Although there are several outlets for infringed-upon fashion designers to explore, we often focus on trademark rights. Why, you might ask? Intellectual Property law encompasses trademark, as well as copyright, patent and trade dress protections. When selecting an avenue for recourse, a scorned designer/artist/author will strategically choose the best avenue for success on its specific claim. For fashion designers, this is usually trademark-affiliated, for reasons Haute-Law will continue to explore. But for now, I’d like to briefly explain copyright law and why it doesn’t always work for fashion.
The US Copyright Act (title 17 of the USC), offers an exclusive bundle of rights Continue reading