Why doesn’t copyright law fully protect clothing designs?
Clothing design typically isn’t protected under copyright law unless there is a functional or utilitarian aspect to it. The law currently favors utility over aesthetic in this space. As Vincent puts it, “the look usually gets copied.” Fashion trends seen at major events like the Oscars are often duplicated immediately by retailers without legal repercussions, unless a functional patent or trademark is in place.
How do trademarks protect fashion brands from knockoffs?
Trademark law protects logos, labels, and brand names, not the look of the garment itself. This is why counterfeit purses or clothing are pursued legally for using a brand’s logo, not just for copying a style. Trademarks give fashion brands legal grounds for civil and even criminal enforcement.
What is the role of branding and labels in fashion law?
Vincent explains that branding acts like a legal signature. A trademark is like a “brand on a cow,” identifying ownership and origin. That’s why fashion items like Louis Vuitton or Gucci feature their logos prominently… it’s not just style, it’s protection.
Why is speed-to-market a protection strategy in the fashion industry?
Fast fashion companies often rely on being first rather than filing legal protections for every new design. Companies like New Era Cap release new products so quickly that by the time others copy them, they’ve already moved on to the next style.
What is trade dress, and how does it apply to fashion and design?
Trade dress refers to the visual appearance of a product that signifies its source, such as the Coca-Cola bottle or red soles on Christian Louboutin shoes. These design elements can receive trademark protection if they’re distinctive and widely recognized.
How do copyright and trademark protections differ for visual artists?
Vincent explains that a visual artist may own a copyright for creating the work, but if it’s used as a brand logo, the business may also want trademark rights. If the artist is hired to create something, a work-for-hire agreement is necessary to transfer copyright ownership to the commissioner.
Why are work-for-hire agreements critical when commissioning artwork?
Without a written work-for-hire agreement, the original artist retains copyright, even if they were paid to create the piece. This has led to major legal disputes, including the foundational case where a movie producer discovered she didn’t actually own the rights to the film she funded.
What happened with the Nike swoosh designer and copyright ownership?
The Nike swoosh was designed by a student for $35. Without a work-for-hire agreement, she could have legally retained copyright. While Nike later gifted her a diamond swoosh, this highlights the importance of clear legal agreements from the outset.
What legal steps should small creators take to protect their IP on a budget?
Even on a shoestring budget, creators should read contracts carefully, especially the fine print around intellectual property. A basic work-for-hire agreement can be created from a template in minutes and offers major protection down the line.
What are the risks of using royalty-free or internet-sourced artwork?
Vincent explains that many mistakenly believe that royalty-free means free to use without restriction. Getty and similar companies actively monitor image use and have successfully pursued businesses years after an image was posted. Always ensure permission and licensing are clearly documented.
What does “don’t poke the bear” mean in trademark and copyright law?
If you suspect a design or name is too close to an existing brand, you’re probably right. Vincent advises startups to avoid legal risk altogether by being original and performing clearance searches before launching. “Pull the bandage off early,” he says, “don’t wait until you have 75,000 labels printed.”
