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Is The Masquè The New It Bag?

Registering Trademarks During COVID

Spring Fashion 2020 was like an apparition. It made a fleeting appearance at the primary Fashion Weeks in February but quickly disappeared as fearful crowds scurried into isolation. There was no trendy spring “must-have" in fresh Pantone colors.  Most malls and boutiques were not considered essential, so the fashionistas were left at home zooming in their sweats, well at least their invisible bottom halves. Even the most avid online shoppers neglected their clothing budgets while in quarantine and instead searched frantically for hand sanitizer, toilet paper and bleach.

 With the pandemic restrictions lifting, it won’t be long before many will hit the streets rearing shaggy heads to flaunt fashionable trends once more.  There is one new “must-have” everyone should have in their closets by now. It surfaced during the pandemic and could become as indispensable as your favorite bag. It is the Masquè in French, the Miànjù in Chinese or the Maskirovat' in Russian, and worldwide they are the most sought-after fashion accessory for Spring 2020.

 They come in many styles and levels of effectiveness. When the world needed face masks this spring instead of floral frocks, many fashion designers stepped up to the plate to produce masks for medical professionals, the elderly, and others. Christian Siriano led the charge of designers turning their studios into personal protection equipment (PPE) manufacturing facilities.

 In an interview with The Washington Post, Siriano mentioned that this initiative began with his response to the tweet made by Governor Cuomo concerning this shortage. Siriano offered his sewing staff and facilities to aid in face mask production. Siriano has worked with the State of New York to have his manufacturing process approved by the Federal Food and Drug Administration so his face masks could be used in medical facilities. His team produces between 500 and 700 masks a day, four days a week. 

 After the announcement of Siriano’s initiative, hundreds of other designers from around the world have joined the effort by offering their facilities for production. While some started with only manufacturing face masks for their employees’ such as California based retailer, Los Angeles Apparel, they have since ramped up their production to provide thousands of masks to donate to local hospitals as well. Luxury retailers have also begun to shift their production facilities to produce face masks and gowns. The United Kingdom's Burberry's Yorkshire facility has now started to provide gowns and face masks to donate to hospitals. Yves Saint Laurent and Balenciaga have begun to create masks for their employees to wear.

 Not only are big-name companies stepping in, but small retailers, local businesses, and entrepreneurs have joined the effort. Two New York-based companies SadeGlamour Fashion and Lirika Matoshi, are producing and selling fashion-forward face masks in a variety of colors and prints. These are just two examples of companies that are combining the necessity of the face mask’s protection with the beauty of fashion. 

 Since the Center for Disease Control (CDC) has released information about the benefit of preventative measures of wearing face masks when in public, the market is over-flowing with demand. As designers have begun to aid in production, it has eased up the pressure for medical face mask manufacturers to provide for public and medical workers and created a market for mask designing entrepreneurs.

 Designers following the lead of Christian Siriano are making a difference. They are not only providing a source of protective gear but have inspired a trend. If you have seized the opportunity to reinvent yourself and emerge from isolation with a fashion-forward face mask brand or want to showcase your logo or art on masks, don’t forget to protect your intellectual property. If you are using your original art, make sure you have registered all copyrights with copyright.gov.  This website provides a wealth of information about copyright registration. If you are using another’s artwork on your masks, be sure you have the proper artist's release in place. If you are using a famous logo, remember counterfeit, and trademark infringement rules still apply. If you are not licensing the trademark from the rightful owner, you may be liable and subject to fines or criminal penalties.

For those entrepreneurs creating under your own or new label, protect your brand with a registered trademark. A trademark is a logo, name or both that identifies the source of goods or services.  When consumers see your brand or logo, they immediately recognize the products associated with your brand.  Registration with the United States Patent and Trademark Office puts the world on notice that you are the rightful owner of the Mark that identifies your brand. Statutory damages and attorney's fees are available only if your Mark is registered.  Many emerging designers and entrepreneurs waste time and resources by attempting to register their trademark when they do not understand the trademark process. These futile attempts usually result in contacting an attorney and starting the process again and expending additional funds.

 If you are in the Richmond, Virginia area, below is a list of several local businesses and non-profits who are producing and selling face masks. 

Mamersass 

Michael Taylor

Walton Park Sews

RVA Makers Forum

 It is also easy to make your own face-mask at home. The CDC has released instructional guidelines for DIY masks. The link is located below. 

CDC DIY FACEMASK 

Joan Bellefield Davis 2020


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