In recent years, there has been much debate about the need for intellectual property protection for fashion designs. Two bills introduced before the 111th Congress purported to provide a solution for this need. The Design Piracy Prohibition Act ("DPPA"), which was introduced in the House April 3, 2009, and the Innovative Design Protection and Piracy Prevention Act ("IDPPPA"), which was introduced in the Senate on August 5, 2010 would have amended Chapter 13 of the Copyright Act to provide sui generis protection for fashion designs. While some scholars worry that bills like the DPPA and the IDPPPA would stifle creativity, many designers think that such protection would afford them more freedom to create new and innovative designs. Scholarly debate aside, piracy is a $12 billion drain on the fashion industry that "steals the very essence of enterprise" by diluting branding and making it more difficult for new designers to begin their careers. Because current intellectual property laws do not address the unique issues involved in fashion design, pirates appropriate, or even directly replicate, others' designs even while facing a constant stream of lawsuits. For example, the company Forever 21, one of the most notorious design thieves, has been the subject of over fifty lawsuits between 2006 and 2009 alone. Unfortunately, intellectual property law's current status makes it very difficult for designers to find relief for their pirated designs. This Comment discusses the piracy problems plaguing the fashion industry and offers a potential solution based on combining the best aspects of the DPPA and the IDPPPA. Part II examines design piracy - both what it is and the attempts that have been made to gain protection against it - and discusses why current jurisprudence insufficiently addresses the needs of the American fashion industry. Part III.A analyzes the need to protect fashion designs and addresses opponents' concerns. In light of those concerns, Part III.B examines how each bill addresses design piracy and suggests potential changes that would make each bill more effective at protecting fashion designs. Finally, Part IV offers parting commentary.

This book traces the development of the fashion industry, providing insight into the business and, in particular, its interrelations with copyright law. The book explores how the greatest haute couture fashion designers also had a sense for business and that their attention to copyright was one of the weapons in protecting their market position. The work also confronts the peculiarities of the fashion industry as a means of demonstrating the importance of intellectual property protection while pointing out the many challenges involved. A central aim is to provide a copyrightability test for fashion goods based on detailed analysis of the legal regulations in the USA and EU countries, specifically Italy, France, the Netherlands, Germany and Poland. The book will be of interest to researchers and academics working in the areas of Intellectual Property Law, Copyright Law, Business Law, Fashion Law and Design.

Step into the world where fashion meets law, where innovation intertwines with tradition, and where haute couture unveils its secrets. In the 10th volume of the Series of the Center for Design, Fashion, and Advertisement Law (University of Silesia in Katowice), embark on a journey that delves deep into the long-forgotten haute couture ateliers. From groundbreaking marketing strategies to pioneering legal frameworks, from intricate technical designs to unparalleled branding techniques, this volume uncovers the multifaceted innovations that have shaped the landscape of fashion and beyond. Join us as we explore the intersection of creativity and legality, where every stitch tells a story of ingenuity and inspiration.

Step into the pulsating heart of contemporary fashion law as Volume 11 of the Series of the Center for Design, Fashion, and Advertisement Law (University of Silesia in Katowice) unfolds its pages. With a focus on France, the epitome of haute couture, immerse yourself in the rich tapestry of French copyright law as it interplays with the vibrant world of fashion. From renowned fashion houses to cutting-edge designers, explore captivating case studies that illuminate the intricate dance between creativity and legal protection. Delve deep into the nuances of copyright law, gaining invaluable insights into the legal landscape shaping the future of fashion. Join us on this enlightening expedition as we uncover the legal fabric that weaves together the threads of innovation, culture, and style at the forefront of the fashion universe.

How wealthy American women--as consumers and as influencers--helped shape French couture of the late nineteenth century; lavishly illustrated. French fashion of the late nineteenth century is known for its allure, its ineffable chic--think of John Singer Sargent's Madame X and her scandalously slipping strap. For Parisian couturiers and their American customers, it was also serious business. In Dressing Up, Elizabeth Block examines the couturiers' influential clientele--wealthy American women who bolstered the French fashion industry with a steady stream of orders from the United States. Countering the usual narrative of the designer as solo creative genius, Block shows that these women--as high-volume customers and as pre-Internet influencers--were active participants in the era's transnational fashion system. Block describes the arrival of nouveau riche Americans on the French fashion scene, joining European royalty, French socialites, and famous actresses on the client rosters of the best fashion houses--Charles Frederick Worth, Doucet, and Félix, among others. She considers the mutual dependence of couture and coiffure; the participation of couturiers in international expositions (with mixed financial results); the distinctive shopping practices of American women, which ranged from extensive transatlantic travel to quick trips downtown to the department store; the performance of conspicuous consumption at balls and soirées; the impact of American tariffs on the French fashion industry; and the emergence of smuggling, theft, and illicit copying of French fashions in the American market as the middle class emulated the preferences of the rich. Lavishly illustrated, with vibrant images of dresses, portraits, and fashion plates, Dressing Up reveals the power of American women in French couture. Winner of the Aileen Ribeiro Grant of the Association of Dress Historians; an Association for Art History grant; and a Pasold Research Fund grant.