Ladas & Parry advises clients regarding the various forms of protection available for fashion designs and creative content and as international IP experts, we help clients utilize the varying types of available protection around the world. United States Intellectual Property laws are well-known for lacking protection tailored to the fashion industry; however, our vast knowledge of the IP landscape allows us to assess the patchwork of types of available protection to determine where a client already has rights and where they might consider seeking protection. In the United States, for example, copyright for “useful articles” is limited; however United States copyright law is an effective means of protecting fabric designs and other non-functional, artistic expressions, such as jewelry, some product packaging, websites, textiles, and photographs. In contrast, some countries, such as France, are much more generous in affording copyright protection to fashion designs. Trade dress in the United States may protect the aesthetic appearance of product packaging, while design patents and their equivalents abroad are an underutilized tool for protecting original ornamental aspects of fashion products, including shoes, handbags, belts, hats, elements of outerwear, and eyeglass frames. Utility or industrial patents may be used to protect original inventions or processes of a functional nature, such as new types of fabric or new fasteners. Ladas & Parry’s attorneys work with each client to determine where protection may be available and what will best accomplish the goals of the company in a cost-effective manner.
