason Wu, Derek Lam, Stella McCartney, Lanvin & Carolina Herrera) went straight for Raf - essentially calling the designer a racist. He said: "I feel the Dior cast is just so pointedly white that it feels deliberate. I watch that show and it bothers me — I almost can’t even concentrate on the clothes because of the cast. And recently they’re changing from a very diverse, worldwide, multicultural cast to just a very Germanic-looking white girl. Natalie Portman could complain that John Galliano was a racist, but I feel [Dior designer] Raf Simons sends the same message." Also not spared from criticism by Scully: Simons' buddy (aka "rival") Hedi Slimane. 

    image courtesy of enfaseconnection

    Barbara Nicoli (who did the casting for Burberry, Marchesa, Gucci, Emilio Pucci, Armani Privé & Saint Laurent) made some very interesting points regarding race. Nicoli says: "I think, personally, I like a model if she's a beauty. Sometimes what I disagree with is putting a black girl [in a show] just because you need diversity. I love black girls. I'm a big fan of Joan Smalls. I would really like to put her in every casting, but sometimes she's not right for some castings and she's much better in others ... I don't like to talk in terms of white, Asian, black, etc., because a model is a model and that's it. To me, if we want to talk about diversity, it's about the model and not the color of their skin. It's more about the body, the face, and the attitude."

    I think Nicoli makes valid points. Diversity is not just about race. It is (or at least should be) derived from any number of factors. Further, casting directors should be free to cast whatever models they deem to most thoroughly embody the brand at issue, without being forced to take anything else into consideration. Please share your opinions with us in the comments below!

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    Quite a few companies have been granted patents lately: Swarovski, Bottega Veneta, Reed Krakoff, Jimmy Choo, and Twitter. The social media site was awarded a patent on its unique style of communication - namely, the system that enables users follow each other and display messages (aka tweets) that don't have specific recipients. Filed in July 2007, the patent was published yesterday with Twitter founders, Jack Dorsey and Biz Stone listed as the inventors. So, they are now parent holders for their “independent message distribution platform." The inventors are thrilled. Biz Stone tweeted yesterday, “Look Ma, I’m officially an inventor (my dream as a kid)!” [The Twitter-colored Birkins were my idea].



    An interesting side note: Last year, Twitter introduced its Innovators Patent Agreement, a contract of sorts between the social network site and its employees. As a result of the IPA, Twitter execs will not be pursuing litigation against competitors for the fun of it. The parties have agreed to only use their rights as patent holders defensively and that the control of any patents will stay in the hands of its engineers and designers. However, in a statement made last year, Twitter announced: “We will not use the patents from employees’ inventions in offensive litigation without their permission.” So, will we see some major Twitter-initaited litigation in the future? Sounds like we may. 

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    The fashion industry is buzzing about the similarity between a look from Phoebe Philo's Fall 2013 collection for Céline and a 2004 design by the late American designer Geoffrey Beene. The look in question: a gray wool trapeze coat with decorative knotted sleeves. A representative from the Geoffrey Beene Foundation seemed flattered by the similarity, telling WWD that Beene's designs have “inspired designers over the past several years” and that the coat “recreated by Céline in 2013, was a signature piece of Mr. Beene’s and a representation of how timeless his pieces were.” Others are not so supportive. For instance, Karl Lagerfeld's take: “I must say I was a little shocked,” and spokesmen for Céline have refused to comment. Legal enthusiasts read on ... 

    Geoffrey Beene 2004 (left) & Céline Fall 2013 (right)
    images courtesy of garmento

    While we all know by now that protection for the design and/or appearance of garments themselves is very difficult to come by, namely because clothing is useful in nature, this may or may not be an exception. There is a doctrine within U.S. copyright law that protects aspects of a work that are "separable." Without going into too much detail, embellishment on a belt buckle, for instance, has been deemed to be separable from the otherwise utilitarian nature of the buckle (a bit about that case here). Beene's coat may be worth considering in that context because the sleeves are seemingly on the coat merely for decorative purposes, as the arm holes are elsewhere (as seen more clearly in the Céline image). As such, there may be an argument that the sleeves are not serving a utilitarian purpose (as the coat is worn in a more sleeveless manner), and thus, the sleeves serve a purely aesthetic function. This argument may be a stretch and would likely be met with an enormous amount of opposition, but I think its worth considering. What do you think?

