FOR IMMEDIATE RELEASE: Lawyers Launch Fashion Law Firm Serving Fashion Industry

FOR IMMEDIATE RELEASE: Lawyers Launch Fashion Law Firm Serving Fashion Industry

Bay Area, CA (May 16th, 2012)— Attorneys Uduak Oduok and Unwam Oduok announce, today, the launch of their new law firm, Ebitu Law Group, P.C. The Bay Area California headquartered law firm is one of the few firms in the USA offering Fashion Law services to the Fashion Industry.

“Many in the fashion industry have a need for lawyers with actual industry experience who understand the unique issues the industry faces,” said Attorney Uduak whose twenty years experience in the fashion industry encompasses modeling, media, publishing, fashion production, branding and public relations.

“Unfortunately and often, we hear these fashion professionals complain about how to find attorneys who “get” fashion; or worse, hiring attorneys who were clueless about the unique issues they faced as fashion professionals. We felt there was a market for a new type of law firm that gets the language of fashion.”

According to Oduok, Fashion Lawyers handle numerous matters in areas such as intellectual property, business law, licensing, contracts, textiles, merchandising and import/export. Fashion Lawyers also serve clients that range from retail stores, designers, manufacturers, modeling agencies, photographers, distributors, fashion editors, publishers, beauty companies to fashion houses.

The firm also offers legal services in other practice areas including Business Law (start-ups,  incorporation (LLCs, Partnerships, Corporation), contract negotiations, contract drafting of a wide variety of agreements, breach of contract disputes, business debt negotiations, fraud/misrepresentation, breach of fiduciary duty claims, business dissolution and partnership dissolution).

“They say there is “power in numbers,”” said Partner & Attorney Unwam Oduok. “Our goal is that together with our passions, experiences and intellectual abilities, we provide and continue to provide quality, compassionate and experienced legal representation to our clients.”

About Ebitu Law Group, P.C.
Founded in 2012, Ebitu Law Group (ELG), a Professional Corporation, is an experienced firm committed to the pursuit of legal excellence and client service. The firm remains uncompromising in delivering quality, compassionate and affordable solutions to its clients’ legal problems, solutions that help its clients sleep well at night. The firm offers legal services in several practice areas including Fashion and Entertainment Law, Business Law & Litigation and Internet & Social Media Law.

For more information, visit www.ebitulawgrp.com.

Contacts

Ebitu Law Group, P.C.
Uduak Oduok, Esq.  1-888-242-8446/916-361-6506
(uduak@ebitulawgrp.com)

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President Barack Hussein Obama Inauguration and Speech

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President Bush, A Legacy of Strong Aid to Africa

President George W. Bush recently gave his farewell speech to the nation. The reaction to his speech on social media, television and radio has been most calling him the "lame duck," the "dumbest President ever," etc. While President Bush absolutely gets an F for invading Iraq and leaving a gaping hole in the pocket books of most Americans, when it comes to Africa, he gets a B+ if not A-. President George W. Bush has been good to Africa and arguably, the growth and exodus of African professionals back to the continent has a lot to do with the kinds of trade policies and partnership President Bush instituted during his reign with Africa. We think great minds can agree to, objectively, give credit where credit is due. As such it is only fitting we point out his track record with respect to Africa and let it do the talking.

BUSH'S AFRICA LEGACY/RECORD

First President to meet with twenty five African head of States in the first two years of office.

30% increase in assistance to Sub-Saharan Africa from fiscal year 2001-2003.

Under his administration and support, debt canceled for twenty seven African states.

The first and largest contributor to donate over $500 million to Global HIV/AIDS Fund.

Under his adminstration and support, $34 billion debt cancelled for 27 countries in Africa.

Very relevant to what we do here at Ladybrille, implemented the Africa Growth and Opportunity Act, a trade peference program that provides for beneficial tarriff opportunities for imported products from Africa. 90% of products imported from Africa to the USA are duty free. See Ladybrille's interview with the United States Trade Office on AGOA.

Directly responsible for the North-South peace deals in Sudan. Also directly involved in helping facilitate the ending of wars in Sierra Leone and the Congo.

Initiated the USA Malaria initiative that has halved Malaria in fifteen African countries.

The list goes on and might we add that even on a domestic level, he remains the President with the most diverse cabinet, yet. He was the first President to have a Black Secretary of State, Colin Powell. He was also the first President to have a Black woman as the Secretary of State, Condoleeza Rice [First Black woman and second African American to hold the position]. His administration was filled with a very diverse staff, from the Chief White House photographer who is a Black man to the current Chef who is a minority woman, among many.

