Under present United States intellectual property law, clothing design is not protected by federal copyright, trademark/trade dress, or patent law. In fact, design piracy is sanctioned, if not encouraged. This article analyzes current intellectual property law and its failure to afford protection for clothing design. The author proposes that the doctrine of the right of publicity or personality could be applied to haute couture.
Samantha L. Hetherington,
Fashion Runways Are No Longer the Public Domain: Applying the Common Law Right of Publicity to Haute Couture Fashion Design,
24 Hastings Comm. & Ent.L.J. 43
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol24/iss1/2