Law of Fashion Blog Controversies

law of fashion blog

This article is about the law of fashion blogs and how to use big words in a sentence. You have probably heard this advice from a lawyer or some well-meaning friend who thought that they were wise beyond their years. They also probably told you that the law is pretty straightforward so don’t worry. The truth is that the law of fashion blogs is more complex than it looks.

A start with personal experience

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Let me start with a personal story. I have worked with two highly respected lawyers, both of which are at the forefront of social media law. Both of them pursued careers in journalism but found themselves in legal hot water when it came to using Facebook and other internet-driven media for their profession. As luck would have it, one of them also dabbled into blogging. In fact, he started a blog on the subject but soon left to pursue a full-time legal career.

It was only after his retirement that he discovered the mistake he had made and decided to get back into blogging full time. During his investigation into the leak of confidential information at Facebook that had affected the presidential campaign that he was able to use words from his own blog in an attempt to clear his name. He used the exact same words that I used to write that sentence from his blog almost verbatim. Here’s the thing though; the law of fashion and social media is very tricky and if you use words or sentences from another source you can get into serious trouble.

The Case Study


The case study presented by Nina Lacher brought about this point. The case was when the fashion blogger was accused of posting inappropriate material on Instagram. It turned out that the material on Instagram was completely lawful. But the blogger in his eagerness to defend his profession picked up a legal term from a book that he read about it which can be defined as a trade term that legalizes the idea that a picture may be a logo or a slogan or anything else that a person may desire to use to draw attention and earn revenue for themselves.

There is nothing wrong with people using the term “Burrowes” or “side hustle” as long as they do not use it in a way that makes it appear to be an official legal term endorsed by the government. The definition states that “a burrow is a natural or artificial channel for a person to emerge from an underground or difficult-to-navigate hollow”. In other words, blogs are not supposed to be a channel for a criminal to fleece money from innocent people using a fake identity. Using that word in the title of a blog article would be a violation of the law of fashion and social media and could lead to serious legal action being taken against the blog.

The sentence from Nina Lacher was “a woman in a bicycle dressed in black stretch jean skirts and blouses, her hands covered with tattoos, holding a bar entitled, ‘The New York Style’. The words seem a bit off the wall.” It is not illegal to state that a woman may wear clothing that is not necessarily legal according to the state in which the clothing was made. However, when the writer makes such a statement as “a woman in a bicycle dressed in black stretch jean skirts and blouses”, the sentence actually implies that the woman is defrauding people of money in a legal scam known as a “burrow”. That sentence should have been changed to “a woman in a bicycle dressed in black stretch jean skirts and blouses” to make it more precise and less misleading to the readers.

The Fashion Blog and its complaints

The New York Fashion Blog has received numerous complaints about similar problems, including one from a law firm. According to the blog post, a legal firm recently had to delete comments on their blog after a member complained that the language used by the blog was legal. Apparently, the law firm failed to keep a watch list of comments and posted a sentence from a rap song that some people construed as being flippant. The blog post stated, “Words have meanings and when we use them in the context of a blog, it can be taken as a literal definition without any subtlety or interpretation. We’re sorry for the offense.”

Another blog post from last year contained a reference to a pending court case, and that sentence mentioned above was deleted in an update several hours ago. Someone who saw that sentence had interpreted it to mean that there would be a ruling against the small business, and that could have been the reason for the deletion of the post. The law firm later said in a statement that the offending sentence had been deleted due to concerns that it may cause confusion, and that they would bring up the matter at a court date. It is unclear whether or not that will happen.

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