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Download or read book The worst trend in America: the lack of copyright protection for fashion designs written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alexandra Mackey
Publisher :
ISBN 13 :
Total Pages : 29 pages
Book Rating : 4.:/5 (13 download)
Download or read book Made in America written by Alexandra Mackey and published by . This book was released on 2018 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fashion industry is a global industry, generating $1.2 trillion in revenue. Consequently, the question of whether-and to what extent fashion designers can protect their works under the intellectual property laws of their country is hotly debated In Asia, the answer to this question varies from country to country. In India, for instance, fashion designers can protect their creations under the Indian Copyright Act of 1957 and the Designs Act of 2000. In China, conversely, copyright protection is extremely limited under the recently amended Copyright Law of 2001. The United States presently affords very limited copyright protection to fashion designs under the Copyright Act because designs must pass a stringent "separability" test to distinguish elements that can be copyrighted from elements that are utilitarian in their function. Protection available to fashion designers' original creations in the United States is more akin to the protections available in China than those in India. This Comment argues that, to attract new talent and to keep its fashion industry booming, the United States should strengthen its protection for designers' original works.
Author : Clare Keonha Shin
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (14 download)
Download or read book The Future of Fashion Law in America written by Clare Keonha Shin and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay will explore the future of U.S. intellectual property laws for the fashion industry in five major segments. First, in order to envision the future, the first chapter will look at the past and current issues of what intellectual property laws offer fashion designs and designers in the U.S. Then, in an attempt to have an insight into the benefits and weaknesses of the current U.S. laws in this field, the second chapter will look at the problems with trademark by looking at the Louis Vuitton Malletier v. My Other Bag decision. The third chapter will look at the transition of unsuccessful copyright cases in the fashion industry in the past to the momentous decision made by the U.S. Supreme Court in Star Athletica v. Varsity Sports. The following chapter will weigh the arguments for and against stronger copyright enforcement for fashion articles, and how trademark will be impacted by such enforcement or lack of enforcement. These chapters will not only look at the impact of enforcing copyrights for designers and brands, but also for consumers and the fashion industry as a whole. Finally, taking the previous chapter in consideration, the last chapter will attempt to conceive a policy that would be the most beneficial to both the producers and consumers in the fashion industry.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Publisher :
ISBN 13 :
Total Pages : 228 pages
Book Rating : 4.F/5 ( download)
Download or read book A Bill to Provide Protection for Fashion Design written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2006 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tedmond Wong
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book To Copy Or Not to Copy, That is the Question written by Tedmond Wong and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fashion designers in the United States, unlike those in many foreign jurisdictions, enjoy only limited intellectual property protection for their creative endeavors. The American patent, copyright, and trademark systems each present obstacles to obtaining protection for fashion designs. Copyright and trademark law protect certain elements of fashion designs, such as unique fabrics and logos, but the protections do not extend to the general shape and appearance of a fashion design. Moreover, copyright and trademark law do not grant protection to products and features that serve a utilitarian purpose. On the other hand, patent law presents difficult statutory barriers; a design must be novel and nonobvious, and can only gain protection after a lengthy litigation process. The result is a gap in intellectual property protection that leaves fashion designers vulnerable to a stitch-by-stitch, seam-by-seam replication of the designs they labor to create. While the duplication of fashion designs is not a new phenomenon, the practice has recently received increased attention due to high-profile lawsuits by famous designers including Anna Sui and Diane von Furstenberg against low-end, mass retailers such as Forever 21. The defendants in these cases are known as “fast-fashion” firms for their ability to replicate original designs at alarming speed, on a large scale, and at low cost. Many fashion designers disapprove, claiming that fast-fashion firms' capabilities of quickly copying original designs and bringing those copies to market deprive original