Textile and Apparel Industries

Fashion Law: Intellectual Property Cases in the U.S. Apparel Industry

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Abstract

Intellectual property (IP) is the creation of creative and unique works that can be legally protected through trademarks, copyrights, and patents. Within the fashion industry, protecting IP has become a gray area due to the challenges that come with protecting such work. Therefore, the purpose of this study is to identify notable patterns in the types of IP infringement cases within the fashion industry and assess the effectiveness of IP protections. A content analysis was conducted using the Westlaw legal database on 50 of the most recent federal cases. There was a total of 56 infringements identified, trademarks being the most common form of IP infringement, followed by copyright infringements. However, more than half of the cases at the time of review were still ongoing, but 16 cases were dismissed. Based on these findings, there is a need to develop a standardized form of protection for IP within fashion works. 

Keywords: intellectual property, fashion law, infringement

How to Cite:

Tellez, D. C. & Ma, Y., (2025) “Fashion Law: Intellectual Property Cases in the U.S. Apparel Industry”, International Textile and Apparel Association Annual Conference Proceedings 82(1). doi: https://doi.org/10.31274/itaa.22038