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Who’S Afraid Of Forever 21?: Combating Copycatting Through Extralegal Enforcement Of Moral Rights In Fashion Designs, Irina Oberman Khagi
Who’S Afraid Of Forever 21?: Combating Copycatting Through Extralegal Enforcement Of Moral Rights In Fashion Designs, Irina Oberman Khagi
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article examines the often underexplored theory of personality rights, or moral rights, as a justification for protection of intellectual property in the context of protection of fashion designs. Traditional forms of intellectual property protection have thus far proven inadequate to protect the overall design of an article of clothing or accessory; rather, most are only sufficient to protect portions of the design. Advocates for strengthened intellectual property rights regimes traditionally invoke utilitarian rights, or the need to provide an incentive for continued generation of new ideas. But these utilitarian theories appear to be less relevant in the fashion world, …
The Need For "Supreme" Clarity: Clothing, Copyright, And Conceptual Separability, Jacqueline Lefebvre
The Need For "Supreme" Clarity: Clothing, Copyright, And Conceptual Separability, Jacqueline Lefebvre
Fordham Intellectual Property, Media and Entertainment Law Journal
For the first time in history, the U.S. Supreme Court will address copyright protection in the context of apparel in the case Star Athletica, LLC v. Varsity Brands, Inc. This case tackles arguably the most vexing, unresolved question in copyright law: How to determine whether artistic features of a useful article—such as a garment or piece of furniture—are conceptually separable from the article and thus protectable. Indeed, this case comes more than sixty years after Mazer v. Stein, the Supreme Court’s first and,until this date, only decision in this area. A lack of clear guidance from the Supreme Court and …