US FASHION LAW
Protect Your Designs
Design Patents
Design patents protect the visual ornamental characteristics of an article, becoming increasingly popular for fashion design protection. Despite being the most expensive form of protection, design patents are a valuable tool for designers seeking to safeguard their unique creations. In the realm of fashion design, the visual appeal of a garment or accessory can be as critical to a product's success as its functionality. The United States Patent and Trademark Office defines a design patent as protection for the visual ornamental characteristics embodied in, or applied to, an article of manufacture. This protection can cover the article's configuration, shape, or the surface ornamentation applied to it—or a combination of these elements. As fashion evolves to blend aesthetics with utility, design patents have surged in popularity for safeguarding innovative designs. Although securing a design patent is among the more costly strategies for protecting a designer's work, the investment can be invaluable in maintaining a design's exclusivity and competitiveness in the market.
Case Study: Lululemon Athletica Canada v. Calvin Klein, Inc.
A notable example of design patent application in the fashion industry involves the legal dispute between Lululemon Athletica Canada and Calvin Klein, Inc. Central to the case were design patents covering the distinctive elastic waistband of Lululemon' s widely popular Astro Pant. Lululemon accused Calvin Klein of infringing these patents by replicating the design. Given the rarity of patent litigation within the fashion sector, this case had the potential to set a precedent for future design patent claims in the industry. Ultimately, the dispute was settled out of court, with the specifics of the agreement remaining confidential, highlighting the complexities and private nature of patent disputes in fashion.
DESIGN PATENT USEFUL SOURCES
For those interested in exploring the specifics of the Lululemon complaint and the
broader implications of design patents in fashion, the following resources offer valuable insights:
Additional analysis on the Lululemon case: