his essay by Christine Magdo is a detailed analysis of the happenings in the case of fashion protection. She describes the dilemma faced by fashion designers- their runway designs are imitated by knock-off artists, manufactured cheaply, and then sold at lower prices. This system of imitation has been made easier over the years with advancements made in the field of digital technologies. Magdo discusses that it has been customary for a long time, for American fashion designers to imitate European designers. Originally American designers did not copy each other due to an organization known as the Fashion Originators Guild of America which registered designs and was influential in persuading retailers not to sell knock- offs. However in 1941 the Supreme Court said that the guild was against free trade and this way free copying of dresses became popular. Magdo goes onto describe copyright, trademark and trade dress vis-a vis fashion design.

She says that under current U.S. copyright law, fashion designs are not protected as they are ‘useful articles’, however explains that copyright only protects those aspects of the useful article that are ‘separate’ and ‘independent of the utilitarian function of the article’. She explains that fashion designers seeking protection basically have to convince a judge that their item is either not just an item of function and that it’s design element can be separated. Judges verdicts differ and they depend on which circuit he or she sits on. One of Magdo’s main concerns is that it is very hard to determine who copied whom for not only do lower-priced designers knock-off higher priced ones, but even high designers knock off other high priced designers. She states an example where Polo Ralph Lauren was sued by Yves Saint Laurent for copying their tuxedo dress. A few years before that Yves Saint Laurent was fined for copying a jacket by designer Jacques Esterel.

This source is useful to my topic as it tries to remain neutral. It also brings up an interesting aspect of how copying and imitation is not always vertical. I will use the facts it states to argue my point and will further my paper by referring to some of the issue Magdo uses.