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Cleaning Out The Closet: A Proposal To Eliminate The Aesthetic Functionality Doctrine In The Fashion Industry, Jessie A. Maihos
Cleaning Out The Closet: A Proposal To Eliminate The Aesthetic Functionality Doctrine In The Fashion Industry, Jessie A. Maihos
Pace Intellectual Property, Sports & Entertainment Law Forum
The aesthetic functionality doctrine seeks to promote competition, but is ineffective in the fashion industry because there is not one design that will be the most aesthetically appealing to everyone, as there is in other industries. This Article examines the various problems with the aesthetic functionality doctrine, and will argue that this doctrine, while relevant in other industries, should be eliminated from fashion.