Attorney-at-Law

SCHMATTAS

In Uncategorized on 03/29/2021 at 15:34

(Please Pardon Arcane Technical Term)

A personal digression before we engage Judge Buch’s exhaustive (not to say exhausting) dissertation about women’s clothing design and development in Leon Max, 2021 T. C. Memo. 37, filed 3/29/21. My great-grandfather owned a ladies’ dressmaking business, wherein he employed a young wannabe operatic tenor, whom he reskilled as a sewing machine operator. The tenor-operator stole the heart of his daughter, my beloved grandma. Had that not happened, I would not be writing this blogpost. So the rag trade has a warm place in my heart.

Yes, Leon Max was here before. See my blogpost “Let It All Hang Out” – Redivivus,” 9/6/19. No worries; doesn’t look like Judge Buch was confused by anybody’s testimony.

Leon Max is a major figure in women’s clothing. He claims to do a lot of research, and wants Section 41 credits therefor.

Except it isn’t qualified research. It’s not hard science in search of a new method. What it is, is fashion. The basics, designs based on consumer research, the choices of textiles, patterns, dyeing, sizing, fitting, are all well-known processes.

The experts are given a brief mention, but Judge Buch isn’t persuaded.

Read the opinion. It’s engrossing, especially if you’re a fashionista.  

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