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- Title
KNOCK IT OFF, FOREVER 21! THE FASHION INDUSTRY'S BATTLE AGAINST DESIGN PIRACY.
- Authors
Tan, Irene
- Abstract
The article examines the struggle of the fashion industry against design piracy in the U.S. It encourages Congress to enact the Design Piracy Prohibition Act (DPPA) to address the piracy issue. The limited intellectual property protection provided to fashion designs under the Copyright Act, patent law and Lanham Trademark Protection Act is explored. It details the trade dress infringement case Trovata Inc. v. Forever 21 Inc. filed with the Central District of California on October 15, 2008, which demonstrates the difficulty for a fashion designer to succeed on a trade dress claim. In the author's opinion, it is impracticable to use trade dress as a defense against design piracy.
- Subjects
UNITED States; FASHION; PIRACY (Copyright); FASHION design laws; INTELLECTUAL property; TROVATA Inc.; FOREVER 21 Inc.; LEGAL status of fashion designers; ACTIONS &; defenses (Law)
- Publication
Journal of Law & Policy, 2010, Vol 18, Issue 2, p893
- ISSN
1074-0635
- Publication type
Article