designers of profits and stifle design firm creativity. The fashion industry, represented by the industry group Council of Fashion Designers of America (CFDA), has sought Congress's assistance to rectify the longstanding dearth of intellectual property protection for fashion designs. The Senate introduced a proposal to amend the copyright statute known as the Innovative Design Protection and Piracy Prevention Act (IDPPPA) last session, and the House of Representatives recently introduced the same proposal. In this comment, I address the normative question of the optimal scope of intellectual property protection for fashion designs through game theory's unique perspective of law and economics. I do so by developing a game theoretic model that evaluates the impact of greater legal protection on the incentives of fashion designers to bring lawsuits to protect their designs and of fast-fashion firms to make replicas of these designs. Analyzing the incentives at play will allow me to predict whether the IDPPPA in its current form will deter fast-fashion firms from replicating designs, encourage innovation, and maximize welfare in the fashion industry. Part I of this comment offers a detailed overview of the current state of intellectual property protection for fashion designs in the United States and compares U.S. protection with the legal regimes of foreign jurisdictions. Part II discusses the recent developments in the fashion industry that have triggered an outcry against copying and summarizes the scholarly views on the normative question of which legal regime, if any, should exist for the protection of fashion designs. Part III provides background on the law and economics approach to intellectual property protection and explains the relevance of game theory, a law and economics tool, to the analysis of copying fashion designs. Part IV lays out the assumptions and the structure of a game theoretic model and applies this model to different legal regimes aimed at protecting fashion designs. Finally, Part V examines the findings of the game theory analysis in Part IV, evaluates the efficacy of the Innovative Design Protection and Piracy Prevention Act as a policy choice, and introduces possible alternatives.
Author : C. Scott Hemphill
Publisher :
ISBN 13 :
Total Pages : 21 pages
Book Rating : 4.:/5 (13 download)
Download or read book The Fashion Originators' Guild of America written by C. Scott Hemphill and published by . This book was released on 2016 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of intellectual property for original fashion design has attracted enormous public attention in recent years. As we show in this chapter, the question has a storied past. In the 1930s, as American fashion was coming into its own as a cultural force, designers worried about knockoffs. Then, as now, they lacked intellectual property protection for original fashion designs, and sought legislative protection. But they also pursued a regulatory solution, as part of New Deal responses to the Great Depression. They ultimately settled on an effective but controversial solution: a set of self-help measures targeting both copyists and retailers willing to merchandise knockoffs.The resulting boycott, devised by the Fashion Originators' Guild of America (“Guild”), was a massive private IP scheme. At its height, a staggering 4000 new designs were protected each month. The designers' organized efforts at self-help to create design protection eventually gave rise to antitrust lawsuits in federal and state courts, culminating in a pair of 1941 Supreme Court cases.This chapter tells the story of the Depression-era fashion designers, and the solutions they pursued to remedy the lack of intellectual property protection for their work. It describes the Guild's formation and activities within the social, economic, and legal context of the Depression, and the fatal government scrutiny that eventually led to the Guild's demise. Finally, it suggests some lessons as to both means and ends drawn from this story about fashion design protection: about self-help as a private solution to a public lack on the one hand, and about intellectual property protection for design on the other.
Author : Brian T. Yeh
Publisher :
ISBN 13 :
Total Pages : 10 pages
Book Rating : 4.:/5 (761 download)
Download or read book Copyright Protection for Fashion Design written by Brian T. Yeh and published by . This book was released on 2011 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fashion design does not currently receive explicit protection under U.S. copyright law. Limited avenues for protection of certain types of apparel designs can be found through trademark and patent law, though proponents of copyright protection for fashion design argue that these limited means are insufficient. The 111th Congress did not pass legislation that would have provided a three-year term of copyright protection for fashion designs, the Design Piracy Prohibition Act (H.R. 2196) and the Innovative Design Protection and Piracy Prevention Act (S. 3728). This report analyzes these two legislative proposals. The 112th Congress may consider similar legislation regarding fashion design protection.
Author : Kal Raustiala (jurist.)
