Copyright Law Protection for Fashion Designs

Copyright law protects many different types of original works of authorship, such as books, paintings, sculptures and even the source code of computer programs. The core elements of a claim for copyright infringement seem simple enough. The person claiming infringement need prove only two things: ownership of a valid copyright and unauthorized copying of original elements of the work. Yet, the fashion world has never quite embraced the protections available under copyright law (or any other law) for even admittedly original clothing designs. In what is known in the industry as the “piracy paradox,” a considerable number of the industry’s members argue forcefully that “knockoffs” of designs are good because they force manufacturers to create new designs quickly, which satisfies the consumer’s constant demand for the “latest” trends. They also contend that copying allows clothing to be accessible to consumers who cannot afford the high-priced designer label. But an equally forceful voice in the industry rails against the piracy, arguing that the copycats destroy the incentive of manufacturers to invest in creative new designs. They argue that copying is not the only way to bring affordable clothing to consumers.

The arguments have mounted on both sides for many years. In 2009, legislation known as the Design Piracy Prohibition Act (H.R. 2196) was reintroduced in the U.S. Congress, and has galvanized the fashion industry once again in a spirited debate. If enacted, the legislation would broaden the protection for fashion designs. Historically, courts have been reluctant to recognize any sweeping protections because of the functional and utilitarian aspects of clothing designs. Although ultimately a legislative solution may enhance or otherwise change the protections given to clothing designs under the law, some limited protection does exist today under copyright law. In Mon Cheri Bridals, Inc. v. Wen Wu , 2010 WL 2222497 (June 4, 2010), the U.S. Court of Appeals for the Third Circuit recently affirmed a jury verdict of copyright infringement in favor of a manufacturer of social occasion dresses against an importer of “copycat” garments. The manufacturer, Mon Cheri Bridals, paid a leading designer to create original lace and beading designs which appeared on the company’s best-selling dresses. Mon Cheri secured copyright registrations not on the dresses themselves, but on the particular embroidery and beading designs. Mon Cheri argued that the designs were “works of art” conceptually separable from the dresses themselves, and were entitled to protection under copyright law.