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A Sui Generis System Of Protection For Exceptionally Original Fashion Designs
A Sui Generis System Of Protection For Exceptionally Original Fashion Designs
Loyola of Los Angeles Entertainment Law Review
Despite the robust nature of the fashion industry, which has been largely unprotected by copyright, there is a clamor among certain sectors for stronger protection for fashion designs and the apparel manufactured from these designs. This article acknowledges that full-dress copyright protection is unnecessary, impracticable, and harmful; however, it proposes a middle-ground: a sui generis system of protection that only protects fashion designs and pieces of apparel that are exceptionally original, and does so only against other articles that are substantially identical.
This article provides a standard (“exceptionally original”) that will protect a fashion design only if it meets certain …