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fashion design

From: "Brenda J. Butler" <bjb _-at-_ achilles.net>
To: discuss (at) digital-copyright.ca
Date: Fri, 22 Nov 2002 10:42:45 -0500


It turns out that the world of high fashion does not have
copyrights on the designs (as far as I can tell) although
someone tries to implement them every once in a while.

The patterns printed on paper that are used by seamstresses
to make the design are copyrighted, but not the design of
the garment itself.

The fashion-law industry has a lot of trouble with how easy
and quick it is to copy patterns, and these articles discuss
the various legal arguments.  Mostly these articles are trying
to make a case /for/ copyright in fashion, but they are
interesting anyways.

1997:  http://www.bc.edu/bc_org/avp/law/st_org/iptf/articles/content/1997121201.html

2000:  http://leda.law.harvard.edu/leda/data/36/MAGDO.html

The second article disusses "trade dress", "a much broader concept
than trademark, embracing such aspects as the product?s size, shape,
color, graphics, packaging, label, advertising techniques, and
marketing techniques.[39] Courts have granted trade dress protection
to items as diverse as a china pattern, fishing reel design, a
restaurant?s ambience, a television commercial?s theme, and a the
style of a rock group?s musical performance."

Looks like we could remove copyright/patent protection from
software, and it would still be protected by this "trade dress"
provision.  Trade dress seems tailor-made (heh) for "look and
feel" legal actions.

-- 
bjb at achilles dot net
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