Fashion design is a revolutionary walking art form, becoming increasingly accessible to consumers. The increase in accessibility is, in part, due to the presence of technology and social media platforms. While this allows the consumer to have access to a designer’s goods at unprecedented levels, this has led to an increase in claims of copyright infringement against large fashion corporations. This comment discusses how local-based fashion designers have lodged complaints against large fashion corporations of stealing their designs. Additionally, this comment discusses a recent United States Supreme Court case Star Athletica, L.L.C., v. Varsity Brands, Inc., and the implications of its recent opinion. In order to address the inadequacies of protection afforded to fashion designers, and specifically local-based fashion designers, this comment proposed the following solutions: (1) promotion of a licensing scheme, that requires large corporations to pay for the materials taken; and (2) promotion of a fashion design collaboration.
Elise Ruff, If the Shoe Fits: The Effects of a Uniform Copyright Design Test on Local Fashion Designers, 17 J. Marshall Rev. Intell. Prop. L. 262 (2017)