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    Hermès and LVMH are back in action. You may recall that Hermès filed suit in a Paris court in July against luxury conglomerate LVMH, the owner of just over 22 percent of Hermès stock. The complaint, which stems from LVMH’s acquisition of Hermès shares in 2010, accuses LVMH of insider trading and manipulating stock prices, and it didn't take LVMH long to retaliate. It didn't take LVMH long to retaliate. LVMH filed a complaint against Hermès for “blackmail, false accusations and unfair competition.” As of last week, the Paris prosecutor's office completed its preliminary inquiry into Hermès' complaint against LVMH, and the prosecutor's office will hand the case over to an investigating magistrate. Patrick Albaladejo, deputy chief executive officer at Hermès, told WWD: “We are very much encouraged by this. We welcome an in-depth investigation to be conducted, and hopefully in a diligent way. We believe we have a strong case.” LVMH, on the other hand, claims its complaint is also set to be handed over to the investigating magistrate. More to come ...

    images courtesy of fashionfoiegras

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    By Alex Chapman, The Last Magazine 


    The business of tailoring may connote traditionalism, but menswear designer Antonio Azzuolo, a tailor by trade, is by no means stuck in the past. Once a freelancer and design director before debuting his own custom hand-tailored line, a.a. antonio azzuolo, in 2008, Azzuolo looks to the old ways—“an examination of tradition, an appreciation of craftsmanship, structure, and control,” he notes—to inform his forward-thinking work. “These are elements that structure my designs. Then come influences that detour it, or liberate the tradition to new horizons,” the designer explains.

    His captivating Spring 2013 collection seems a perfect depiction of his process—sophisticated and fresh but never stiff, Azzuolo’s newest items include draping suits (as well as some more customarily cut), playful patterns, double-layered shorts, fitted turtleneck shirts, and a bright tribal-print jacket. “I remember my grandfather dressed impeccably, in a three-piece suit and tie, every single day, and his brother did the same, with sneakers!” Azzuolo remarks. “This collection is probably an homage to that generation and mindset.”

    While presenting the clothes, Azzuolo even had the models, two of which were women, don Nike running shoes, a further wink at the meaning of conventionalism. “Understanding the rules, but playing with them, and sometimes breaking these rules, is what inspires me,” the designer adds. With such a strong fusion of classic and modern at the forefront of his æsthetic, one wonders if Azzuolo has a dream customer in mind when he creates his clothes. “There is an ideal customer I aspire to dress and attract, but I am not sure he actually exists,” says Azzuolo. “It’s an aspirational customer that exists in part. What I know for sure is that he has an appreciation for fine clothing, but is not afraid to dress up and express himself through clothing.”

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    This week, the Supreme Court ruled on the U.S. copyright law doctrine, the First Sale Doctrine. Not exactly fashion law but extremely important and thus, worth discussing. For those who need a quick reminder, in terms of copyright, the First Sale Doctrine is an exception to a copyright holder's exclusive right to distribute copies of his work. Essentially, it enables the distribution of copyrighted products by individuals other than the copyright owner. Thus, an individual that purchases a copy (or copies) of a copyrighted work receives the right to sell, display or otherwise dispose of that particular copy. The Supreme Court held that invididuals who purchase copyrighted goods made in the U.S. and/or abroad may legally resell them without violating federal copyright law


    This case: Kirtsaeng v. John Wiley & Sons. Supap Kirtsaeng was basically buying textbooks that were lawfully printed overseas by a U.S. publisher for cheap, importing them to the U.S., and then selling them on eBay for American prices. Publisher, John Wiley & Sons, sought to block the import of the legally purchased overseas editions of its books, arguing that the first sale doctrine (the right to resell copyrighted works) only applies to goods made in the US.

    Basically, the court was deciding what the language in Section 109(a) of U.S. copyright law actually means. Namely, what it means to say that the First Sale Doctrine applies to any work "lawfully made under this title." The Supreme Court ruled in favor of Kirtsaeng. In an opinion authored by Justice Breyer, the court held that "the first-sale doctrine applies to copies of a copyrighted work lawfully made abroad."

    The recent history: In 1998, the U.S. Supreme Court decided Quality King Distributors v. L’anza Research, holding that a copyrighted item manufactured in the U.S. and initially sold outside the U.S. could be legally imported back into the U.S. according to the First Sale doctrine. Then in 2008, the Ninth Circuit heard the Omega S.A. v. Costco Wholesale Corp. case. Omega features a copyrighted globe design on the back of each of its watches and only sells through authorized retailers. When Omega discovered that Costco was selling Omega watches without the permission to do so, the Swiss watchmaker Omega sued Costco for violating its right to distribute the watches and for the unauthorized importation or resale in the U.S. Costco claimed that it was covered by the First Sale Doctrine and thus, was not infringing Omega's rights (as it had purchased authentic Omega watches). The Court ruled in Omega's favor, holding that in copyright law, the first sale doctrine does not act as a defense to claims of infringing distribution and importation for unauthorized sale of authentic, imported watches that bore a design registered in the Copyright Office. The Supreme Court affirmed this ruling (by way of a 4-4 split) in 2010. 

