Hastings Business Law Journal


H. Shayne Adler


Historically, the fashion industry has followed a clear trickle-down business model, relying on the free flow of creative ideas from high fashion and couture houses to more affordable, mass-produced clothing lines that interpret these concepts. However, recent technological developments have altered the structure and modus operandi of this multi-billion dollar sector of the economy, resulting in a rise in production imitation and knockoff items. This Note analyzes the effects of such a shift in the industry paradigm, both positive and negative, for both designers and consumers. In addition, this Note examines the potential impact of the proposed legislation known as the Design Piracy Prohibition Act, which aims to grant copyright protection to fashion designs, curbing the practice of direct imitation that is so prevalent in the modern fashion industry.