Document Type

Article

Publication Date

Spring 2020

Abstract

This article provides a historical and comparative analysis of international intellectual property law as applied to the fashion industry. Tracing the development of trademark law from its common law origins in unfair competition to its modern statutory embodiment in the Lanham Act, the article examines the central role of branding in fashion’s economic and cultural influence. It further analyzes the evolution of copyright protection and its uneasy fit within a design-driven industry historically characterized as manufacturing rather than creative production. The article situates U.S. intellectual property doctrine within the broader framework of international treaties and institutions, including the Paris Convention, the Berne Convention, the TRIPS Agreement, and the Madrid Protocol, administered through WIPO and the WTO. By comparing domestic and international approaches, the article argues that while existing trademark and copyright regimes provide partial protection, doctrinal adjustments are necessary to better accommodate fashion’s rapidly evolving global marketplace without undermining the public domain.

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