Community Highlights: Meet Nicole Gaither of Cloth & Code Legal PLLC

Today we’d like to introduce you to Nicole Gaither.

Hi Nicole, so excited to have you with us today. What can you tell us about your story?
I was an accountant before I became a lawyer. One of my accounting roles was as an assistant controller for a regional radio group, where part of my work involved payola and plugola compliance: ensuring no one paid DJs or program directors to get a song on the air. That was where I learned how songs actually get on the radio. I also learned more about copyright law (beyond the informal lesson a few of us got after we were caught burning CDs from Kazaa…) and the sordid history of music being stolen from the Black people who created it. I decided I wanted to do something about it.

I went to law school. I was obsessed with copyright on the first day of class. I worked hard to break into entertainment, but my early practice was general: consumer law, employment discrimination, family law, Social Security disability, and tax. In 2018, I moved into intellectual property and spent the next several years working with individuals and small businesses on copyright registration, trademark clearance, enforcement, and licensing.

My clients are conscious fashion, beauty, wellness, and art brands, along with textile, jewelry, and visual artists. It is not the music industry, but it raises the same question I encountered in radio: who owns the work and who gets paid for it.

Alright, so let’s dig a little deeper into the story – has it been an easy path overall and if not, what were the challenges you’ve had to overcome?
It has not been a smooth road. I understood business from the financial and corporate side, but I had no idea how to apply it to running a law firm. Then I went out on my own in a practice area where no one knew me. I spent the first two years hustling for clients: free workshops, podcasts, Facebook groups, and making sure everyone I met knew I was a trademark and copyright attorney. I took contract work and document review to supplement my income. I also learned that some people are better as referral partners than as law partners. Some days, I wish I had a 9-to-5. But I get to choose the clients I work with and avoid the kind of lawyers other colleagues complain about.

As you know, we’re big fans of Cloth & Code Legal PLLC. For our readers who might not be as familiar what can you tell them about the brand?
Cloth & Code Legal PLLC is a trademark and copyright law firm based in Washington, DC. I represent conscious fashion, beauty, and wellness brands, as well as textile artists, jewelry designers, and visual artists, regardless of their location, as long as they wish to protect their work in the United States.

My primary services include trademark clearance, filing, and enforcement, along with copyright registration and enforcement. I also draft and negotiate various agreements, including licensing and collaboration agreements, as well as contracts for influencers and vendors. In addition, I manage disputes before the Trademark Trial and Appeal Board and handle UDRP domain disputes.

Before pursuing a career in law, I worked as an accountant. This experience gives me a solid understanding of how brands generate revenue, which I incorporate into my work with clients. I have also spent years studying and discussing cultural appropriation in trademark law. When a brand chooses a name or logo inspired by a culture or tradition, I provide guidance on how the trademark office may react and how the community may respond.

I take pride in developing a fast-fashion enforcement practice to support independent designers. Many have seen their art or patterns appear on $14 pants, and they face significant challenges taking action against this infringement. Helping designers and artists with limited resources fight back is a key reason I decided to attend law school after seeing how creative individuals can be exploited.

I may not be the right lawyer for you if you are looking for the cheapest filing services available. Each potential client must complete a short intake form before we schedule a consultation, which allows me to understand their business before we proceed. If you want your filings handled correctly the first time and need a strategic plan for what comes next, please reach out to Cloth & Code Legal PLLC.

What are your plans for the future?
The most significant change is already in process. I am establishing a practice specifically for designers whose work has been copied by fast-fashion platforms. This practice will have its own intake and fee structure and will provide a place for designers whose work has been copied to seek legal assistance. Additionally, I am expanding my services to include brands outside the United States that want to protect their brands and creations domestically. I am building relationships with attorneys in the UK, Europe, Australia, and emerging fashion markets in Ghana, Kenya, Nigeria, and South Africa.

Furthermore, I want to teach more. I have been working with two other attorneys to develop a fashion law course that focuses on Black designers and cultural production. I would like to teach a class or two abroad, as fashion law has a natural presence in cities like London, Paris, Milan, Lagos, and Accra, and I’d prefer to experience it there rather than study it from afar.

Lastly, I want to travel more. If I can find cooking classes in one of those cities during my travels, I will definitely sign up for them!

Pricing:

• Initial Consultation: $250, conducted over Zoom and due at the time of booking. New clients must complete a short intake form before scheduling the consultation.
• Trademark Clearance Opinion: $1,800 flat fee. This includes a comprehensive search, a written opinion on registrability, a likelihood-of-confusion analysis, recommended classes, and guidance on specimens. Additionally, it includes a $600 credit toward a registration engagement if initiated within 15 days.
• Trademark/Copyright Registration, Enforcement, Licensing, and Dispute Work: Pricing is quoted after the initial consultation, typically on a flat-fee basis.
• Fast-Fashion Enforcement for Designers: Contingency arrangements are available for designers whose work has been copied by platforms like Shein, Temu, and similar sites. Terms will be discussed during the intake process.

Contact Info:

• Website: https://clothandcode.legal
• Instagram: https://www.instagram.com/nicolerightsincoloresq/
• LinkedIn: https://www.linkedin.com/in/nicole-gaither-attorney/
• Youtube: https://www.youtube.com/@nicolegaither-justbars

Image Credits
Ksenia Pro Photography