Publisher : Oxford University Press
ISBN 13 : 0195399781
Total Pages : 281 pages
Book Rating : 4.1/5 (953 download)
Download or read book The Knockoff Economy written by Kal Raustiala (jurist.) and published by Oxford University Press. This book was released on 2012-12-13 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Driven by a counterintuitive thesis that has been highlighted in both The New Yorker and The New York Times¸ The Knockoff Economy is an engrossing and highly entertaining tour through the economic sectors where piracy both rules and invigorates.
Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 928051265X
Total Pages : 24 pages
Book Rating : 4.2/5 (85 download)
Download or read book Understanding Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2006 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This booklet is intended to provide an introduction for non-specialists or new-comers to the subject of copyright and related rights. It explains in layman's terms the fundamentals underpinning copyright law and practice. It describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. And finally it briefly covers transfer of copyright and provisions for enforcement.
Author : Tom Eisenmann
Publisher : Currency
ISBN 13 : 0593137027
Total Pages : 370 pages
Book Rating : 4.5/5 (931 download)
Download or read book Why Startups Fail written by Tom Eisenmann and published by Currency. This book was released on 2021-03-30 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you want your startup to succeed, you need to understand why startups fail. “Whether you’re a first-time founder or looking to bring innovation into a corporate environment, Why Startups Fail is essential reading.”—Eric Ries, founder and CEO, LTSE, and New York Times bestselling author of The Lean Startup and The Startup Way Why do startups fail? That question caught Harvard Business School professor Tom Eisenmann by surprise when he realized he couldn’t answer it. So he launched a multiyear research project to find out. In Why Startups Fail, Eisenmann reveals his findings: six distinct patterns that account for the vast majority of startup failures. • Bad Bedfellows. Startup success is thought to rest largely on the founder’s talents and instincts. But the wrong team, investors, or partners can sink a venture just as quickly. • False Starts. In following the oft-cited advice to “fail fast” and to “launch before you’re ready,” founders risk wasting time and capital on the wrong solutions. • False Promises. Success with early adopters can be misleading and give founders unwarranted confidence to expand. • Speed Traps. Despite the pressure to “get big fast,” hypergrowth can spell disaster for even the most promising ventures. • Help Wanted. Rapidly scaling startups need lots of capital and talent, but they can make mistakes that leave them suddenly in short supply of both. • Cascading Miracles. Silicon Valley exhorts entrepreneurs to dream big. But the bigger the vision, the more things that can go wrong. Drawing on fascinating stories of ventures that failed to fulfill their early promise—from a home-furnishings retailer to a concierge dog-walking service, from a dating app to the inventor of a sophisticated social robot, from a fashion brand to a startup deploying a vast network of charging stations for electric vehicles—Eisenmann offers frameworks for detecting when a venture is vulnerable to these patterns, along with a wealth of strategies and tactics for avoiding them. A must-read for founders at any stage of their entrepreneurial journey, Why Startups Fail is not merely a guide to preventing failure but also a roadmap charting the path to startup success.
Author : Nikolay Anguelov
Publisher : CRC Press
ISBN 13 : 1040084680
Total Pages : 144 pages
Book Rating : 4.0/5 (4 download)
Download or read book The Dirty Side of the Garment Industry written by Nikolay Anguelov and published by CRC Press. This book was released on 2015-09-04 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: When thinking about lowering or changing consumption to lower carbon footprints, the obvious offenders come easily to mind: petroleum and petroleum products, paper and plastic, even food. But not clothes. Although the clothing industry is the second largest polluter after agriculture, most consumers do not think of clothes as a source of environmen
Author : Rochelle Cooper Dreyfuss
Publisher : Oxford University Press
ISBN 13 : 0198758456
Total Pages : 1025 pages
Book Rating : 4.1/5 (987 download)
Download or read book The Oxford Handbook of Intellectual Property Law written by Rochelle Cooper Dreyfuss and published by Oxford University Press. This book was released on 2018 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
Author : Tom W. Bell
Publisher : Mercatus Center at George Mason University
ISBN 13 : 0989219380
Total Pages : 238 pages
Book Rating : 4.9/5 (892 download)
Download or read book Intellectual Privilege written by Tom W. Bell and published by Mercatus Center at George Mason University. This book was released on 2014-04-14 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.
