The Fashion Bill History of The Fashion Bill 8 Mar 202129 Mar 2021 March 30, 2006, Representative Bob Goodlatte (R-VA) introduced the Design Piracy Prohibition Act [H.R. 5055] to the House. April 25, 2007, Representative Bill Delahunt (D-MA) introduced the Design Piracy Prohibition…
What is Protectable? Design Patents in Fashion 28 Jan 2021 Ornamental design for a portion of a shoe upper (Assigned to Nike) Image from USPTO database here Ornamental stitch pattern applied to pants (Assigned to True Religion) Image from USPTO…
What is Protectable? Utility Patents in Fashion 28 Jan 202128 Jan 2021 Sole of golf shoes (Assigned to Nike) Image from USPTO database here Sunglasses (Assigned to Oakley)Image from USPTO database here Purse (Assigned to Overland Equipment) Image from USPTO database here…
The Fashion Bill Innovative Design Protection and Piracy Prevention Act 1 Oct 202029 Mar 2021 <H.R. 2511> Summary (Visit here for the full text.): Extends copyright protection to fashion designs. Revises the definition of "useful article" to include an article of apparel (clothing, handbags, purses,…
Fashion Quotes “Fashion is a pink-and-lavender discipline.” 30 Sep 202029 Mar 2021 "Fashion is a pink-and-lavender discipline. It's associated with women and gay men, and there is an ongoing perception that this is a lighthearted subject. It can be, but the legal…
What is Protectable? What is protectable? 30 Sep 20207 Mar 2021 Pattern design on the fabric is copyrightable but not the shape of the clothing. Color scheme is not copyrightable. Color can be protected by trademark/trade dress (packaging) if distinctive enough,…
Fashion Quotes “A fashion trend is much like a genre of literature” 23 Sep 202029 Mar 2021 "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…
Fashion Law… “Individual perception of the beautiful is too varied a power” 9 Sep 202027 Jan 2021 Bicks, District Judge. "Individual perception of the beautiful is too varied a power to permit a narrow or rigid concept of art." Mazer v. Stein, 347 U.S. 201, 214, 74…
Fashion Law… “Some works of genius would be sure to miss appreciation” 9 Sep 202027 Jan 2021 Mr. Justice Holmes "It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the…
Fashion Law… “For a bridal gown becomes the heirloom of the bride” 9 Sep 202029 Jan 2021 Scheindlin, District Judge. "Nor would a recall order cause less prejudice to consumers of infringing dresses who have already worn their wedding dresses, for a bridal gown becomes the heirloom…
Law in Style. 