Will fashion designs finally be clothed in “copyright” protection?
Vorys, Sater, Seymour and Pease LLP | USA | July 7 2011
After many attempts, it appears that clothing designs may finally gain protection in the United States.
Mintz Levin Cohn Ferris Glovsky and Popeo PC | USA | September 20 2012
A few weeks ago, the Second Circuit’s ruling in the Louboutin decision made clear that color as a trademark can be protected in the fashion industry.
Lewis Roca Rothgerber | USA | September 7 2010
On August 6, 2010, New York Senator Charles Schumer introduced a new bill entitled the "Innovative Design Protection and Privacy Prevention Act" ("IDPPA") which would amend the U.S. Copyright Act to grant certain protections to new and original fashion designs.
Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | December 6 2010
On December 1, 2010, the Senate Judiciary Committee agreed to send the bill titled the Innovative Design Protection and Piracy Prevention Act (S.3728) (the “IDPPPA”) to the full Senate for a vote.
Arent Fox LLP | USA | September 21 2010
On August 5, 2010, US Sen. Charles Schumer, D-NY, introduced S. 3728, the Innovative Design Protection and Piracy Prevention Act.
Arent Fox LLP | USA | August 2 2011
On July 13, 2011, US Representative Bob Goodlatte, R-VA, introduced H.R. 2511, the Innovative Design Protection and Piracy Prevention Act.
Venable LLP | USA | October 18 2012
The IDPPPA (H.R. 2511), a bill pending in the House of Representatives, is a proposed amendment to the Copyright Act that provides for a three-year term of protection for original elements or arrangements of fashion designs that are the result of a designer’s “own creative endeavor” and that “provide a unique, distinguishable, non-trivial and non-utilitarian variation over prior designs.”
Morgan Lewis & Bockius LLP | USA | September 28 2012
On September 20, the Innovative Design Protection Act of 2012 (S. 3523) (IDPA) was reported favorably out of the Senate Judiciary Committee.
Sheppard Mullin Richter & Hampton LLP | USA | August 24 2010
On August 6, 2010 Senator Charles Schumer (D-NY), introduced a bill entitled the Innovative Design Protection and Piracy Prevention Act ("IDPPPA") (S. 3728), which represents a compromise between the American Apparel & Footwear Association ("AAFA") and the Council of Fashion Designers of America ("CFDA") in an effort to afford protection to American designers for new and original fashion designs.
Diaz Reus | USA | September 13 2011
On July 13, 2011, the Innovative Design Protection and Piracy Prevention Act, (“IDPPPA”), was yet again introduced in the United States House of Representatives.
Venable LLP | USA | September 7 2011
On July 13, 2011, the so-called Fashion Bill was reintroduced into Congress, carrying the same name as its previous iterations, the “Innovative Design Protection and Piracy Prevention Act,” H.R. 2511 (“IDPPPA”).
White & Case LLP | USA | November 2 2010
New York Senator Charles Schumer recently introduced the Innovative Design Protection and Piracy Prevention Act, S. 3728, to create the first statutory protection specific to fashion designs.
Sheppard Mullin Richter & Hampton LLP | USA | August 10 2007
On August 2, 2007, Senator Orrin Hatch announced S. 1957, a bill intended to provide protection for fashion designs.
Sheppard Mullin Richter & Hampton LLP | USA | February 10 2012
With New York's Fashion Week upon us, the time is appropriate to examine the intellectual property protections available to some of the most prominent artists in popular culture: fashion designers.
Nexsen Pruet | USA | March 18 2013
It's March, and in Charleston thoughts turn to longer days, spring break and, relatively recently, fashion. The tents go up in Marion Square
Duane Morris LLP | USA | April 14 2015
The fashion industry in the United States generates more than $300 billion in revenue each year. In addition to its substantial contributions to the
Mitchell Silberberg & Knupp LLP | USA | November 22 2010
In the current lame-duck session of Congress, it is not yet clear what will happen regarding a number of pending matters.
Arent Fox LLP | USA | September 21 2012
On September 12, 2012, U. S. Senator Chuck Schumer, D-NY, introduced S.3523, the Innovative Design Protection Act of 2012.
