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How does protection work on fashion? Anyone got a tldr on fashion copyright/design protection?

by brador 14y ago

netcan 14y ago
There's an interesting 1hr podcast (with transcript) here: http://www.econtalk.org/archives/2010/06/blakely_on_fash.html http://www.econtalk.org/archives/2010/06/blakely_on_fash.htm... The tldr is: In the fashion industry there is limited protection for innovative designs and as a result, copying is rampant. Despite the ease of copying, innovation is quite strong in the industry and there is a great deal of competition. I would add that, (1) the clothing industry is similar now to the the time IP was being legislated so it was directly addressed rather than derived by similarity to other areas. Its a little more logical and true to the original goals of IP than areas that derive. (2) There is a big element of hivemind/zeitgeist/emergence in fashion because people invent their own outfit every time they dress. (3) The combination of innovative fashion & quality is what makes high fashion brands valuable. (4) the lack of IP protection actually fuels innovation as a design will remain somewhat exclusive for a season only.
- brador 14y ago
  Interesting. I think anyone interested in software patents should listen to the first 10 minutes of this. Good info about utilitarian-ness being the reason clothing design is free of protection.
- saosebastiao 14y ago
  This is an excellent podcast. There was a similar video a while back, actually showing the garments that they talked about, but I can't seem to find it. What I find most humorous about those that are so bent out of shape about the copying is that they themselves are copycats, but they hold themselves to different standards. To them, it is okay to copy a design from 10-20 years ago, or to pull 10 different design elements from a current design...but if someone does it to them, they want to sue. The simple fact is that design elements of contemporary fashion are always recycled. Runway fashion is innovative (from an art and design perspective, as much as this crowd would probably laugh at that), but not marketable, as most people (even fashionistas) do not want to be walking art exhibitions.
  - subsystem 14y ago
    I'm guessing it was the ted talk by the same person. http://www.ted.com/talks/johanna_blakley_lessons_from_fashion_s_free_culture.html http://www.ted.com/talks/johanna_blakley_lessons_from_fashio...
EliRivers 14y ago
You can't copy someone's logo. Otherwise, copy whatever design you like.
nicholassmith 14y ago
A design is non-protectable, which is why they generally keep things moving fast or cover it with logos which are protectable and gives them leverage to go after copies.
userium 14y ago
There is also an interesting TED talk of the virtues of copying in the fashion industry: http://on.ted.com/8RlP http://on.ted.com/8RlP
goatforce5 14y ago
Lululemon, maker of high-end yoga and exercise apparel, patented some design elements on their yoga pants. They sued Calvin Klein when they started to make some similar pants. It was settled out of court: http://www.theglobeandmail.com/globe-investor/lululemon-calvin-klein-reach-settlement-on-yoga-pants/article5489791/ http://www.theglobeandmail.com/globe-investor/lululemon-calv...

How does protection work on fashion? Anyone got a tldr on fashion copyright/design protection?

by brador 14y ago

How does protection work on fashion? Anyone got a tldr on fashion copyright/design protection?

There's an interesting 1hr podcast (with transcript) here: http://www.econtalk.org/archives/2010/06/blakely_on_fash.html http://www.econtalk.org/archives/2010/06/blakely_on_fash.htm... The tldr is: In the fashion industry there is limited protection for innovative designs and as a result, copying is rampant. Despite the ease of copying, innovation is quite strong in the industry and there is a great deal of competition. I would add that, (1) the clothing industry is similar now to the the time IP was being legislated so it was directly addressed rather than derived by similarity to other areas. Its a little more logical and true to the original goals of IP than areas that derive. (2) There is a big element of hivemind/zeitgeist/emergence in fashion because people invent their own outfit every time they dress. (3) The combination of innovative fashion & quality is what makes high fashion brands valuable. (4) the lack of IP protection actually fuels innovation as a design will remain somewhat exclusive for a season only.

brador 14y ago
Interesting. I think anyone interested in software patents should listen to the first 10 minutes of this. Good info about utilitarian-ness being the reason clothing design is free of protection.
saosebastiao 14y ago
This is an excellent podcast. There was a similar video a while back, actually showing the garments that they talked about, but I can't seem to find it. What I find most humorous about those that are so bent out of shape about the copying is that they themselves are copycats, but they hold themselves to different standards. To them, it is okay to copy a design from 10-20 years ago, or to pull 10 different design elements from a current design...but if someone does it to them, they want to sue. The simple fact is that design elements of contemporary fashion are always recycled. Runway fashion is innovative (from an art and design perspective, as much as this crowd would probably laugh at that), but not marketable, as most people (even fashionistas) do not want to be walking art exhibitions.
- subsystem 14y ago
  I'm guessing it was the ted talk by the same person. http://www.ted.com/talks/johanna_blakley_lessons_from_fashion_s_free_culture.html http://www.ted.com/talks/johanna_blakley_lessons_from_fashio...

EliRivers 14y ago

You can't copy someone's logo. Otherwise, copy whatever design you like.

nicholassmith 14y ago

A design is non-protectable, which is why they generally keep things moving fast or cover it with logos which are protectable and gives them leverage to go after copies.

userium 14y ago

There is also an interesting TED talk of the virtues of copying in the fashion industry: http://on.ted.com/8RlP http://on.ted.com/8RlP

goatforce5 14y ago

Lululemon, maker of high-end yoga and exercise apparel, patented some design elements on their yoga pants. They sued Calvin Klein when they started to make some similar pants. It was settled out of court: http://www.theglobeandmail.com/globe-investor/lululemon-calvin-klein-reach-settlement-on-yoga-pants/article5489791/ http://www.theglobeandmail.com/globe-investor/lululemon-calv...