Intellectual Property

Recent Posts

Curtailing Copycat Couture: The Merits of the Innovative Design Protection and Piracy Prevention Act and a Licensing Scheme for the Fashion Industry
Posted on 23 Jan 2012 by brian.scanlon placeholder

By Aya Eguchi* *B.S.E., Duke University, Pratt School of Engineering, 2005; J.D. Candidate, Cornell Law School, 2012; Editor, Cornell Law Review, Volume 97. Excerpt from Curtailing Copycat Couture: The Merits of the Innovative Design Protection... Read More

CRS Report - Copyright Protection for Fashion Design: A Legal Analysis of Legislative Proposals in the 111th Congress
Posted on 15 Sep 2010 by Copyright & Trademark Law Community Staff

Authored by the Congressional Research Service : Summary Fashion design does not currently receive explicit protection under U.S. copyright law. Limited avenues for protection of certain types of apparel designs can be found through trademark... Read More

Intellectual Property Protection for Fashion Designs
Posted on 5 Aug 2011 by Arina Shulga

So far, the U.S. laws offer little IP protection to fashion designers. As a result, fashion designs are copied freely by many. The U.S. copyright law does not extend protection to the overall design of clothing (the "useful" articles are... Read More

IP Update - The 2010 Fashion Bill: Inching Towards Protection
Posted on 10 Dec 2010 by Julia Matheson and Katherine Staba

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. The bill was originally introduced by... Read More

Curtailing Copycat Couture: The Merits of the Innovative Design Protection and Piracy Prevention Act and a Licensing Scheme for the Fashion Industry
Posted on 23 Jan 2012 by brian.scanlon placeholder

By Aya Eguchi* *B.S.E., Duke University, Pratt School of Engineering, 2005; J.D. Candidate, Cornell Law School, 2012; Editor, Cornell Law Review, Volume 97. Excerpt from Curtailing Copycat Couture: The Merits of the Innovative Design Protection and... Read More

Legislative Hearing on the Innovative Design Protection & Piracy Prevention Act - Hearing Memorandum and Testimony
Posted on 14 Jul 2011 by Copyright & Trademark Law Community Staff

Hearing Memorandum: July 13, 2011 Memorandum Regarding the Subcommittee hearing on H.R. ____, the "Innovative Design Protection and Piracy Prevention Act": Friday, July 15, 2011, at 10:00 am in 2141 Rayburn HOB. Read the entire Memorandum... Read More

Copyright Protection for Fashion Design: A Narrowly Tailored Proposal
Posted on 2 Sep 2010 by Sunstein Kann Murphy & Timbers LLP

By Nicole Rizzo Smith , a member of Sunstein's Litigation Practice Group C oco Chanel once said, "Fashion is made to become unfashionable." Perhaps due to this truism, fashion design is largely unprotected by intellectual property... Read More

Alterations to the Design Piracy Prohibition Act: Innovative Design Protection and Piracy Prevention Act ("IDPPPA")
Posted on 26 Aug 2010 by Janet Kim Lin, Sunita Koneru, Erica Krikorian

Design piracy has long been considered a problem by some in the fashion industry and a boon by others. Other than trademarked brand logos, fashion design has primarily been in the negative IP space; clothing often considered a "useful article"... Read More

S. 3728 - Innovative Design Protection and Piracy Prevention Act
Posted on 12 Aug 2010 by Copyright & Trademark Law Community Staff

111th CONGRESS 2d Session S.3728 To amend title 17, United States Code, to extend protection to fashion design, and for other purposes. IN THE SENATE OF THE UNITED STATES August 5, 2010 Mr. SCHUMER (for himself, Mr. HATCH, Mr. GRAHAM, Mr. WHITEHOUSE... Read More

The Innovative Design Protection and Piracy Prevention Act - Fashion Industry Friend or Faux?
Posted on 31 Jan 2011 by Louis S. Ederer and Maxwell Preston

Unlike their European Union counterparts, where protection of fashion designs has always been a part of the legal and cultural "fabric," for years the U.S. has lagged behind and failed to provide a clear framework for protecting fashion... Read More

Schumer Introduces Legislation to Protect Fashion Design
Posted on 9 Aug 2010 by Copyright & Trademark Law Community Staff

Press Release from the American Apparel & Footwear Association and the Council of Fashion Designers of America : Washington, DC - Senator Charles Schumer (D-NY) introduced the Innovative Design Protection and Piracy Prevention Act (S. 3728)... Read More

US Senate bill would extend unprecedented copyright protection to fashion designs
Posted on 4 Oct 2010 by Arent Fox LLP

By Anthony V. Lupo , Sarah L. Bruno and Amy E. Salomon On August 5, 2010, US Sen. Charles Schumer, D-NY, introduced S. 3728 , the Innovative Design Protection and Piracy Prevention Act. If passed, the Act would extend copyright protection to fashion... Read More

The Necessity of Protecting Fashion Designs in the Internet Age
Posted on 12 Nov 2010 by Catherine S. Gratton

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. This bill, proposed to amend the US Copyright Act, provides... Read More

Fashion Design Protection: A Legal Trend with Legs
Posted on 18 Jul 2011 by Susan Scafidi

"Will fashion designs finally be clothed in 'copyright' protection?" On the eve an Ides of July congressional subcommittee hearing on the Innovative Design Protection and Piracy Prevention Act (IDPPPA), this question leaves me ... Read More