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fashion design

From: "Brenda J. Butler" <bjb _-at-_>
To: discuss (at)
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.



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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