An example of copyrightability in fashion could be a unique and original textile design used in a clothing collection.
Let's say a fashion designer creates a captivating floral print that incorporates intricate details and a distinct color palette.
This textile design reflects the designer's creativity and originality..
The copyright law covers creative elements of fashion designs, such as print patterns.
Trademark law protects items with visibly displayed protected logos.
Intellectual property laws protect "trade dress", which is an appearance of a product which uniquely identifies its source to the level of a trademark..
You can protect your Clothing Brand by filing a trademark application with the United States Patent and Trademark Office (USPTO).
Trademark registration comes with exclusive legal protections for your brand, including your brand name, logo, and catchphrase..
Designers have trademark protection, but no copyright protection and no patent protection to speak of.
All they have, really, is trademark protection, and so it means that anybody could copy any garment on any person and sell it as their own design.
The only thing you can not do is copy brand logos and trademarks..
The U.S.
Supreme Court also addressed this issue in Star Athletica v.
Varsity Brands, stating that “two-dimensional designs appearing on the surface of [clothing]” including “combinations, positionings, and arrangements” of shapes, colors, lines, etc. are protectable by copyright.”Feb 10, 2022.
The U.S.
Supreme Court also addressed this issue in Star Athletica v.
Varsity Brands, stating that “two-dimensional designs appearing on the surface of [clothing]” including:
For such protections to apply, copyright law only requires that the designs on the surface of fashion items (like the designs contained on the surface of any other medium) demonstrate a very minimal amount of creativity.
The U.S.
Supreme Court also addressed this issue in Star Athletica v.
According to the Court, while copyright law may not protect the general notion of “style” it does protect design elements which:
Namely, a clothing design is protected under copyright law if it can be imagined as a two-dimensional work appearing independently from the clothing item as a pictorial or sculptural work that itself would qualify for copyright protection.
