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Schumer Introduces Legislation to Protect Fashion Design

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), which will offer intellectual property protection...

S. 3728 - Innovative Design Protection and Piracy Prevention Act

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, Mrs. GILLIBRAND, Ms. SNOWE, Mrs. BOXER, Mrs...

Alterations to the Design Piracy Prohibition Act: Innovative Design Protection and Piracy Prevention Act ("IDPPPA")

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" ineligible for copyright protection or unable...

Copyright Protection for Fashion Design: A Narrowly Tailored Proposal

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 law in the United States. Fashion trends are...

CRS Report - Copyright Protection for Fashion Design: A Legal Analysis of Legislative Proposals in the 111th Congress

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 and patent law, though proponents of copyright protection...

US Senate bill would extend unprecedented copyright protection to fashion designs

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 designs, including many types of men's, women's...

The Necessity of Protecting Fashion Designs in the Internet Age

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 intellectual property protection to apparel...

IP Update - The 2010 Fashion Bill: Inching Towards Protection

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 Sen. Charles E. Schumer (D-N.Y.) on August 5, 2010...

The Innovative Design Protection and Piracy Prevention Act - Fashion Industry Friend or Faux?

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 designs against infringement. While design patent...

Legislative Hearing on the Innovative Design Protection & Piracy Prevention Act - Hearing Memorandum and Testimony

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. Testimony/Statements/Comments before...

Fashion Design Protection: A Legal Trend with Legs

"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 torn between diving for my Swarovski crystal ball...

Intellectual Property Protection for Fashion Designs

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 not protected). There is a limited exception...

Curtailing Copycat Couture: The Merits of the Innovative Design Protection and Piracy Prevention Act and a Licensing Scheme for the Fashion Industry

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 Piracy Prevention Act and a Licensing Scheme for...