Intellectual Property and Fashion Design: Protection and Enforcement
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A recent dispute involving Lululemon and Peloton highlights the use of design patents and trade dress rights to protect fashion articles. Peloton Interactive v. Lululemon Athletica CanadaU.S. District Court, Southern District of New York, No. 21-10071. At issue in the dispute is Peloton’s request for a court order that it does not infringe several Lululemon design patents in sports bras and leggings as well as trade dress in Lululemon’s popular “Align” legging with a banded waist. Also, Peloton seeks a declaration that the design patents and trade dress are invalid. Lululemon refutes these claims and contends that Peloton infringes its rights.
While this is one example of IP protection and enforcement of athletic leisure designs, IP rights in creative fashion works are not limited to these disciplines. A wide range of designs may be eligible for protection under three main IP categories, namely patent, trademark and copyright, and these may be complementary and effective when used together.
First Steps: Investigate Whether Protections Are Available Early in the Design Process
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