New IP Protection For Fashion Industry

When it comes to intellectual property protection, U.S. fashion houses are at some disadvantage in relation to their European counterparts, writes Ballard Spahr attorney Kimberly A. Washshawsk. In deciding Star Athletica, LLC v.Varsity Brands, Inc. earlier this year, the Supreme Court made copyright protection for certain elements of clothing a more reliable tool for an industry in which intellectual property protection has traditionally been problematic. This decision, Warshawsky says, “dramatically simplified and expanded the world of fashion and copyrights.”