Again, while we agree that the US had no business in Iraq, it doesn't diminish the positive and strong work this President has done for the less fortunate in a place that really matters, Africa.

Resources: Center for Global Development
BBC News, 'Has Bush Been Africa's Best Friend? '[Jan. 16th, 2009]
The Sullivan Foundation, "Bush Record on Africa, Hard to Follow." [Oct. 2007]
President Bush, Africa Policy, White House Website

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Black Lawyers Rock! Inaugural Events to Check Out this Weekend.

Black lawyers rock! No, it's not just because Ladybrille's Nana Danquaah Osafo and Uduak Oduok are Black/African lawyers, although that is a plus [you smile]. It is because two of the most powerful people ready to move into the White House and help take the country and world a different direction are BLACK LAWYERS! Yes, you guessed right! Michelle and Barack Obama.

This weekend, there are lots of inaugural events planned by African and Black organizations in the Washington DC area. Below are some of our picks worth checking out.

The National Bar Association [NBA] is one of the largest and prestigious legal organization for black lawyers. Their inaugural event featuring some of the most impressive group of dignitaries including the Honorable Barbara Lee, Chair of the Congressional Black Caucus, the Honorable Rodney E. Slater, former U.S. Secretary of Transportation under the Clinton Administration, Charles J. Ogletree, Jr., Harvard Law Professor and Advisor to President-Elect Barack Obama and the Honorable Bob J. Nash, former Assistant to the President and Director of White House Personnel under the Clinton Administration is sold out. HOWEVER, Ladybrille aspiring legal minds and/or practitioners, you can still purchase tickets to the NBA's pre-inaugural events here.

National Congress of Black Women [NCBW] Inaugural: The NCBW has assembled some superb set of events throughout this inauguration weekend and if you will be in the DC, area, you must attend at least one. They tell us there is a ""Just Desserts" Reception and other social events that are designed to maximize your opportunity to connect and celebrate with other professionals, politicians, and celebrities for an engaging peer to peer experience." One of the brains helping to orchestrate this event is Bizunesh Scott, Esq. be sure to let her know the folks at Ladybrille sent you. Visit the site here for the events line up and to purchase your tickets.

Kenya Embassy: The Kenyan Embassy has a line up of some fun activities for the inauguration weekend that is open to ALL Kenyans and Friends of Kenya. For example, on January 20th, 2009 they have an all Boys Choir of Kenya who will perform at the Washington Plaza Hotel in DC. Later, they follow up with a Pan African Inaugural Black-tie Ball in honor of President-elect Barack Obama hosted jointly by the Kenya Embassy Washington DC, the African Diplomatic Corps - DC, the Corporate Council on Africa (CCA), the African Union Mission in DC, and the African Professionals in DC. Visit Kenya's Embassy site for more details and to purchase your tickets here.

All Africa Inauguration Ball: 'The purpose of All Africa Inauguration Ball is to bring people together in celebrating the historic Election of a son of an African Immigrant, Barack Obama as the 44th President of the United States of America, and to Renew the Spirit of Community which is so fundamental to Africans.' Click here to visit the site for more details.

Africa Inspire Inauguration Ball at the Smithsonian National Museum of African Art: Africa Aspire, in conjunction with the Smithsonian National Museum, present this exciting inauguration event that has Michelle and Barack Obama as guests of honor. Click here for details.

Have an absolutely brilliant weekend!

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Big Law Firms Put Freezes on Associate Salaries

The legal industry is not immune from the ongoing economic crisis. As of December 2008, two of the largest law firms in the USA announce cuts and freezes on associate salaries. Orrick, Herrington & Sutcliffe, a global firm with lawyers and offices in North America, Japan and Asia recently announced a freeze on salaries of its 670 associates while Latham & Watkins also recently announced similar freezes for its associates.

What this means? If you are making $200,000 a year as an associate at any of these firms, your base salary remains the same till the firm and the clients it serves gain confidence in the markets. Needless to say, this sets a trend in the legal markets and we are about to see a trickle down effect as most industries, including the legal industry, experience continued volatility.

Source, Legal Tech

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Music Recording Industry Abandon Suits Against Copyright Infringers

Depending on who you ask, we are probably living in some good times, at least when it comes to law suits. Take for example, the recent announcement by the Music Recording Industry to abandon litigious pursuits of song swappers on the internet who infringe on their intellectual property rights. Why?

It's the economy! The cost of litigation, especially during these very hard economic times simply outweighs the benefits of such pursuits. Even if the Recording Industry wins against the over 35,000 persons they've insitituted actions since 2003, it would most likely render them bankrupt--not something they want. The recording industry has now come to its senses and agreed to negotiate with internet service providers to cut abusers' access if they ignore repeated warnings. Much cheaper and effective alternative if you ask us.

