Protecting Fashion Product Designs Under the Lanham Act

, New York Law Journal


Darren W. Saunders, a partner at Manatt, Phelps & Phillips, and Alpa V. Patel, an associate with the firm, write that in the absence of fashion-specific legislation, fashion companies have turned to trademark/trade dress law. However, unlike copyright and design patent laws intended to reward artistic achievement and originality, trademark law is intended to prevent consumer confusion. As a result, proof of a trademark violation can be far more burdensome.

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