Current Intellectual Property Regimes in the U.S. Fail to Protect Fashion Designs

Abstract

When analyzing the intellectual property protections for designers in the fashion industry it is imperative to consider the nature of the fashion industry. The nature of the fashion industry consists of “emerging trends, with limited time and opportunity to maximize profits from these trends.” “Fast fashion” often occurs when trends are developed at various fashion weeks around the world and fashion industry members rush “fashion styles and fashion articles to production [to] reach consumers through mass-market retailers.” Before designers are able to distribute original copies of their designs, “exact runway design copies” can appear for sale. The fast fashion industry allows for “designs inspired by ‘high-cost luxury fashion trends’ to be provided to the consumer at affordable prices. The rapid emergence of fashion trends, disincentives large fashion retailers to develop new designs. Instead, large fashion retailers such as H&M, Forever 21, and Zara steal designs of independent designers, copy and replicate their designs, and mass produce strikingly similar fashion articles [2-3].