Fashion Law - Guide to Fashion Law






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Fashion Law covers several legal issues of which the two major deal with the protection of intellectual property rights of designers and the criminal aspect of counterfeiting fashion designs. Some designers of the high end fashion industry such as Coach, Gucci, and Louis Vuitton have seen their brand names associated with imitations.

Fashion Law - US

  • AAFA - Anti-Counterfeiting and IPR Issues

    Congress and the Administration continue to be active on efforts to strengthen intellectual property rights (IPR) protection and enforcement. A law (PL 109-81, Stop Counterfeiting in Manufactured Goods) that was enacted in March 2006 to provide tougher penalties for the trafficking in counterfeit hangtags and labels has already had some results and will continue to help law enforcers prosecute counterfeiters.

  • Design Law in the European Fashion Sector

    Following the entry into force of the Geneva Act of the Hague Agreement in the European Community, Dr. Fridolin Fischer, an attorney-at- law in Zurich, Switzerland, and author of “Kleidermode – Phänomen ohne Rechtsschutz?”, an analysis of legal protection for fashion designs, discusses in this article for WIPO Magazine the relevance of design law in the fashion sector.

  • Design Piracy Prohibition Act

    An Act to amend title 17 to the United States Code, to extend protection to fashion design, and for other purposes.

  • Innovative Design Protection and Piracy Prevention Act

    Senator Schumer has introduced a new fashion design protection bill called the Innovative Design Protection and Piracy Prevention Act. The bill represents a compromise as compared to its highly problematic predecessor, the Design Piracy Protection Act (DPPA) which would have put 90% of independent designers out of business (and me along with them). The proposed new bill represents a compromise between the AAFA and CFDA. We also have your voices and advocacy to thank for making this possible.

  • Stop Counterfeiting in Manufactured Goods Act

    Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive.

  • United States Copyright Office - Protection for Fashion Design

    The Copyright Office submits this written statement to the House Subcommittee on Courts, the Internet and Intellectual Property in connection with the Subcommittee's July 27, 2006 hearing on H.R. 5055,

  • United States Patent and Trademark Office

    The United States Patent and Trademark Office (USPTO) is the Federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the Executive branch "promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries."

Organizations Related to Fashion Law

  • American Apparel and Footwear Association (AAFA)

    The American Apparel & Footwear Association (AAFA) is the national trade association representing apparel, footwear and other sewn products companies, and their suppliers, which compete in the global market.

  • Arts of Fashion Foundation

    The new challenge for the American fashion industry as well as for education would be the adoption of a copyright law for fashion design with the Design Piracy Prohibition Act.

  • Council of Fashion Designers of America (CFDA)

    The Council of Fashion Designers of America, Inc, (CFDA) is a not-for-profit trade association that leads industry-wide initiatives and whose membership consists of more than 350 of America’s foremost womenswear, menswear, jewelry, and accessory designers. In addition to hosting the annual CFDA Fashion Awards, which recognize the top creative talent in the industry, the organization offers programs which support professional development and scholarships, including the CFDA/Vogue Fashion Fund, the Geoffrey Beene Design Scholar Award, the Liz Claiborne Scholarship Award, and the CFDA/Teen Vogue Scholarship. Member support is provided through the Business Services Network, a high-profile group of companies offering designers strategic opportunities.

  • Fashion Law Center

    The world of fashion may soon be substantially transformed by Congressional passage of a proposed new law known as the U.S. "Design Piracy Act." As every fashionista knows, the fashion industry thrives on trends and therefore on imitation. The question frequently arises, how much is too much? When does "inspiration" verge on theft? That Diane von Furstenberg knockoff you saw for sale at Forever 21 – is that legal? Today, U.S. law differs markedly from European Union law in that the U.S. does not provide for the legal protection of fashion designs. While certain elements of a garment or fashion item may be protected (trademarks, fabric prints, and accessories, for example), the actual design of a garment cannot be protected.