The impact on you? "Naija Boy" a la Soulja Boy or "Ebute Metta" a la Rihanna's Umbrella can still have their songs on You Tube without fear of litigation. Although, if it becomes a bit much, there is a substantial likelihood YouTube might ban such violators of copyrighted works.

Source, First Amendment Center

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Walmart Names McMillion As President and CEO of International Division

In spite of the global economic crises and a recent $640 million settlement for employment law violations, retail giant Walmart charges ahead with naming Doug McMillion as President and CEO of its International Division. Particularly relevant to the African clothing and textile industries is that McMillion and Mike Duke, President and CEO of Walmart, promise to focus on emerging markets.

“We will continue to focus on emerging markets with strong growth potential, as well as established markets that we believe have the potential to deliver consistently strong returns,” according to Duke.

Never quite free of controversies, nevertheless, Walmart enjoys a relationship with Ghana’s burgeoning garment industry who is now part of the global supply chain to Walmart.

Source WWD

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Barbie v Bratz Dolls, Fashion IP Litigation

Update: In this intriguing intellectual property case involving one of the oldest brands in the toy business vs a newcomer,a California court rendered judgment in favor of Mattel, makers of Barbie. The court ruled that Bratz dolls' Carter Bryant invented the idea of Bratz dolls while he was an employee for Mattel. This ruling is significant as Mattel could be awarded millions of dollars when the jury weighs in on damages.

Ladybrille Tip: Even if you are a very creative designer/employee, when you work for an employer and then leave to set up your own shop, be careful not to infringe/steal your employer's intellectual property rights. If you are unsure what constitutes intellectual property infringement, get legal counsel otherwise, the results could be economically and socially disabling.

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Mr. President + November 5th Etiquette for All Black People!

C ongratulations Mr. President, Barack Hussein Obama, that is!! We are super proud of your accomplishments and stand ready to be at your service. Meanwhile, please excuse us for a minute while we pass the recent message from Mrs. Eure to all Black people.

"Good Morning My People - After watching the final debate the other night, it dawned on me that Obama could actually win this thing. If that happens, there will be a lot of people (some of our co-workers included) who will be afraid that an Obama presidency will usher in the end of days.They'll be watching us on November 5th (the day after the election) for signs of the end times.To keep the peace and keep a lot of folks from getting nervous, I think we should develop a list of acceptable celebrations and behaviors we should probably avoid - at least for the first few days:

No crying, hugging or shouting 'Thank you Lord' - at least not in public
No high-fives - at least not unless the area is clear and there are no witnesses
No laughing at the McCain/Palin supporters
No calling in sick on November 5th. They'll get nervous if too many of us don't show up.
We're allowed to give each other knowing winks or nods in passing. Just try to keep from grinning too hard.
No singing loudly, We've come this Far By Faith (it will be acceptable to hum softly).
No bringing of barbeque ribs or fried chicken for lunch in the company lunchroom for at least a week (no chittlings at all) (this may make us seem too ethnic).
No leaving kool-aid packages at the water fountain (this might be a sign that poor folks might be getting a break through).
No Cupid Shuffle during breaks (this could indicate a little too much excitement).
Please no Moving on Up music (we are going to try to remain humble).
No doing the George Jefferson dance (unless you're in your office with the door closed)
 Please try not to yell----BOOOO YAH!
Just in case you're wondering, Doing the Running Man, cabbage patch, or a backhand spring on the highway is 100% okay.
If I've missed anything feel free to add to the list. I just want to make sure we're all on the same page when Obama brings this thing home on November 5th. Now go get your early vote on and let's make this thing happen!!!"

VERY TRULY YOURS,
Ms. Eure

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Fashion Law & Related Business News of the Week

Trademark Infringement Law Suits,"Burberry Ltd. has accused Ever Mode Inc. and Amelie Zhou, a principal of the New York-based business, of trademark infringement and dilution. According to court documents filed July 18 in federal court in Manhattan, Ever Mode has sold counterfeit handbags, jackets and hats that display the Burberry Check and Burberry Knight or similar reproductions of both trademarks. Burberry is seeking an injunction against the further sale of the goods by Ever Mode, the destruction of all products found to be infringing, statutory damages of as much as $1 million for each counterfeit or infringed trademark and other damages. Zhou did not return a call for comment and calls to Ever Mode were not answered...." http://www.wwd.com/business-news/legal-briefs-1659610

