“From a legal perspective, a fashion trend is much like a genre of literature. Granting copyright to a John Grisham novel does not halt the publication of many similar legal thrillers, nor does the protection of Dan Brown’s DaVinci Code prevent a spate of novels involving Mary Magdalene or the Knights Templar from appearing in bookstores. When an author writes a bestseller, imitators of his or her style tend to follow – but they are not permitted to plagiarize the original. Copyright in this mens is merely a legal framework that supports an existing social norm; neither reputable authors nor creative fashion designers engage in literal copying of one another.”
Susan Scafidi, Written Statement on H.R. 5055, “The Design Piracy Prohibition Act” (July 27, 2006).
Law in Style. 