This article was co-authored with Joshua Rudawitz, an associate in the Intellectual Property Department at Nutter.
Fashion designers face a unique set of challenges in protecting their intellectual property. Though a fanciful garment may be the result of a single creative process by the designer, a designer or manufacturer may need to use multiple forms of intellectual property to fully protect the fashion design of that garment. Weâve previously discussed how copyright law has been an awkward, ineffective tool for protecting fashion design, rendering their fashion design essentially unprotected. The law has now shifted in a way that makes copyright law more useful for fashion article designers and manufacturers, however. A recent U.S. Supreme Court decision has clarified and expanded how copyright law can be leveraged to protect certain aspects of fashion design. This article discusses this recent copyright law development and briefly summarizes the various legal forms of intellectual property protection for the fashion industry.
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