BEAUTY, Mac Teams up with Manish Aurora, "LONDON — Indian designer Manish Arora has teamed up with MAC Cosmetics to create a limited edition color cosmetics collection.The line comprises a six-shade eye shadow compact, dubbed Eyes On Manish; two lipsticks; two hues of Lipglass, and two shades of Powder Blush. Prices will range from 10.50 pounds, or $20.90 at current exchange, for a Lipglass to 30 pounds, or $59.72, for the eye shadow palette.The collection, which features packaging decked out in riotous colors, will be available in the U.K., the United Arab Emirates, France, Austria, Greece, Cyprus, Hong Kong, Taiwan, Thailand and Singapore from October for about one to two months." http://www.wwd.com/beauty-industry-news/mac-teams-with-manish-arora-1659791

RETAIL, Hilfiger Opens Kids Shop in Vegas, "NEW YORK — Since relaunching its retail business in September 2000 with the first Tommy Hilfiger women’s-only store on Bleecker Street here, the designer has introduced several other retail concepts. Now comes the first children’s wear store, a 3,000-square-foot unit at 6659 Las Vegas Boulevard in Las Vegas. In addition, bowing in September on Collins Avenue in Miami’s South Beach will be a men’s and women’s sportswear shop with a garden in the back leading to a surf store in a separate building. Hilfiger also will open a 3,163-square- foot sportswear unit in the Aventura Mall in South Florida and a 3,868-square-foot store at Plaza..." http://www.wwd.com/retail-news/hilfiger-opens-kids-shop-in-vegas-1659620

FINANCIAL MARKETS, Tough Forecast for August Market: "NEW YORK — Manufacturers are tightening their seat belts for a bumpy ride at next week’s spring market here.August is typically not among the biggest seasonal markets, taking a backseat to the February and November venues. But the nation’s credit crunch and dismal retail environment have transformed the upcoming market into a pivotal moment for retailers and vendors. Following the cautious mood of merchants in May and lackluster second-quarter results at stores, orders for spring are expected to be reevaluated, edited and, in some cases, dropped. Retailers want to keep inventories tight and narrow, with a focus on key items that will tempt consumers,..." http://www.wwd.com/markets-news/tough-forecast-for-august-market-1659797

Oil Prices Cause Slippery Slope for Vendors, "Legwear sales are trending up, but the market is feeling the economic pinch from rising energy and materials costs, particularly because of the dominance of synthetic fabrics in the product.Manufacturers are focusing on innovative ways to absorb the higher expenses without passing them on to customers. In some cases, companies are looking to bring production that moved overseas back to the U.S. to trim costs.Ed Miccinati, design director for StockinGirl, a hosiery firm based in Stamford, Conn., said the price of nylon has soared in the last year.“Nylon yarn is made from petroleum and the price of nylon yarn used for making sheer and opaque tights has..." http://www.wwd.com/markets-news/oil-prices-cause-slippery-slope-for-vendors-1659819

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Fashion & Politics: Obama, Kenya, Nigeria et al

This week, fashion politics takes center stage in contentious battles. In the USA, African clothes worn by Senator Obama, while he visited Kenya in 2006, became the focal point of much heated debate as Drudge Report, a famous site for political junkies, published a picture with Senator Obama draped in Somalian African clothing. Drudge explains Senator Hillary Clinton's camp was responsible for releasing the picture to them. Senator Clinton has since denied the allegation. The point of the picture was to show Senator Obama as a Muslim which would scare Americans as they would conclude a man with the name "Barack Hussein Obama" who also wears head Turbans synonymous with Islam/being a Muslim is a bad idea as President of the United States of America.


The contentious debate over Senator Obama's turban cast a negative light on the African garments and needless to say sent & sends a mesage to many Americans that visiting African countries, with such Muslim garments and wearing the garments, is problematic.
A message that, in my opinion, is offensive to the African nations that offer their hospitality and respect by honoring American visitors with their clothing.




While Americans argue about the "Muslimness" of a candidate based on the African clothes they wear, a different and hot debate on "Indecent Dressing" takes place in Africa. For right now, it centers in Nigeria but make no mistake about it, India, Arab and other African countries have had to deal with the question of indecent dressing, time and time again. We wrote about this issue back in August of 2007. There are several articles covering the current proposed legisation in the Senate. A good article is the one by AllAfrica.com. If you are the type that likes to look at the actual language of a proposed bill/statute, you can click on the scanned images of the statutes below courtesy of Naija blog to see the wording of the statute.

