Many designers debate the issue of whether or not fashion should be protected by copyright laws. This article compiles a variety of pros and cons on the matter of fashion protection. Although it might seem that there is plenty of evidence to justify the protection of fashion by copyright or trademark laws, this article takes both sides on the issues. Some argue that fashion needs to be protected in order to ensure the growth of the fashion industry as well as new designers. Designers such as Diane Von Furstenberg, Narciso Rodriguez and Zac Posen, along with the Council of Fashion designers of America, all argue that fashion should be included under the copyright act. They all argue that imitation has negatively affected the luxury business and they are asking lawmakers to support a proposed fashion design anti-piracy act. Why should books, music and other creative arts be protected by copyright laws, but not fashion. Half of the article argues that if a bill is passed protecting fashion, then there are going to be some major chances in the retail industry. But there are others, particularly those who have benefited from copying fashion designers, who argue that they are not “copying” others work, but they are simply deriving their ideas from similar works. Protecting designers under copyright laws can lead to further debates as to how to separate a duplicate garment from one simply inspired by someone else’s work or part of a fashion trend. The article mentions a very successful example of a designer who has made millions simply by copying designer dresses and making less expensive versions to sell to the public. A.B.S. by Allan B. Schwartz has created a business of copying designer evening gowns. He argues that “there is no such thing as an original design and all these designers are getting their inspiration from things that were done before.” However, the reason clothing design is not protected under copyright or trademark law in the United States is that it is considered foremost as a utilitarian item, not an artistic expression or scientific invention. This article is imperative to my argument because it gives examples of the negative implications of fashion design protection. Many articles only discuss reasons why fashion should be protected by copyright or other forms of protection, but there are very few which look at it from a different perspective. What will happen to those who have made their living based on copying other people’s designs? Will it affect their business and if so how much will they have to pay to keep their fashion designs? Also, are there clear enough boundaries when considering if something is an exact copy of something else or if it was merely an idea inspired by another fashion design? These are all questions which need to be answered before laws can be created to protect fashion design.