  • Harper's Bazaar - Fakes are Never in Fashion

    Thinking of buying a fake? Get real. The Harper’s Bazaar Fakes Are Never In Fashion™ campaign is dedicated to exposing the criminal activities connected to the sale of counterfeit luxury goods—child labor, drug trafficking, and even terrorism.

  • International Anti-Counterfeiting Coalition

    The International Anti-Counterfeiting Coalition is the world's largest non-profit organization devoted solely to protecting intellectual property and deterring counterfeiting. Our membership spans from automotive, apparel, luxury goods and pharmaceuticals, to food, software and entertainment. From the small privately owned companies to large multinationals, we share one common goal–to combat counterfeiting and piracy.

  • My Authentics

    Myauthentics.com is the new website from The Authentics Foundation for all the latest counterfeiting news. Here you will find accurate information on how to spot fakes on the high street so you can make smart, safe choices. We also want to let everyone know about the issues surrounding counterfeiting and how it affects you on a daily basis. Take a look around the site to find out more about what we do and how counterfeiting affects you!

  • Stop Fashion Piracy

    Design piracy, the blatant copying of another's designs, is akin to counterfeiting without affixing the fake designer label. Sadly, because of a lack of adequate legal protection, design piracy has become a way of life in the fashion industry in the U.S. Design piracy is unfair to designers and is detrimental to competition within the fashion industry. It effectively allows others to plagiarize the original designer's creative ideas and reap the benefits of the creator's labor and assumption of risk.

Articles on HG.org Related to Fashion Law

  • Video Games and the Law
    Like virtually every other activity Americans engage in on a daily basis, even video games are subject to the restrictions and protections of the law. This is also an area of increasing interest as hundreds of new companies come into the video game market every year by developing the wildly popular game apps played on mobile phones and tablet devices.
  • Copyright FAQ: What Is a Work for Hire?
    If a copyrighted work is considered a work made for hire, the employer or other person for whom the work was made is deemed the owner of the copyright unless there has been a written agreement to the contrary signed by both parties. Therefore, it is important for employees and consultants to understand the meaning of a “work for hire.”
  • Copyright FAQ: Is a Copyright Notice Required?
    U.S. law no longer requires the use of a copyright notice. However, prior law did contain such a requirement, and the use
of a notice is still relevant to the copyright status of older works.
  • Does a California Copyright Case Spell Doom for Karaoke Lovers?
    If you feel strongly about karaoke (most either love it or hate it), you should keep a close eye on a recently filed California copyright infringement case.
  • Fair Use of Copyrighted Works
    For those who have ever engaged in creative pursuits, the term “fair use” is often greeted with equal measures of delight and disdain. Fair use is an important part of copyright law that provides some flexibility for how copyrighted works can be used by others. In essence, fair use ensures that there are some kinds of uses that do not require someone to obtain permission or pay licensing fees to use certain works in certain ways.
  • Legal Considerations for Website Terms of Service
    If you run a website, you may already be familiar with the concept of website's terms of service (“TOS”). If you are just starting out with your own site, you may not be familiar with these and need to get a handle on what is involved. In either case, terms of service can help to protect the owners of a website from liability to those who use the site or others, and should be an essential part of any website you own or design.
  • Legal Concerns When Registering Domain Names
    As the world becomes increasingly connected to the Internet, concerns from the real world are spilling over into the Web. For example, what are the legal concerns when registering a domain name? Can one violate a trademark or copyright with a domain name? If so, what kinds of remedies and protections exist?
  • Copyright FAQ: Can a Copyright Be Protected Internationally?
    In general, intellectual property rights are territorial in nature, meaning that the protection afforded under U.S. laws does not expend beyond the boundaries of our country. Copyrights are no exception.
  • What is a Copyright and How Do I Get One?
    The U.S. Copyright Office describes copyright as “a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression” covering both published and unpublished works.
  • U.S. Copyright Office Takes on Mass Digitization
    The U.S. Copyright Office recently published a report that addresses one of the most controversial areas of copyright law right now—the mass digitization of books. According to the agency, the report is intended to facilitate further discussions among the affected parties and the public regarding possible approaches to the issue, including voluntary initiatives, legislative options, or both.
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