Gibson Dunn - The Fashion Law and Business Report

:

Gibson Dunn - The Fashion Law and Business Report > Posts > Fate of Lupita Nyong'o's Oscar dress puts spotlight on need to secure high-profile fashions
3.2.15
Fate of Lupita Nyong'o's Oscar dress puts spotlight on need to secure high-profile fashions

The concept of fashion law and criminal law rarely collide quite as spectacularly as the February 26, 2014 report in the New York Daily News that the $150,000 pearl gown worn by Oscar winner Lupita Nyong’o during the recent Academy Awards ceremony had been stolen from the actress’ hotel room at the London West Hollywood hotel.  Of course, theft is theft, whether the item stolen is a famous gown or simple cash, jewelry, or personal property.  It may, however, be more difficult for thieves to fence a unique dress that was seen by millions of viewers around the world, which may explain why the thief reportedly anonymously returned the dress days later.  (Or it may be that the thief simply learned that the dress was not really made of genuine pearls as had been widely reported.)

Regardless, the incident highlights an important facet of award ceremony fashions.  Each year, it becomes clearer that the fashions worn on Oscar night are big business, which complicates questions as to whether the focus on award-season style undervalues the creative contributions of the individuals being honored at these ceremonies.   The designers of these fashions, however, also deserve credit for the countless time, energy, and creative output poured into developing a new look that will generate a buzz on Oscar night.  And often, they see their work exploited only hours later by companies that proudly sell knockoffs of even the most unique and original designs.  As a result, it would not be surprising to see the brands that outfit the stars—or the celebrities themselves—arrange for increased security, not only in the days after high-profile events (where celebrities can make for tempting targets), but also in the days leading up to it, in order to preserve as much of a head start on copycats as possible.  As we have noted previously, because the U.S. does not protect fashion designs in the same way as many other countries, it is very important for fashion brands to be strategic in applying the legal protections that do exist.

Furthermore, as the Daily News article notes, the recent theft underscores the need for insurance sufficient to cover any losses.


© Copyright 2014 Gibson, Dunn & Crutcher LLP.
Attorney Advertising. Prior results do not guarantee a similar outcome. All information provided on this site is for informational purposes only, does not constitute legal advice, is not confidential, and does not create an attorney-client relationship. Statements and content posted to this site do not represent the opinion of Gibson Dunn & Crutcher LLP ("Gibson Dunn"). Gibson Dunn makes no representations as to the accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors or omissions therein, nor for any losses, injuries, or damages arising from its display or use.