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    The Fashion Law Exclusive - Here's another update in the former Hearst Corp. intern lawsuit. Quick recap: Xuedan "Diana" Wang, a former Harper's Bazaar intern initiated a class action lawsuit against Hearst Corporation last year, alleging that Hearst violated federal and state labor laws (NY Labor Law and the Fair Labor Standards Act). Judge Harold Baer granted conditional certification in 2012, and last month, held that Hearst did not violate NY state labor and wage restrictions law by requiring its unpaid interns to be enrolled in college and receive college credit in lieu of compensation. Then, Wang alleged that Hearst failed to turn over contact information for possible class members and thus, is interfering with the notice process. Now, in an attempt to prevent the furtherance of a class action suit, Hearst is alleging that Wang failed to show an unlawful company-wide policy, because it is almost impossible to handle an issue on a class-wide basis if there is no company-wide illegal policy. So, why does Hearst want to avoid such a suit? Well, for one thing, there are reportedly 3,000 former-interns, who are able and/or looking to join the lawsuit with Wang. More to come ...

    image courtesy of imgmodelsblog

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    Beyoncé is the face of fast-fashion giant H&M's summer campaign. And because she apparently can do it all, she also helped design the collection. Whatever that means. Ann-Sofie Johansson, head of design at H&M talked about the collection: "There's the perfect bodycon dress, as well as a flowing sun dress that makes a real statement. And of course there are the bikinis, especially the fringed bikini. What makes these pieces even more special is that Beyoncé herself had input into the design, and they are full of her own personal style." I will stick to bodycon dresses designed by Cushnie et Ochs, but what about you? The announcement comes right on the heels of H&M announcing a 11.4 per cent slip in profits in the first quarter of 2013. We'll see if Queen B can help boost sales. It seems kind of unlikely since H&M's design collabs are rapidly losing steam; so much so that the mass retailer wouldn't accept returns of its Margiela collab. 

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    This happened this week. London-based artist Daniel Pianetti (who has worked with Hero mag and Nowness, etc.) put this photo of troubled starlet Lindsay Lohan in court on Tuesday above a Louis Vuitton logo, creating a makeshift LV advertisement. Then, the crew over at Buzzfeed added a caption to make it appear a little more ... real? The caption reads: "Some journeys have no end. Los Angeles. 9:45 a.m. LAX Courthouse," an obvious attempt to evoke LV's Journeys campaign. Now, of course, many fashion sites have been quick to label this as a parody, because that's what fashion sites do, but we are obviously not so sure.

    In case you're interested, a parody is the “use of some elements of a prior author’s composition to create a new one that, at least in part, comments on that author’s works.” (Campbell v. Acuff- Rose Music, Inc.). The Supreme Court has held that a parody may qualify as fair use, a defense to copyright infringement, if the work at issue (the parody) meets several factors. These factors include: 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2. The nature of the copyrighted work; 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4. The effect of the use upon the potential market for or value of the copyrighted work. Because each of these factors must be explored and weighed on a case-by-case basis, and depending on the facts of the case, the weight of each depends on the works at issue. Moral of the story: I really doubt the sites asserting that the Lohan image is a parody did the proper analysis to make an accurate claim. So, don't always believe what you read. 


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    Yesterday marked the launch of the annual CFDA and eBay partnership to raise awareness about counterfeit goods and celebrate original design. This year the two industry giants have once again teamed up for the Can't Fake Fashion initiative with nearly 100 of the CFDA's members to support original designs by way of the classic tote bag. Get your own one of a kind tote, here, and don't miss our continued coverage of the collaboration. See more of the one of a kind bags and learn why this is such an important initiative for some of the designers after the break.

    Michelle Ochs: "We wanted to be involved because at the least we can bring awareness to the issue, since young brands can't afford to battle every case of intellectual property theft."

    Cushnie et Ochs' custom tote (left) & Carly Cushnie and Michelle Ochs (right)


    Jenni Kayne“This was a fun project for me and a great way to support the CFDA’s anti-counterfeit goods initiative. It is especially close to me as I’ve experienced first-hand the effects of my designs being copied and do believe we need to spread the word!”

    Devi Kroell: "I was confronted with counterfeits very early on when I founded my previous label, Devi Kroell. I know how violated a designer feels when being knocked off. Eventually, I started seeing it as a compliment. The reality though is that this should not happen. You can't fake fashion is a great initiative, baby steps in the right direction, especially because eBay is THE market place for all these counterfeits, and many times, the eBay buyer doesn't even realize it's a counterfeit until they get their purchase. I applaud the CFDA and eBay for their effort."

