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Iconic Designs, Icon Status, And Intellectual Property: Discussing Copyright And Fashion And The Ideal Mode Of Protection For Fashion Designs And Patterns, Bianca Lindau
Cornell Law Library Prize for Exemplary Student Research Papers
In the United States, the establishment of copyright protection for fashion designs and patterns has been a struggle that has only partially been successful. Protections available under design patent, trademark, and trade dress law only provide insufficient protection to fashion designs. Since the Star Athletica v. Varsity decision, it is clear that fashion patterns enjoy sufficient protection under copyright law. In the European Union and in Germany, the intellectual property protection capital of Europe, fashion designs enjoy much greater protection than in the United States. This paper uses a comparative approach to discuss the advantages and disadvantages of providing more …