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October 1, 2012 AT 7:00 am

Senate Takes Up Fashion Copyright Again

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Senate Takes Up Fashion Copyright Again @ Public Knowledge via Alicia.

Once again, the Senate is considering a bill that would allow fashion designers to sue people for knocking off their designs. The “Innovative Design Protection Act,” S.3523, is being considered by the Senate Judiciary Committee. The bill, like its predecessors, would create a three-year term of protection for clothing, handbags, eyeglass frames, and other types of apparel, preventing anyone else from using the same design as the original designer. For a look at some of the arguments around earlier versions…

This would be a marked departure from the state of the law now. Currently, apparel designers can apply for design patents to gain limited monopolies on many of their products, and trademark law prevents knockoff manufacturers from pretending to sell originals. But the proposed law would create an entirely new right for clothing designs—something that hasn’t existed in U.S. law.

Read more.


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1 Comment

  1. Good news for the biggest and richest brands.
    Really bad news for the rest and for the fashion industry in general.

    What’s next?
    Will Apple enter the market now and patent the concept of fashion itself and sue the heck out of anyone that makes fashionable clothes.

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