PROTECTING CREATIVITY IN FASHION(EXPLORING PATENTING AND DESIGN PROTECTION)

BY-Nishant Kewalramani

AGENDA

Thinking Beyond Trade marks

Patent Protection

Design Protection

Case Illustrations

IS TRADEMARK PROTECTION ADEQUATE? What is a trademark

Source Identifier Differentiated products

What does it protect- Brand Value Protection against infringement Protection against Dilution

What it does not protect Technical innovations in Fashion Look & Feel- when the product is launched

WALMART V. SAMARA BROTHERSTHINKING BEYOND TRADEMARKS Walmart- creation of knockoffs

Product Packaging

v.

Product Design

Super Star Shoe

Inherently Distinctive?

Acquired Distinctiveness

Whenever no clear answer assume to be design

PATENTS Subject Matter - Inventions

Term - 20 years

Rights – Make Use Sell Offer for sale Import

INVENTIONS

Subject Matter

Usefulness

Novelty

Non-obviousness

Specification

PATENTS

US PATENT 5,005,218 An aperture in a

body of a garment co-acts with a part of the garment to produce a combination of two dimensional image or design appearing on the garment with a three dimensional part of the garment

FASHION ILLUMINATION SYSTEM

MODIFICATION OF ILLUMINATION SYSTEM One or more

concealed light sources positioned so as to illuminate the skin of the wearer as opposed to focusing attention on the light sources themselves.

CROCS V. HOLEY SOLES Crocs Footwear pieces and

manner of manufacture Footwear pieces molded

from lofted material One or more ventilators

in footwear surrounded by liquid conductors capable of channeling liquid spilled on surface of footware pieces away from the foot…

CROCS

HOLEY

DESIGN PROTECTION

Aesthetic appearance of an article

Term 15 years (10+5)

Ornamental features should be novel

NOVELTY & CREATIVITY

ISSUE OF FUNCTIONALITY Ornamental characteristics to be separated

from functional characteristics.

If the design is a direct result of the function then such a design is not protected.

Bell bottoms/boot cuts again

Cloth designs??? Shoe and accessories designs???

Chain Stripe combined with chain formed letters and ball and chain periods

Vertical lines and stippling represent contrasting fabric color relative to the other fabric color.

The dashed lines are understood to represent stitching

TRUE RELIGION DENIM Ornamental Stitch

Pattern applied to pants

Up to $600 a pair!

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