To understand more about copyright law in fashion, I reached out to Michelle Mancino Marsh, a partner at the law firm ArentFox Schiff. Marsh said that, unfortunately, this kind of thing is far from rare. “Sadly, this is a very common and frustrating occurrence for brands. Brands can and should seek legal advice early on in the design process to maximize their legal power and protect their designs from bad actors.”
“One of the cheapest and most effective types of intellectual property to obtain is copyright protection for original works, which can include clothing, footwear, and jewelry designs. In short, proactivity is power, and designers should get their designs evaluated for legal protection as early as possible.”
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