The Devil Wears Prado: A Look at the Design Piracy Prohibition Act and the Extension of Copyright Protection to the World of Fashion

Abstract

This Comment will explore the current state of protection for fashion designs and the possible and probable consequences of enacting copyright legislation. Additionally, it will pose the question of whether, in a fashionobsessed world, it is even possible to control an industry that thrives on imitation. Through arguments that support and oppose the resolution, it will become clear that some action is needed, and though it is possible to effectively control the copying of designs, it may not come at a cheap price.

Part II of this Comment will educate on the basics of the fashion business and the creation of fashion designs. Part III will outline the minimal protection currently afforded fashion designs in design patent and trademark. Part IV will discuss the design history pertaining to copyright and why this mode of intellectual property protection is appropriate. Part V will specifically address House Resolution 5055 and its potential effectshighlighting the economic and artistic effects of providing protection. Part VI will consider possible modifications to the bill, and Part VII will conclude the Comment.