Sex and the City 2: Lessons in Fashion Law

By Erica Krikorian, Janet Kim Lin

$10 million. That is the estimated wardrobe cost of Sex and the City 2. The film is a moving catalog of fashion design: Sarah Jessica Parker's character, Carrie Bradshaw, has 41 costume changes, including a $47,190 silver-and-gold Chanel lamé dress worn in the movie's karaoke scene.

Although the film has yet to hit theaters, budget-priced knockoffs are already in stores. Fast fashion copyists such as Steve Madden and Asos.com have already offered more wallet-friendly versions to frugal-fashionistas nationwide.

Is this fashion for the masses or legalized piracy?

While the European Union, Japan, and India have design protection measures for apparel, the US has denied copyright protection based on the utilitarian nature of clothes. However, trademarks on apparel are just as protected as on other consumer goods. This has pushed designers to engage in what some term "logofication"- emblazoning their goods with logos in order to obtain protection against copyists. But good designers want to design, not just brand. So what is the solution?

Is Third Time the Charm? The Design Piracy Prohibition Act

For the third consecutive session of Congress, lawmakers have proposed the Design Piracy Prohibition Act ("DPPA") (currently HR 2196). The DPPA seeks to make an exception to the inability to copyright fashion design under the useful article doctrine. The DPPA would add language to Title 17, Chapter 13 of the US Code where there currently exists an exception for boat hull designs. The DPPA provides a short, three-year protection if the designer registers for copyright protection within six months of creation or making the design public (whichever is first). The DPPA distinguishes copyrightable original designs from uncopyrightable fashion trends that should be available to all designers and manufacturers.

Those in favor of the DPPA argue that it will promote innovation by providing designers incentives to create, knowing their designs will be protected. Those opposed to protection state that copying itself is what drives innovation in the fashion industry. Just as the debate as to what's in and what's out; the topic of design protection will continue to be hotly debated.

...and in case you were wondering; yes, the SATC2 cast members were allowed to keep the clothes.

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