Fashion: the New Legal Battleground?

Introduction

Why does it matter?

What is being sold here? - the design or the trademark?

Hi Christina, Not sure where you plan to go with the paper but I thought you might want to consult this short article I read this summer. It was either in the New Yorker or The Economist. Don't remember... Anyways, the article argues that copies are actually good for the fashion industry because mass reproduction of trends "forces" fashionable women to buy new Fall, Spring, and Resort lines. They argue that fashionable women don't want to wear, say leggings or florals, once everyone begins to wear them. Stores like Forever 21 are good for higher name brands.

Also there was this article last week in the New York Times (i admit i did not finish reading it) last week about how luxury brands are backing away from branding and moving towards more quiet and classic luxury. Something something recession fashion. The move away from logos is not exactly big news but it's still interesting. Muted luxury is an interesting form of conspicious consumption. Only those versed in the codes can read the outfit.

Just some thoughts. Hope this helps even though I don't really know your topic.

Thanks Thalia, I think I may have read those same articles in the New York Times. The first article you mentioned is actually what inspired this forthcoming paper, so you're right on. The webpage crashed when I was trying to edit so I didn't exactly do a good job of laying out my paper. I'll try to edit again later today so you'll actually have some substantive material to comment on. Thanks for your interest and please leave more comments!