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Historical Development of Fashion Industry Oz Assignments
How has government or politics impacted fashion and how fashion impacted government or politics?
Government and fashion industry are related in one way or the other. Any activity that one of the sectors engage in affects the other either positively or negatively. The government makes laws that regulate how the fashion industry operates as the fashion industry generate income for the government (Bottomley, 270). The assignment is going to elaborate on how fashion and politics affect each other, mostly the laws that regulate trading. The first part of the task is going to illustrate how trademark law came into place, what happened and why things are the way they are today especially elaborating on the first reported trademark case which was called The First Trademark Case at Common property law.
History of trademark
In traditional society, communities engaged in barter trade. It was challenging for one to distinguish his or her product to the other person. No good or name specifically identified an individual in the market (Gupta, Shipra, and James Gentry, 38). Everyone was at will to sell goods the way they want. The term trademark focuses on identifying the source of the good and having a mechanism to differentiate it from another good even though they look similar. As the years counted down, competition among the traders increased, everybody was now fighting to survive in the market with a limited number of buyers.
When the competition became prevalent, sellers began putting symbols on their goods to distinguish them from their competitors and attract more customers. In ancient Egypt, there are porters’ marks that are appearing on traditional products, this traced where trademark issue began. However, the symbols cannot be termed as a trademark in the modern world. The who took part in the identification of the goods were not aware that it is going to be a reference on the source of the trademark in the modern world.
As the trading activity approaching its climax, merchants started using unique names to identify their goods. The names were accompanied by special drawing symbols to make it more different from other sellers. When it was approaching the 10th century, traders made use of merchant mark to identify their goods (Ford, 56). The action was prosperity in the trademark.
In recent decades, the issue of the trademark has taken a severe route with the famous case being the first reported trademark that was called The First Trademark Case at Common Law, the story of Singleton V. Bolton, 1783. The decision by the Court of King’s Bench was a seminal moment in 1783. The case was essential as far as a trademark is concerned as it laid the foundation for other traders to fight on how their goods can be distinguished from the other. Singleton and Bolton were struggling with the identification of the medicinal products. At one point, Singleton tries to make use of advertisements to bring down Bolton but to no avail. The only thing that could help now is using courts to solve the issue. However, many people were amazed as Singleton had a small business while the court case required more money than the assets in the industry. When Singleton approached the court, it was to stop Bolton from selling his ointments (Wang,78). Besides that, Bolton would pay back the losses he had incurred. The action was a remarkable common law case.
It is evident that the United States of America put in place federal trademark in 1870. The Congress had exercised their power to implement the copyright clause. However, the supreme court stopped the law due to trademark cases. When it reached 1881, Congress implemented another rule called the trademark act (Schwartz, 92). In 1905, Congress revised it again and later in 194; there were several amendments that the Congress performed on the federal law concerning trademark.
The fashion industry and the government
The fashion industry deals with making and selling of clothes. It is inevitable that the industry brings a lot of revenue to the government. There are numerous ways in which politics affects the fashion industry. The level in which fashion industry is expanding one cannot doubt. For new designers to make the requirement clothes in the market, they need support in the form of funding. However, the government is reluctant is funding the fashion industry. Despite absorbing many school leavers, the support in the form of funds is still a dream to the sector (Mainwaring, 80). Secondly, the government is the one who makes laws that govern the fashion industry. There are instances in which the government give directive of higher taxes, and that scares people who may be willing to join the industry. The amount of profit they make tends to fall because more money goes to the government.
Consequently, there is another issue in the fashion industry that influences that attracts government attention, the problem with ownership of the design. Many designers have claimed that others steal their innovations on fashions. For instance, when may come up with a plan today but the next day, another designer has published it as his or her own. The continuous struggle in the field with the issue of stealing ideas have forced the government to enact policies that control the fashion industry (Quirk, 116). Once a designer has come up with a product, he or she should register it. He will be the one distributing it, and anyone who wants to spread the same design thinking must seek permission from him or her.
There is another issue of digital marketing. In today’s world, the traders make use of the internet to market and sell their goods. It is important to note that traders get millions of money from digital marketing and it is sometimes more than what they sell physically. However, there is an increase in competition among traders in the digital market along with customer loyalty, market segmentation, and market penetration. Various laws protect the online businesses. The first rule is the copyright. Copyright law focus on the right duplication and publishing of ideas. After one trader has come with a sense, the knowledge is his or hers and its protected by the law. For a second party to publish the idea as his own, he or she must get the go-ahead permission from the trader. The second rule is the patent law. It is the right to manufacture the product of an inventor. Lastly, there exist trademark rule. The rule elaborates on the symbols that the business people are using to market their products. The government recognizes every product with a specific image, and no one can claim the same logo (Kerwin, Cornelius and Scott, 89).
There are guidelines that the traders should follow to avoid landing on the wrong side of the law. For example, using keywords that have been used by another person. Another thing is using a domain name that another organization is already making use of in the market. If one commits such offenses, then the government is expected to take serious action to the individual.
Generally, the above rules define fashion industry and trading in general. It assists the public from falling into the hands of fake traders, mostly on the internet (Mackintosh, 550). On the other hand, the regulations that the government implement on the trading industry assist in reducing the unhealthy competition in the market. The traders who cannot abide by the rules do not participate in the market. Collecting taxes have also become more comfortable with the government through the use of the above regulation. Since the implementation, the government revenue has increased as there are only authorized sellers and each on them is known by the government. In countries such as the United States, they have depended on English trademark rule to come up with their own (Schore, 67). The government mostly rely on the state courts to emphasize the common law.
1. Bottomley, Sean. "The Origins of Trade Secrecy Law in England, 1600–1851." The Journal of Legal History 38.3 (2017): 254-281.
2. Ford, William K. "Handout-Trademark Uses Within Expressive Works & False Endorsement Claims (April 5, 2018)." (2018).
3. Gupta, Shipra, and James W. Gentry. "Evaluating fast fashion: examining its micro and the macro perspective." Eco-Friendly and Fair. Routledge, 2018. 33-42. https://lawreview.law.ucdavis.edu/issues/47/3/Symposium/47-3_Bently.pdf
4. Kerwin, Cornelius M., and Scott R. Furlong. Rulemaking: How government agencies write law and make policy. Cq Press, 2018.
5. Mackintosh, Alan. "Authority and ownership: the growth and wilting of medicine patenting in Georgian England." The British Journal for the History of Science 49.4 (2016): 541-559.
6. Mainwaring, Laura. "Profit and Paratexts: The Economics of Pharmaceutical Packaging in the Long Nineteenth Century." Medical Paratexts from Medieval to Modern. Palgrave Macmillan, Cham, 2018. 75-90.
7. Quirk, Paul J. Industry influence in federal regulatory agencies. Vol. 84. Princeton University Press, 2014.
8. Schore, Allan N. Affect regulation and the origin of the self: The neurobiology of emotional development. Routledge, 2015.
9. Schwartz, Mark S. Corporate social responsibility. Routledge, 2017.
10. Wang, Zhong Lin. "On Maxwell's displacement current for energy and sensors: the origin of nanogenerators." Materials Today 20.2 (2017): 74-82.