WHEN UR CONTRACTOR HEMS U ALL THE WAY UP

…When your contractor hems you all the way up…

Today’s WTC moment in Fashion law is c/o The Washington Post and the New York Post.

A few days ago, Balenciaga was blasted on social media for using imagery tied to child pornography in a 2023 spring/summer ad.  Consumers took issue with an image of a child holding a teddy bear with black eyes dressed in S&M gear.  Another image featured court documents spilling out of a folder that was placed on a desk under a Balenciaga handbag.  The court documents were from a 2008 Supreme Court case that held that the promotion of child pornography is illegal and not protectable free speech.

🙀WTCupcake 🧁🚫

In this instance, Balenciaga seeks 25 million in compensation from North Six, a production company, and set designer Nicholas Des Jardin who allegedly staged the images.  The lawsuit, filed in the New York State Supreme Court for the County of New York, alleges false association” between Balenciaga and the “repulsive and deeply disturbing subject of the court decision.”

Even though Balenciaga clearly has some responsibility for the ads, it makes sense that they are seeking compensation from the defendants,  North Six  and set designer, Nicholas Des Jardins.  I have not read the contract between Balenciaga and North Six. But, most contracts contain an indemnification clause that would enable the indemnified party (Balenciaga) to be compensated for harm or losses caused by the other parties to the contract (North Six and set designer, Nicholas Des Jardins).

Whew.

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