US FASHION LAW
Protect Your Designs
Copyright
Copyright law protects original works, including fashion designs, by covering works fixed in a tangible medium, such as unique fabric prints. While copyright registration offers key legal benefits, it’s important to note its limitations, especially in fashion.
Designers can register copyrights for artwork like prints or patterns on fabric, but the garment's actual design may not be protected unless specific conditions are met, as it’s considered a "useful article."
For example, designers like Lilly Pulitzer and Robert Graham have used copyright to protect their distinctive prints, helping prevent unauthorized reproductions and safeguard their collections.
CASE STUDY
Sugartown Worldwide, LLC v. Old Navy (2015) highlights the challenges fashion designers face in protecting their unique prints from infringement. The case underscores the value of registering copyrights early, as it allows for statutory damages and attorney fees, offering strong deterrence against infringement.
A key case in fashion copyright law is Varsity Brands, Inc. v. Star Athletica (2016), which clarified that designs on cheerleading uniforms could be copyrightable if they are artistic elements separable from the garment's functional aspects. This ruling confirmed that surface decorations with artistic value can receive copyright protection, even if the overall article is considered a "useful article."
These cases reflect the importance for fashion designers to understand and leverage copyright protections to safeguard their creative work in the competitive fashion industry.