The stated legislative intent behind the statute is to "prohibit and punish public nudity, sexual intimidation and other related offences in Nigeria." Public nudity is defined as a state of nakedness in the public or open; or state of indecent dressing in the open or public which exposes the following body parts of a human body:

      i. the breast of a female above the age of 14 years;
      ii. the laps of a female above the age of 14 years;
     iii. the belly or waist of a female above the age of 14 years;
     iv. any part of the body from two (2) inches below the shoulders downwards to the knee of a female person above the age of 14 years;
     v. any part of the body of the male person above the age of 14 years from the waist to the knee.

I don't doubt the intentions of the author of the bill, Senator Eme Ufot Ekaette, is positive as seen in the rest of the whole bill, especially in areas focused on professors demanding sex from their female students. I, however, think the statute overall is overbroad and vague, especially as to the definition of what constitutes "indecent dressing."Also, the statute carries an imprisonment sentence of six months for failure to comply with its provisions, a steep penalty for violations of unclear rules that can only be enforced arbitrarily in an already very corrupt society.

The obvious constitutional arguments have been made. See the All Africa article linked above. Several questions, however, spring into my head on this proposed legislation. The part about the exposure of a female breast 14years and above and her laps. Is this an acknowledgement that Nigeria's culture and society has changed drastically to adopt mostly Western notions of nudity? Growing up in Nigeria, I observed women, particularly the poor and uneducated expose their breasts as they go about their daily tasks of cleaning the house, breast feeding e.t.c. In addition, cultural outfits worn by the Hausas[Northern Nigeria], the Calabars [Eastern Nigerian] usually expose the waist/belly buttons and at times the laps. Does it mean Nigerian society is now sexually alert, for lack of a better word, that these cultural norms are to be discarded?

Independent of the constitutional, cultures and norms arguments, I also wonder if the interference of contractual relationship argument can be explored.

Fashion retailers including market women are responding to the demand of certain types of clothes in the marketplace be they tube tops, mini skirts, halter tops, shorts and what have you. There is a demand and thus prohibiting the wearing of such outfits is essentially interfering with the freedom to contract and engage in contractual relations in the market place. Obviously, this argument hinges on Nigeria being a democratic society, which it is, and it embracing capitalism, which I am not so sure it has truly embraced. In any event, what are your thoughts?

Article by Uduak Oduok

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The Africa Growth & Opportunity Act, What You Should Know

It is undisputed, to a large extent, that President Bush made the wrong move with the war in Iraq. Nevertheless, there are a few things he did right. One was being the first President to hire qualified African-Americans to his cabinent--think current Secretary of State Condoleezza Rice & former Secretary of State Colin Powell. The other, was the enactment of the Africa Growth and Opportunity Act [AGOA]. Since the enactment, however, there has been much confusion as to what it means and how Africans & non-Africans, especially those in the apparel and textile industry can benefit from it. LADYBRILLE.com wraps up what has been a good month with all the scoop, directly from the source, about AGOA.

Special thanks to Christina Lucas, [Press Coordinator] and Laurie-Ann Agama, Director for African Affairs, both at the Office of the US Trade Representative, who helped facilitate getting the most accurate answers to our AGOA questions.

LADYBRILLE.com: Thanks for the talk and agreeing to the interview to help enlighten us.
US trade official: Pleased to have an opportunity to talk with you and share information on the African Growth and Opportunity Act (AGOA) and its impact on U.S.-sub-Saharan Africa trade.

LADYBRILLE.com: Alright we have been hearing AGOA, AGOA! What is it?
US trade official: AGOA is a trade preference program that provides duty-free access to the U.S. market for substantially all products exported from 39 eligible countries in sub-Saharan Africa. AGOA amends the U.S. Generalized System of Preferences (GSP) by expanding GSP product coverage (about 4,650 products) by more than 1,800 additional tariff lines, including apparel, certain textiles (e.g., towels, bedsheets, made-ups), ethnic printed fabrics, and handmade, handloomed and folklore articles and extending duty-free treatment for eligible sub-Saharan African countries until 2015.

LADYBRILLE.com: What countries are eligible for AGOA?
US trade official: There are currently 39 beneficiary countries: Angola; Benin; Botswana; Burkina Faso; Burundi, Cameroon; Cape Verde; Chad; Republic of Congo; Democratic Republic of Congo; Djibouti; Ethiopia; Gabon; The Gambia; Ghana; Guinea; Guinea-Bissau; Kenya; Lesotho; Liberia; Madagascar; Malawi; Mali; Mauritania; Mauritius; Mozambique; Namibia; Niger; Nigeria; Rwanda; São Tomé and Príncipe; Senegal; Seychelles; Sierra Leone; South Africa; Swaziland; Tanzania; Uganda; and Zambia.

