Current Status of Fashion Design Protection
Currently, fashion may only be protected by copyright to the extent that its shape is non-utilitarian enough to qualify as a creative "sculpture," or to the extent that a design, pattern, or image on the clothing qualifies as "pictorial" or "graphic." While current laws against counterfeit goods do provide some protection for designers, this is so only when the trademark is used and not when merely the design is copied under a different label. In addition, fashion may be protected by design patents if the requirements for patentability are met. To be patentable an ornamental design must be new, original and non-obvious. The United States Patent and Trademark Office website (www.uspto.gov) has a searchable database of patents, and includes patents on apparel in class D2, carrying articles in class D3, and eyeglass frames in class D16. Technological advances to the means of textile and garment production, as well as increases in the number of distribution channels and the availability of cheap labor in emerging economies have enabled those who would copy these designs to do so quickly and inexpensively. Legislation targeting design piracy has already been enacted in Europe, India, and Japan.
Read more about this topic: Design Piracy Prohibition Act
Famous quotes containing the words current, status, fashion, design and/or protection:
“Through this broad street, restless ever,
Ebbs and flows a human tide,
Wave on wave a living river;
Wealth and fashion side by side;
Toiler, idler, slave and master, in the same quick current glide.”
—John Greenleaf Whittier (1807–1892)
“[In early adolescence] she becomes acutely aware of herself as a being perceived by others, judged by others, though she herself is the harshest judge, quick to list her physical flaws, quick to undervalue and under-rate herself not only in terms of physical appearance but across a wide range of talents, capacities and even social status, whereas boys of the same age will cite their abilities, their talents and their social status pretty accurately.”
—Terri Apter (20th century)
“I love all men who dive. Any fish can swim near the surface, but it takes a great whale to go down stairs five miles or more; & if he don’t attain the bottom, why, all the lead in Galena can’t fashion the plummet that will.”
—Herman Melville (1819–1891)
“With wonderful art he grinds into paint for his picture all his moods and experiences, so that all his forces may be brought to the encounter. Apparently writing without a particular design or responsibility, setting down his soliloquies from time to time, taking advantage of all his humors, when at length the hour comes to declare himself, he puts down in plain English, without quotation marks, what he, Thomas Carlyle, is ready to defend in the face of the world.”
—Henry David Thoreau (1817–1862)
“Ah! how much a mother learns from her child! The constant protection of a helpless being forces us to so strict an alliance with virtue, that a woman never shows to full advantage except as a mother. Then alone can her character expand in the fulfillment of all life’s duties and the enjoyment of all its pleasures.”
—Honoré De Balzac (1799–1850)