Showing 2 posts from March 2015.
United States fashion designers must face the reality that the overall appearance of their garments and accessories can and will be copied. The absence of statutory protection from design piracy is particularly problematic where advancements in digital technology facilitate copying. Are you prepared to move quickly to your next vision, anticipating the last will be copied? Will you instead create a garment or accessory that is impossible to copy at a price point enticing to a design pirate? An alternative to such “self-help” is to find a way to protect your design work, to the greatest extent possible, by adopting existing intellectual property laws.
Fosterfashion will explore the use of existing trademark law by fledging designers in a post later this spring. The IP Section of the State Bar of Michigan recently invited me to comment on the use of trade dress claims to protect fashion design. As I concluded in the recent edition of IPLS Proceedings, trade dress claims can be a very good fit for an established designer.
Foster Swift Attorney John Mashni is a member of the firm’s Fosterfashion team. Some of The Runway’s designers have had an opportunity to meet John and appreciate his expertise and advice in selecting and forming an entity. I know that John speaks from personal experience, as an entrepreneur, when he advises fashion start-ups. However, I did not know until I read the article below that he, unfortunately, also draws on personal experience when addressing the topic of identity theft.
If you have yet to file your tax return, please take a look at John’s article in our firm’s recent Business & Corporate Law newsletter. As John advises, filing your tax return early will increase your odds of avoiding identity theft.