LADYBRILLE.com: Are there any forms that must be completed to qualify for AGOA and where can those interested get them?
US trade official: The vast majority of products from AGOA beneficiary countries may enter the United States duty-free. Standard customs forms and instructions for U.S. importers are available on the U.S. Customs and Border Protection website at http://www.cbp.gov/xp/cgov/import/.

LADYBRILLE.com: How is AGOA different from the General Systems of Trade Preferences?
US trade official: First, AGOA extends the GSP program (which covers about 4,650 products) for beneficiary countries in sub-Saharan Africa through September 30, 2015. For regional exporters, this provides stable, longer-term access to the U.S. market than they enjoyed under the existing GSP program, which applies to developing countries around the world.

Second, AGOA eliminates the application of the GSP’s competitive need limitation for beneficiary developing countries in sub-Saharan Africa. (The competitive need limitation (CNL) is a ceiling; once import levels of a particular article from a particular beneficiary exceeds the CNL threshold, that article is no longer eligible for GSP treatment.)

Third, AGOA expands the GSP program by providing duty-free treatment for an additional 1,835 items, including footwear, luggage, handbags, watches, and flatware.

Fourth, separate AGOA provisions grant duty-free treatment to qualifying apparel articles of beneficiary sub-Saharan African countries AGOA also makes certain textile articles (i.e., towels, bedsheets, made-ups) from lesser developed AGOA beneficiary countries eligible for duty-free treatment. As a result of these provisions, very few products of beneficiary countries are not eligible for duty-free treatment under AGOA. The full list of products that may enter the U.S. duty-free under AGOA may be found [here.]

LADYBRILLE.com: After its implementation in 2000, it appears there has been controversy, depending on whom you ask, whether AGOA has indeed been beneficial to Africa, especially in light of the disintegration of the Multi Fibre Arrangementt [MFA]. So we don't lose our audience, in simple terms, tell us what the MFA is about and how AGOA was affected by the MFA with China?
US trade official: As you noted, on January 1, 2005, the Multi-Fiber Arrangement (MFA), was the quota system that governed global textile and apparel trade under the World Trade Organization (WTO) Agreement on Textiles and Clothing (ATC). With the end of country quotas, competition in the textile and apparel sector sharpened worldwide. Studies by several organizations, including the U.S. International Trade Commission (USITC), the World Bank, and the WTO, predicted substantial changes in the patterns of textile and apparel trade, including competitive suppliers in Asia, particularly China, would increase their market share substantially as a result of the removal of quotas. Indeed, the Chinese share of the U.S. market in some apparel product areas, such as cotton trousers, increased dramatically in the first few months of 2005.

 These developments were of particular concern to apparel producers in AGOA beneficiary countries, many of whom were relatively new to the international apparel trade. Many analysts believed that the heightened competition would force some of the marginal AGOA producers out of the market, and there were reports that factories in some African countries had closed. Some analysts, however, believed that AGOA’s tariff advantage would help some African producers remain competitive and retain their market share in certain apparel products.

Several U.S. retailers, including a growing number of small and medium-sized companies, indicated their continued commitment to sourcing from Africa. During January-September 2007 (most recent data available), U.S. imports of apparel under AGOA grew by three percent to $972.8 million compared to the same period in 2006. In order to remain competitive in the longer term, African producers will need to find ways to reduce their relatively high production costs, especially in areas such as electricity, telecommunications, and transport. African producers can also increase their competitiveness by accelerating the vertical integration of the cotton/yarn/textile/apparel value chain.

LADYBRILLE.com: Let's [transition] and talk about Africa's textile/apparel industry. I am aware that AGOA's has helped countries like South Africa, Ghana and Lesotho. Why does it appear that other Sub-Saharan African countries are not, per se, benefitting from AGOA?
US trade official: AGOA provides opportunities, and an important determinant of a country’s success under AGOA, is whether or not the business environment is conduciveto trade and investment. AGOA’s impact has been uneven. This unevenness is largely attributable to the fact that many African countries need assistance in taking full advantage of the market access opportunities provided by AGOA, either because of inadequate infrastructure or because they have little experience producing and marketing value-added products for the U.S. market.

Although more African countries are taking advantage of the benefits of AGOA, much of the AGOA-related trade gains have been concentrated in a dozen or so beneficiary countries, and some countries have yet to export anything under AGOA. And most of the non-oil AGOA imports have been concentrated in the apparel sector. These gaps in AGOA’s impact – along with new challenges to AGOA apparel trade with the January 2005 elimination of global apparel quotas – justify a continued emphasis on trade capacity building support for AGOA countries. To address these challenges, the United States has sought to make available the tools and training that African producers need to make the most of AGOA and to diversify their exports to the United States.

