Part I of this Comment explores the nature and scope of design piracy in the fashion industry. It also discusses the impact of modem technology on pirates and their victims. Part II reviews the existing intellectual property legal framework, emphasizing copyright law and its application to clothing design. Part III discusses the exclusion of clothing design from copyright protection and reviews cases that have addressed that issue. Finally, Part IV suggests ways that designers might obtain greater protection. The alternatives explored are (1) the proper application of existing law to find separable protectable design elements, and (2) congressional action to include clothing designs in the works protected by the Copyright Act.
Peter K. Schalestock, Forms of Redress for Design Piracy: How Victims Can Use Existing Copyright Law, 21 SEATTLE U. L. REV. 113 (1997).