Mintz Levin Cohn Ferris Glovsky and Popeo PC | USA | November 5 2014
Fabric design is a creative art form that has existed for thousands of years. Although the methods for creating such designs have evolved, the purpose
Sheppard Mullin Richter & Hampton LLP | USA | December 6 2010
On November 30, 2010, the Judiciary Committee of the United States Senate unanimously passed the Innovative Design Protection and Piracy Act (“IDPPA”) (S. 3728), which was introduced by Senator Charles Schumer (NY) on August 6, 2010.
Nutter McClennen & Fish LLP | USA | January 26 2011
It’s been two years since the Federal Circuit’s ruling in Egyptian Goddess Inc v. Swisa.
Mitchell Silberberg & Knupp LLP | USA | November 19 2012
Congress has taken the idea of a fashion design copyright back off the cutting room floor, in an effort to create a new 3-year right of protection for fashion designs under Chapter 13 of the Copyright Act.
Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | October 19 2012
S. 3523, the Innovative Design Protection Act of 2012, introduced into the Senate on September 10 by Sen. Charles E. Schumer (D-NY), is the latest in a series of efforts by Congress to extend intellectual property protection to fashion designs.
Sheppard Mullin Richter & Hampton LLP | USA | December 10 2010
Fordham Law School has founded the world's first Fashion Law Institute, marking a critical effort to advance the study and application of fashion law.
Dykema Gossett PLLC | USA | October 19 2010
For decades, fashion designers have watched their new designs be quickly copied with knock-off pieces that pop up on the open market shortly after the originals appeared on runways.
Sheppard Mullin Richter & Hampton LLP | USA | November 29 2012
On October 15, 2012, the United States Court of Appeals for the Second Circuit issued its opinion in Jovani Fashion, Ltd. v. Fiesta Fashions , Docket No. 12-598-cv, 2012 WL 4856412, holding that the prom dress artwork of fashion designer Jovani Fashions, Ltd. (“Jovani”) lacked copyrightable elements, and thus, could not be infringed by a competitor’s design.
Locke Lord LLP | USA | April 17 2007
Congress and in particular the House of Representatives has been very busy lately, introducing two new pieces of legislation to revise the Copyright Act.
Baker & Hostetler LLP | USA | October 15 2014
Metaphysics is usually thought to be the province of philosophers or theologians. A recent decision by a U.S. District Court in Tennessee, Varsity
Locke Lord LLP | USA | June 29 2012
Design patents, trade dress and copyrights each have different requirements, resulting in the need for a multi-faceted approach.
Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | July 7 2009
Have you ever been frustrated with free-riders?
Locke Lord LLP | USA | September 10 2012
Ask nearly anyone in the fashion industry who has tried to get legal protection to protect apparel designs or features and you’ll quickly find that there are some who have tried, yet precious few who have actually succeded.
Baker Botts LLP | USA | March 23 2012
Christian Louboutin, a French shoe designer, is well known for his luxurious collections of women’s high heel shoes with bright red outsoles.
Nexsen Pruet | USA | January 29 2013
Some people say that imitation is the sincerest form of flattery. However, under architectural copyright law, imitation could be a very costly
Arent Fox LLP | USA | December 15 2014
A former student of the Fashion Institute of Technology (FIT) recently suffered a decisive blow in her lawsuit against her alma mater and Barnes &
Marks & Clerk | Canada, USA | May 6 2014
In recent years, design protection has garnered interest for protecting the appearance of a product, particularly in view of high-profile cases
Wiley Rein LLP | USA | May 12 2010
Despite its name, the DISCLOSE Act (The Democracy Is Strengthened by Casting Light On Spending in Elections Act or Schumer-Van Hollen) is as much about campaign finance bans and prohibitions as about disclosure.
Kenyon & Kenyon LLP | USA | March 16 2009
The growing demand for high-fashion footwear means that, increasingly, companies are turning to IP legislation to protect their footwear products.
Fenwick & West LLP | USA | March 10 2014
Over the years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at
Mitchell Silberberg & Knupp LLP | USA | January 18 2013
Lululemon's lawsuit against Calvin Klein and G-III Apparel, a design patent case that has been raising eyebrows since its filing in August 2012, has