For example, the U.S. Agency for International Development (USAID) has established four regional trade competitiveness hubs in Ghana, Senegal, Botswana, and Kenya, each with an AGOA adviser and other trade specialists to help eligible African countries increase their exports under AGOA. Among other things, this technical assistance has helped African businesses and farmers to identify market niches, to address quality and standards issues, to gain access to more timely market information, and to establish linkages with prospective American partners. For more information on the USAID funded Trade Hubs, visit the website at http://www.africatradehubs.org/.

LADYBRILLE.com: There have been some amendments to AGOA with AGOA IV. How will the amendments benefit Africa's apparel/textile industry?
US trade official: In December 2006, President Bush signed into law the African Investment Incentive Act of 2006, which some have referred to as “AGOA 4.” The new law does three things that could boost the African textile and apparel sector: First, it extends to 2012 AGOA’s special third-country fabric provision – which allows lesser developed AGOA beneficiary countries to use fabric from any source in the production of apparel qualifying for duty-free treatment under AGOA. Incidentally, almost all of Africa’s AGOA apparel exports to date have been made of third-country fabric.

 Second, it introduces new exceptions to the third-country fabric provision that require the use of African fabrics and fibers when those materials are found to be in “abundant supply.”

Third, the new law adds duty-free treatment under AGOA for several non-apparel textile items, such as fabrics, sheets, towels, and “made-ups,” if those items are wholly formed of African fibers. We believe that these new provisions provide a significant new opportunity for the African cotton, textile, and apparel sectors. We also believe that a longer-term approach is to focus on greater vertical integration and multi-country production sharing, such as current cooperation involving use of Zambian cotton yarn in South African AGOA apparel, and Malian cotton yarn in Mauritius’ AGOA apparel.

LADYBRILLE.com: I feel this is a two way street. It is indeed the premise Ladybrille is founded on. So, how do we encourage Western designers to purchase African fashion products using the lure AGOA has to offer?
US trade official: We know that the American consumer values variety, predictability, simplicity, and longevity. African apparel producers could encourage and build on the two-way partnership AGOA has fostered between African producers and American buyers by developing and aggressively market African brands tailored to meet the demands of the American consumer.

In addition, African producers should develop an aggressive strategy to become more efficient and competitive, including streamlining the African textile and apparel industry, particularly output per worker, in order to survive in the post-MFA world.

Third, the USAID-funded trade hubs are providing technical assistance to facilitate AGOA trade, including sponsoring African entrepreneurs to attend trade shows such as the Magic Sourcing Show in Las Vegas which bring together apparel producers and buyers and generate increased trade. The trade shows also provide an opportunity for African apparel producers to showcase their unique products – all of which offer the duty-free AGOA advantage to buyers.

Finally, the work that Ladybrille.com is doing to promote AGOA and African apparel producers is critical to encouraging more American designers to learn about African fashion products and to source more apparel from Africa, and promotes increased apparel trade between the United States and countries in sub-Saharan Africa.

LADYBRILLE.com: [Thank you] Please feel free to always keep us on the pulse of the changes with AGOA and thank you [for what you] have done and will do on AGOA.
US trade official:Thank you. I look forward to continuing this dialogue on AGOA and promoting increased trade between the United States and countries in sub-Saharan Africa.

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"African Inspired" or Just Plain Stealing?

This 2007, we saw a global circulation of African fashions starting from Africa's runways and extending to runways globally. Indeed, in our trend analysis of African fashions, we covered numerous Western and African designers cutting and shaping African prints into Western silhouettes; others incorporating African jewelries, scarves, head gears [gele] and much more in their collection. One of the designers we featured was Designer Mathew Williamson.

In a story we have been monitoring closely, the Ethiopian government has accused Williamson for what they deem the intellectual property violation of the traditional Ethiopian dress worn by their women. Click here to read the story.

Ethiopia, indeed, has been aggressively protecting itself against Western Intellectual Property infringers. See Ethiopia v Starbucks. Nevertheless, as to the issue of fashion, there are some key questions that the Ethiopian government's allegations and investigations raise: First, I would be really curious to see the exact origins of Ethiopia's traditional dress. One of the things I have been surprised to discover with the launch of this blogazine is that while we talk about African prints/fabrics/designs, some of these prints/designs originated from Europe and the Europeans continue to be suppliers of their prints/designs to Africa; even though the average African wearing the European prints/designs would swear it was African. It is GREAT to see an African government trying to protect the intellectual property of its citizens.

