3 ms·
This article about an important Supreme Court ruling in 2017 clarifies the situation: https://consumerist.com/2017/03/22/supreme-courts-ruling-in-cheerleader-u
by hn_throwaway_99 3y ago
This article about an important Supreme Court ruling in 2017 clarifies the situation:
https://consumerist.com/2017/03/22/supreme-courts-ruling-in-cheerleader-uniform-case-could-lead-to-higher-prices-for-clothing-furniture/index.html https://consumerist.com/2017/03/22/supreme-courts-ruling-in-...
1. US copyright law prohibits "useful articles", like clothing, from being copyrighted.
2. However, as that article points out, "decorative features of a uniform should be treated like two-dimensional artwork". Look at the example on that article - it's basically some abstract stripes and triangles that were seen as deserving of copyright protection, much less than a sweatshirt with a pink "Barbie" logo in recognized font on it.
3. Beyond copyright, you can get a design patent on articles of clothing. Christian Louboutin is famous for their red soled shoes as well as their "spike" sneakers, and they're suing other companies making red-soled shoes and sneakers with spikes on them. We'll see how far they get.
In any case, my original point in posting this and the other examples is that the first comment I was replying to, at least to me anyway, was implying that the fashion industry has thrived without the need for IP protections. On the contrary, there are a TON of lawsuits in the fashion industry related to IP protections where one designer is accusing someone else of "ripping off" their designs. The mechanics may not be exactly the same as with written words but the effects are identical.
- haroldp 3y agoYou can't copyright a dress. You have presented a bunch of articles (that you didn't even read yourself) where artwork associated with a garment such as logos and textile prints may be subject to copyright in certain circumstances. It is not a matter of fashion having the same protections but under different codes. You simply can not copyright a dress. Fashion designers do not have that monopoly of reproduction.
- PrimeMcFly 3y agoThere wasn't really any need for clarification. I and the other poster were just pointing out that you can't copyright a dress. It's as simple as that. Other types of IP protection are certainly not the same, not are their effects via enforcement.