3-D printing and scanning technologies enable at-home counterfeiting of fashion designs, which current IP laws do not adequately address. The presentation discussed how 3-D printing capabilities are advancing to allow durable, washable printed clothing and discussed examples of brands using 3-D printing. It argued fashion designers need IP reforms to protect against growing online piracy risks as 3-D printing becomes more accessible.

1. The Future of Fashion: 3-D
Printing and Online
Counterfeiting
Presented at the ECMM 6040 Mini Conference
Arvin Ramlakhan, Dalhousie University

2. Background
• The presentation was based on an article written by
Michael Lynch.
• Lynch, M. (2015). FASHION NIGHTMARE! THE FUTURE OF CONSUMER 3-D PRINTING AND ONLINE
COUNTERFEITING IN THE FASHION INDUSTRY. SPORTS & ENTERTAINMENT LAW JOURNAL
ARIZONA STATE UNIVERSITY, 5(1), 119-132.

3. Themes

4. Overview
◦ Lynch suggests that 3-D printers and scanners enable at
home counterfeiting of fashion.
◦ Lynch explains that current intellectual property laws
are not sufficient to protect designers and brands.
◦ Lynch argues for increased lobbying and further legal
reforms.

5. 3-D Printing Today

6. 3-D Printed
Haute Couture
◦ This is the first fully articulated
3-D printed dress.
◦ Part of a growing trend in the
fashion industry.

7. Evolving Capabilities
◦ Printers such as the TPU 92A-1can
create items that are durable enough
to be worn and washed (pictured).
◦ Future 3-D printers will likely be able to
print materials such as natural fibers.

8. 3-D Printed
Fashion
◦ Both Nike and
New Balance have
used 3-D printers to
build custom
elements for shoes
and sportswear.

9. 3-D Printing
Technology
◦ 3-D printing is in its
hype phase and
the technology is a
few years away
from where it
needs to be to
create a major
paradigm shift.

10. 3-D Printers
at Home
◦ The prices of
at home
3-D printers
have fallen
rapidly.
◦ They are now
more widely
available
online.

11. 3-D Scanners
◦Helps
people to
create
identical
models of
items.
◦
◦

12. 3-D Printing
Communities
◦ At the heart of
3-D printing
culture and
innovation.
◦ Emphasizes an
open source
system.

13. 3-D Printing
Services
◦ Will produce
custom 3-D
designs for
consumers.
◦ Created a
marketplace for
these designs
and products.

14. New Threat

15. Larger Problem

16. Major Concern

17. ◦ The U.S. federal courts hold that
fashion design falls within the
Copyright Act's exclusion of "useful
articles."
◦ These articles having an intrinsic
utilitarian function which makes it
exempt from copyright protection.
Copyright
Law

18. Trademark
Protection
◦ Trade dress is used to protect the
overall image of a product.
◦ Designers argue that fashion design
should be protected under trade
dress.
◦ The U.S. Supreme Court has denied
general protection to fashion design
under trade dress.

19. Argument
Against
Reform

20. Argument
for Reform

21. Conclusion
◦ Fashion designers and brand owners should advocate
for intellectual property reform.
◦ Failure to enact reforms may result in the spread of
online fashion design piracy.
◦ Success may lead to increased creativity and exciting
opportunities for designers.