Nevertheless, just like Western designers have done the whole "African Inspired" theme for a while now, African designers have also done the "Western inspired" theme. In fact, the big revolution in Africa's fashion industry is taking African prints and copying the cuts, shape, style and silhouette of Western wear to create local and "international" appeal. Further, some African designers, from South Africa to Nigeria, for example, do not even bother with African prints. They use the silks, silk charmeuse, polyester, rayons, satin, jerseys e.t.c. and create the same exact Western silhouettes, embroideries/design style that has been on the runways of the West for aeons. Isn't that stealing of "Western inspired" designs? I think this is the bigger question. In the USA, historically, fashion designs have never enjoyed copyright protections. While you can protect your art work i.e. labels, logos, prints and the embroidery, when it comes to copying of the cut, shape, style or silhouette, "too bad so sad," but no protection. Several rationales support congress's reluctance to grant copyright to designs.

Who owns the original designs of the Ethiopian dresses in question? Does the action of the Ethiopian government expose African designers to liability? Will regulating "African Inspired" designs stifle creativity?

First, there is the argument that clothing is mainly functional. Most of us do not walk around with wearable art dresses. They are generally impractical. We wear functional clothes even as we stay stylish. See Barnhart v. Economy Cover, 594 F. Supp. 364 [1984] [There the Court essentially held that the Plaintiff who sued the defendant over the copying of her four human torso mannequins could not enjoy copyright protection because the mannequins were utilitarian in function, had no creative element and as such could not be copyrighted].Second, copyright protection for designs stifles creatitvity.If a designer has to worry all the time that their designs might be seen as copying another designer and bring law suits, then there is no incentive to want to create. Third, there is a concern that monopolies would be created in the apparel industry.

Nevertheless, recently, there has been a BIG push by America's fashion industry for Copyright legislation on designs. In fact, the bill, The Design Piracy Prohibition Act is pending in the Senate and if passed, would amend the Copyright Act of 1976 and extend protection to the appearance of a design for three years. The issue of copyright infringement on designs some have argued comes down to the haves and have nots. I tend to think this reasoning is indeed solid. In the USA, for example, minority communities and specifically African Americans have complained, for a while now, that so called "brand name fashion designers" invade their communities through their representatives/researchers, steal their designs and replicate the exact same thing on America's runways. For these persons and designers within those communities, their crime is that they lack the resources to execute their visions and market it to the world. Therefore, it upsets them when the big named designers copy their designs and then turn around and try to stop them from "so called" copyright infringement.

The battle of the haves and have nots? The argument by these fashionistas and designers in the Black communities across America mirrors that of African designers and indeed Ethiopia's government. For aeons Africa's designers have complained that Western designers descend on Africa, steal their designs and the next season, it is on the runway as so called "African inspired." Indeed some Western designers even copy African silhouettes not just only using the prints. It remains to be seen what happens from here on but we will continue to keep a close eye on the debate and the Design Piracy Prohibition Act that we believe will significantly affect Africa's fashion industry, especially as high end brands like Louis Vuitton pursue very aggressively counterfeiting of their designs.

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Marc Jacobs Knockoff?

"Copy, copy!" is the term some Africans use to refer to those who lack creativity, originality and believe they should steal other people's work. The "Copy, copy" person and concept is, however, not unique to Africa. Indeed, it is a huge threat to the USA's national economy. For example, in fashion products alone, the International AntiCounterfeiting Coalition (IACC), a non-profit Washington D.C. based organization focused on combating product counterfeiting and piracy, estimates that approximately 18% of the $98 million of counterfeit products seized by U.S. Customs in 2002 were fashion-related items: apparel, sunglasses, watches, handbags and headwear.




In 2002, police raided New York's Chinatown retrieving over $125million in fashion goods including fake watches, handbags, sunglasses and wallets. The fashion industy is very much aware of how fakes hurt their bottom line and indeed at the forefront of aggressively fighting counterfeiters is the high end luxury brand Louis Vuitton. The company has hired top notch law firms, spent the requisite dollars for high billable hours and had some favorable results as to the counterfeiting of their products. So, of course, it was a real shock for me when I saw Marc Jacob, send Tote bags for the Spring 07 collection onto the runway. "You've gotta be kidding me," I thought. These bags are the exact replica seen in local African markets across the continent. I also now understand, upon further research, that they are also common in China. Really? It definitely brought up questions of fashion piracy in Africa of Africa fashion goods. What legal protection if any do African designers have in their work? Since they lack the resources to push their products in the Western market, how common is it for Western designers to find inspiration in Africa and shortly after or at some point show a replica of same bags, clothing, shoes and so forth on the runway?

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