    Jenni Kayne and her tote

    Devi Kroell and her tote

    BCBG MaxAzria (left) & J. Mendel (right)

    Alabama Chanin (left) & Peter Som (right)

    Ruffian (left) & Chris Benz (right)

    Stephen Dweck (left) & House of Waris (right)
    images courtesy of ebay

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    You probably know by now that TFL has a strict policy of covering everything Givenchy. This is mostly because watching a high fashion house with a couture collection become a streetwear brand is pretty fascinating. It’s like the process where a caterpillar becomes a butterfly - but in reverse and with way more screen-printing. 

    But that’s old news at this point. What is news is Barney’s new video lookbook for Givenchy S/S 2013. The video, which was shot by Gordon von Steiner, is full of Riccardo Tisci’s Givenchy hallmarks – lots of religious imagery overlaid with weird references to the American flag. Also new for 2013 they’ve included baseball bats, Miles Langford, and a new way to wear T-shirts that involves covering your entire head. Check the video out below then head to Barneys and buy that screen printed shirt of the Virgin Mary you’ve been wanting because that's the whole point. Or just watch the video five more times in awe like I did.  


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    It should not be news to anyone that YSL co-founder Pierre Bergé is praising Hedi Slimane's Fall 2013 collection for Saint Laurent. I mean, he is completely obsessed with Hedi, as evidenced by comments such as: “I am happy that Stefano Pilati is gone, just as I was happy when Tom Ford left.” And ... “Hedi lives in Los Angeles. He should be left to do fashion in a city he likes.” And ... “I am very, very happy today to have Hedi Slimane because he is a great fashion designer and he has a great talent, a huge talent. I like him, he is a friend and he worked for Saint Laurent a long time ago and he’s a member of the family, of the YSL family. I’m very happy.” So, what did Bergé think of Slimane's love it or hate it Fall collection?

    image courtesy of bloginity

    His completely biased views on the Fall 2013 collection: “I adored it; it’s exactly what needed to be done. It’s very moving for me, because it’s the spirit of Saint Laurent, but revisited with Hedi’s enormous talent. It’s terrific…I was the one who hired him, after all, so I have always had tremendous confidence in Hedi, and I’m thrilled.”

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    By Miles Socha, WWD

    Turning a page on its past as a retail-driven conglomerate, PPR said it is changing its name to Kering, effective June 18. The change in name and visual identity comes as the publicly traded French group, controlled by the Pinault family, nears the completion of its transformation to a fashion and accessories specialist in the luxury and sport/lifestyle segments. Speaking at a press conference, CEO Francois-Henri Pinault said the name has its roots in the Brittany region of France, and connotes a house or foyer. Pinault also unveiled a new logo - a stylized owl with a heart-shaped face - and tagline, "Empowering Imagination."


    PPR, originally an acronym for Pinault-Printemps-Redoute, began edging out of its roots in retail in 2006 when it sold the Printemps retail chain, following up with a stock market listing for African trading company CFAO in 2009 and a sale of the Conforama furniture chain to Steinhoff International in 2010. The group expects to sell La Redoute, the last major chunk of the Redcats catalog empire, by the end of this year.

    The origins of the company stretch back to 1963, when Francois Pinault established the building materials firm Pinault SA. It went public in 1988 and began acquiring retail banners in the Nineties, transitioning to luxury in 1999 with an investment in Gucci Group. 

    Today, its luxury division includes Gucci, Bottega Veneta, Yves Saint Laurent, Balenciaga, Alexander McQueen, Stella McCartney, Sergio Rossi, Brioni, Boucheron, Girard-Perregaux and JeanRichard, with Qeelin and Christopher Kane its latest acquisitions. Its nascent sport/lifestyle division is centered on Puma, and also includes the brands Volcom, Tretorn and Electric.

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    It is time again for a collection of some of our favorite looks of the week: those designed by emerging talents. Last week, you voted and loved model Karlie Kloss in Cushnie et Ochs - because she looked insanely great in their Spring 2013 frock! Up this week: Thakoon, Altuzarra, Peter Som and more. See all of the looks below and vote for your favorite. Be sure to check back next Friday to see who won!

    Diane Kruger in Thakoon Fall 2013

    Jessica Pare in Prabal Gurung Pre-Fall 2013

    Jessica Alba in Peter Som Spring 2013 (and Nicholas Kirkwood sandals)

    Emilia Clarke in Altuzarra Spring 2013

    Caroline Sieber in Christopher Kane Fall 2013

    Best Dressed This Week


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