B.A.F.F.L.E.D. Fashion Law

Federal Legislation is Back!

It's been a busy week in fashion law.  Protection for fashion designs has been a battle on Capitol Hill for sometime now.  Just yesterday, Senator Schumer filed S. 3523, as the latest attempt to protect what designers hold dear.  

Here are the details:

Filed Monday, September 10, 2012 by Senator Schumer

-Protection for fashion designs are provided for apparel bearing a unique, distinguishable, non-trivial and non-utilitarian variation over prior designs for similar types of articles.  Apparel is to include men's women's, children's clothing, handbags, eyewear, and belts.

-Infringing designs are those deemed to be "substantially identical" to a protected design.  Substantially identical means an article of apparel which is similar in appearance as to be likely too be mistaken for the protected design, and contains only those differences in construction or design which are merely trivial.

-Designs not subject to protection include: designs made public by the designer or owner before the date of enactment of this law, or more than 3 years before the date protection of the design is provided.  

-Designs will be protected for a term of 3 years. 

-If an owner spots infringement: The owner of the design shall provide written notice of the design protection to any person they reasonable believe has violated or will violate their protection.  

-Infringers will only be liable for damages and profits accrued after the date the action for infringement begins.  

Infringing article is any article the design of which has been copied from a design protected under the IDPA or from an image thereof, without the consent of the owner of the protected design.  An infringing article is not an illustration or picture of a protected design in a advertisement, book, periodical, newspaper, photo, broadcast, movie or similar medium.

Home sewn articles for personal use and not for sale of trade are not considered infringing articles.  

-Protection begins: when the design is made public and the 21-day period for review has run.  Penalties for infringement will range from $5,000 - $10,000

The Senate will mark this one up on Thursday.  Stay tuned!

*Tuesday Tops will return next week