Author : Guillermo C. Jimenez
Publisher : A&C Black
ISBN 13 : 1609018958
Total Pages : 417 pages
Book Rating : 4.6/5 (9 download)
Download or read book Fashion Law written by Guillermo C. Jimenez and published by A&C Black. This book was released on 2014-03-13 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In todays' highly competitive global market, fashion designers, entrepreneurs and executives need state, federal, and international laws to protect their intellectual property-their brands and the products by which their customers recognize them. Fashion Law provides a concise and practical guide to the full range of legal issues faced by a fashion company as it grows from infancy to international stature. Updated to reflect recent legal decisions and regulatory developments, this revised edition covers such a vital issues as intellectual property protection and litigation, licensing, anti-counterfeiting, start-ups and finance, commercial transactions, retail property leasing, employment regulations, advertising and marketing, celebrity endorsements, international trade. Features of the text help to make legal concepts accessible to the lay reader. More than 25 leading attorneys practicing in the emerging legal specialty of fashion law contributed the chapters for this authoritative text, and their expertise provides a foundation for fashion professionals and their legal advisors to work together effectively. New to this Edition~Expanded section on Intellectual Property protection, including an all new Chapter 6 on Litigation~All new Chapter 10 on Fashion Finance Features~Box Features provide real-life examples that demonstrate the role that law plays in the fashion business, including landmark court cases and current events~Practice Tips discuss legal issues that should be considered as fashion designers and executives establish procedures for conducting their business~Sample Clauses familiarize readers with the legal language that covers the rights and responsibilities of the parties to agreements. Instructor's Guide and PowerPoint presentations available.
Author : Kim Golombisky
Publisher : CRC Press
ISBN 13 : 1351668765
Total Pages : 612 pages
Book Rating : 4.3/5 (516 download)
Download or read book White Space Is Not Your Enemy written by Kim Golombisky and published by CRC Press. This book was released on 2017-02-17 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: White Space Is Not Your Enemy is a practical graphic design and layout guide that introduces concepts and practices necessary for producing effective visual communication across a variety of formats—from web to print. Sections on Gestalt theory, color theory, and WET layout are expanded to offer more in-depth content on those topics. This new edition features new covering current trends in web design—Mobile-first, UI/UX design, and web typography—and how they affect a designer’s approach to a project. The entire book will receive an update using new examples and images that show a more diverse set of graphics that go beyond print and web and focus on tablet, mobile and advertising designs.
Author : Jessica Litman
Publisher : Prometheus Books
ISBN 13 : 161592051X
Total Pages : 216 pages
Book Rating : 4.6/5 (159 download)
Download or read book Digital Copyright written by Jessica Litman and published by Prometheus Books. This book was released on with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Author : Andrew Brooks
Publisher : Zed Books Ltd.
ISBN 13 : 1783600691
Total Pages : 224 pages
Book Rating : 4.7/5 (836 download)
Download or read book Clothing Poverty written by Andrew Brooks and published by Zed Books Ltd.. This book was released on 2015-02-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘An interesting and important account.’ Daily Telegraph Have you ever stopped and wondered where your jeans came from? Who made them and where? Ever wondered where they end up after you donate them for recycling? Following a pair of jeans, Clothing Poverty takes the reader on a vivid around-the-world tour to reveal how clothes are manufactured and retailed, bringing to light how fast fashion and clothing recycling are interconnected. Andrew Brooks shows how recycled clothes are traded across continents, uncovers how retailers and international charities are embroiled in commodity chains which perpetuate poverty, and exposes the hidden trade networks which transect the globe. Stitching together rich narratives, from Mozambican markets, Nigerian smugglers and Chinese factories to London’s vintage clothing scene, TOMS shoes and Vivienne Westwood’s ethical fashion lines, Brooks uncovers the many hidden sides of fashion.
