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She doesn’t have a LLC by the name of PRETTYSmart for no reason! |
(Ligon, 2011)
Attorney Shannon Ligon is a young entertainment lawyer who practices in Orlando, Fl. She has several different businesses, Ligon Law group where she is a managing member, Legacy Entertainment & Arts Foundation, Inc. (L.E.A.F. Inc.) a non- profit, and PRETTYSmart LLC to name a few. She has received all the appropriate credentials and all at the tender age of twenty-eight! Attorney Ligon attended Florida A&M University College of Law where she received her Juris Doctorate Degree. Attorney Ligon has an abundance of experience in multiple subjects of law but when I sat down with her I had specific questions I needed answers to. In my potential business I will be consulting clients on their image as far as fashion and make up. I was not expecting to gain so much knowledge being that my company will not be creating any original works of fashion but Attorney Ligon truly enlightened me. The questions are as follows:
1. What are some liabilities that I may encounter with my business?
Properly form your business with a LLC because they have fewer taxes and fewer liabilities. Be careful not to file more than one name for several reasons. It can be confusing for customers; people want to be able to find you easily. Make sure you properly file your name.
2. What are some things that I can do to safe guard my company if any problems arise?
Well every company needs liability insurance from the beginning. While doing a clients make up a mishap could happen with your tools. While having clothes on set of photo shoots you may be borrowing them and need to return to the designer if something to the clothing the insurance will protect you. Another key thing to do is to have a contract or subcontract agreement in place. Stating that just because a client books a consultation with you doesn’t mean the will be receiving you as their stylist. They may get one of your employees. Also having a personal service contractual agreement in order would do you justice.
3. In order for my business to be noticed as legit what are some things I need to have in my possession?
You will need all your Business licenses in place and make sure you file for your city and county license where your business will be located.
4. Although I am not creating any designs of my own will I have to worry about trademark infringement?
Yes if you are going to get your name trademarked or your company name. These both serve as intellectual property.
5. Have you ever worked on a case that involved a stylist? If so are you able to tell me about the outcome?
I represent them in issues they may have with clients. When they are on shoots the artist may want to keep the clothes. They will have to bill them for it. They also have issues with jurisdiction clauses and have to prove where the contract was entered into, where it was performed or where it was breached.
6. What kind of contracts would best suit my company and it’s clients?
Contract your company and yourself.
Outline your payment policies; I say cash or money order. You have to be careful with personal checks.
Make sure you answer the unknowns because in this business things come up unexpectedly.
Set up an indemnification clause that protects you from financial loss. Events of God, which accounts for bad weather such as natural disasters.
Cancelations by you, your employee, or your client. You have to protect yourself.
Scope of service, which for you is makeup and clothing.
If Artist tries to keep the clothes you can have them pay for them at cost.
Figure out worst!
Make sure to have a catch all clause this is very important. In the event of breach keep 50% of deposit.
Refund policies
I have learned so much from Attorney Ligon that has made me think of the reality of having a company. Although I love fashion having your own business is really serious and a lot of work. I will first be stating with another company before I start my own just to get the experience.
*I would like to give an extra special thank you to Attorney Ligon for sharing her valuable time. This advice is greatly appreciated! *
How to connect with Attorney Shannon Ligon:
Recently the famous Christian Louboutin has been on a suing spree. Beginning with my personal favorite fashion house, Yves Saint Laurent for producing a certain style of shoe that features a red sole like all the Louboutin footware. Louboutin is very serious about protecting his brand and has also sued a second company by the name of Carmen Steffens of Brazil. Christian Louboutin makes a great argument in his statement to Vogue “My company has a trademark on the red sole and if we don’t enforce it this would leave the door open for other brands to copy us while jeopardizing the identity of the Louboutin red sole. No one before me has ever used a coloured sole to define a brand’s identity. (MILLIGAN, 2011)”
Tony Duquette inc. also feels very strongly about this issue of trademark infringement so they are holders of many intellectual property rights. They recently filed a suit against the J. Crew Group for trademark infringement. Not only did J. Crew copy Duquettes signature leopard print but also they solidified the infringement by using the property name Duquette to describe their leopard print sweater. This is in my opinion is blatant infringement where J. Crew didn’t care enough to think before doing so. The actual product is titled as follows “J. Crew Duquette Factory Leopard Print sweater (Newswire, 2011).” J. Crew was not discrete about it nor did they ask for permission and that in my eyes makes the violation horrible.
Paying proper taxes is not only an issue that everyday people have to deal with but also big name designers like Dolce and Gabbana. The court of Milan recently dismissed the lawsuit that Italian tax authorities had on the remarkable fashion duo. The suit involved an alleged non-payment of $588 million in taxes by the fashion house (Deeny, 2011). Dolce or Gabanna have not to given a statement on the issue nor have any members of the fashion house. The said amount of evaded taxes come from when they sold both fashion and lifestyle brands but allegedly undervalued the two brands. The punishment for a tax evasion of this magnitude is time in jail. When you are a big name designer that is all the more reason to follow the law because the fall for you is going to be longer and harder. Although the case was dismissed the authorities are going to appeal and lets just hope that Dolce and Gabanna have the same positive outcome as this trial.
