Copyright Issues in Luxury Fashion This project examines, in detail, the copyrights and ethics in Luxury Fashion in the US and its differences with Europe. Product liability, unprotected current business environment, advantages and disadvantages of Fashion=Technology collaborations are some of the cases that are studied throughout this presentation. Overview There is no prevention of copying of fashion designs in the U.S. In general, to prevent counterfeit the ‘Trademark Law’, which is inadequate in most of the cases, is used. Fashion Design is also outside the domain of IP law. In Europe, in France, the situation is different because Fashion Design is subject to copyright law. In United States, with the technological developments, happening at the speed of light, each second it is becoming easier to copy the new designs direct from the runway. In other words, technology, today, has made it increasingly difficult for designers to surpass copyists and achieve a sustainable return on creative investments. “Models and editors are stylishly dressed while fashion designers are naked, LEGALLY naked.”, The New York Times Credits: Alaa Balkhy, Emine Arıkan, Sophia Lu, Reshma Ramrattan, Ceresa Newsome Business Law Team Project - Pratt Institute (2014)

1. Luxury Fashion
Alaa Balkhy
Rabia Dilara Cumhur
Sophia Yuhua Lu
Reshma Ramrattan
Emine Arikan
Ceresa Newsome

2. Luxury Fashion
Legal History of Fashion
• No prevention of copying of fashion
designs in the U.S.
• To prevent counterfeit ‘Trademark Law’
is generally used
• Outside the domain of IP law
01

3. 02
Legal Landscape: U.S
Original
Design
Original
Design
Original
Design
Section
1302
Section
1305
Title 17,
Chp 13
U.S Code

4. 03
Technology
• Internet & Smart Phones
• “Runway-to-rack” by advanced softwares

5. 04
Technology
• CAD Copyrights in 3D Printing

6. 05
Technology
• Growth in wearable technology

7. Product Liability
0067
Original
Design
Copy
Manufacturer Seller

8. Ethical Fashion
Nature
Workers
Consumers
07
• Conscious use of
resources
• Compassionate
animal treatment
• Fair dealing
anywhere in the
world
• Adequate working
conditions
• Transparent and
complete information
• Fair prices and service

9. 08
“The front-line responsibility is the government’s, but the real
power lies with Western brands and retailers, beginning with the
biggest players: Walmart, H&M, Inditex, Gap and others.”
- Scott Nova, Executive Director of Worker Rights Consortium
Ethics

10. Ethics
10
Lanham Act: 15 U.S. Code
Chapter 22 - Trademarks (Also
known as the trademark act of
1946)
● Polo Ralph Lauren V USPA
● Roberto Cavalli V Jason Williams,
Victor Chapa and Jeffrey Rubin -
known as Revok, Reyes and Steel,
respectively

11. Current Business
Environment
11
Intellectual Property law does not
extend to articles of clothing
Fashion designs exist in what is
known as a “low-IP equilibrium”
“Innovative Design Protection
Act,” (“IDPA”), has been seen as a
tool that may finally level the playing
field in the counterfeit goods and
design infringement cases

12. Christian Louboutin vs Yves Saint Laurent
12

15. 13
Pitch
“Models and editors are stylishly
dressed while fashion designers are
naked, LEGALLY naked.”

16. 14
● E-Commerce, Digital Platform
● Brand Protection
● Better IP rights

17. Fashion
Tech
15
+

18. “Technology and fashion,
they are going to
MARRY!”
$30 billion wearable technology market in 2018.
- Citi research
16

19. Thank You