Re: Trademark Question - Fashion Design Problem
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Posted by M. Arthur Auslander on April 03, 1999 at 07:54:36:
In Reply to: Trademark Question - Fashion Design Problem posted by Elaine McGrath on April 02, 1999 at 18:28:49:
:
: I'm a student doing a business law course.
: We've got a case study to do and one part
: involves the stealing of fashion designs
: between designers - we're unsure whether
: to try to frame our response in terms of
: copyright or trademark. We'd love some
: advice. : Thanks,
: Elaine
The professor has pulled a fast one on you. Fashion designs can only be protected by design patent. That is usually to slow for the Fashion market. The trademark will only protect to designer's name not the style. Style variation may not be covered by a design patent. Fabric patterns can be copyrighted but not the garment. The law of unfair competition will protect against others stealing before the style has been shown publicly. This looks more like a law school question than a business law problem.
M. Arthur Auslander
ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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