Wrapping Up 2020: Three Observations I Learned

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This is the last post of the year. Running this blog has been a huge joy of my life and will continue to be. The journey was immensely rewarding. Of course, there were challenges as well. At times, I had to wrap my head around to find the right expression to explain loaded legal concepts in plain English. Terms that are just so familiar to law school students and lawyers might not be so for those who are not trained in law. Yet, being a good translator is our job, and I truly hope I was your decent guide. Also, finding cases was not so easy because many disputes are settled in fashion. That's why, in some cases, I had to dwell just on analyzing complaints, coupled with making some predictions. However, throughout the entire process, I learned invaluable lessons that I now hold dear to my heart, so I'm sharing a couple of them here. But before I start, I'd like to take this opportunity to express my gratitude for Professor Hugh Hansen and Professor Jeffrey Hellman. I would have not made it this far without their warm support.

1] Avoid thinking in dichotomy 

Life isn't always about choosing between A and B. The same goes true for the law. My friends know too well that I would fume over when I see "copycats" displayed on the aisles of Zara. Yes, I do confess that I still don't think highly of that, but that does not mean Zara is always acting as a "bad guy". In fact, Zara is known to pay its models without any delay, and that's totally praiseworthy. Also, small enterprises may not always be "good guys" when fighting against big corporations. One of the landmark cases you'll learn when you take a trademark class is Quality Inns. In that case, an owner of a local motel business came up with McSleep and testified that he didn't come up with the name in reference to McDonald's. It turned out to be a lie, and that became a death blow to his case. So, rather than thinking in terms of categories and their attendant biases, try to take a look at the facts of a case. See what the fairness demands in light of those facts, and then find what legal support there is to inch towards that noble ideal of fairness. Professor Hugh Hansen often told me that the job of a lawyer is to lay out the doctrinal path with compelling legal and policy justifications so that judges can administer justice.

2] Try to learn the business aspect of fashion

Here, I need to give credit where it is due. I took Professor Jeffrey Hellman and Professor Brien Wassner's Fashion Law & Finance class this year, and the course had a huge impact on how I approach fashion-related cases now. The class nicely merged together the legal and business sides of fashion. I've been watching fashion shows and reading magazines for the last 15 years (that's nearly the half of my entire life!), but only recently did I gain interest in trying to understand how this whole business operates in real life. For one, I started to dissect quarterly earnings reports of luxury brands, and they reveal quite a lot about them that you might otherwise not know. I was able to do so because Professor Hellman and Professor Wassner, as a team, equipped me with the necessary tools. Moreover, thanks to the interviews I conducted with top industry professionals, I was gratefully allowed to have an insider's view of complex legal/business issues in fashion. My ultimate dream is to work as a general counsel of a fashion company, and the job will surely involve working with its C-level executive and board members. How can I offer a meaningful legal advice if I cannot fathom what implications it would have on how a brand conducts its business? I really wish I had met Professor Hellman earlier in my life, but even now I am certain that I have come to have a more nuanced understanding of fashion thanks to him.

3] Write, write, and revise

In preparation for writing a single post, I have to read around 100 pages. It sounds a lot, but once you get into the rhythm of it, it's not as daunting as it first sounds. What's rather challenging is having to read a poorly-written complaint: a complaint that's full of legalese. A really good complaint explains the nuts and bolts of its case in ways that are easily comprehensible. That's something I truly hope to learn and master as I practice my legal career. Although I read voraciously and write regularly, I continuously find rooms for improvement. I make sure that I take one writing class each semester to keep honing my writing skills. Even in this blog, I pour my heart into each post, but I admit that some could have been written more clearly. I will promise you that, as I keep moving forward in this intellectual journey, you'll witness my growth.

I hope this self-evaluation does not ring hollow to your ears, because I mean every word of it. I will be back next year after enjoying the New Year celebration. Before I finish today's post, I thank you for DMs for questions. I've never thought I would get this huge volume of interested queries. On that note, enjoy the last few days of 2020! I wish nothing but happiness to you and your loved ones.