Intellectual Property and Fashion Design

Intellectual Property and Information Wealth, Vol. 1, No. 115, 2006

17 Pages Posted: 3 Dec 2008

Date Written: August 23, 2006


"Intellectual Property and Fashion Design" is the first and most general of a series of three short works on the relationship between intellectual property and fashion design. The goal of this book chapter is to outline the history of the issue with particular reference to the status of fashion design protection in the United States. The second piece, a long-term work in progress, focuses on the cultural and historical reasons for the limited degree of intellectual property extended in the past to certain categories of human creativity, including fashion design. The third, "FIT: Fashion as Information Technology," ( turns to the question of why - despite shifting cultural attitudes and other conditions - some tension still exists between creators and consumers of fashion, how information theory can contribute to an explanation for that tension, and what role law can play in its resolution. In addition, I explore these questions in a book forthcoming from Yale University Press and a blog, Counterfeit Chic, available at

NOTE: Please excuse the appearance of the scan. It's a bit easier on the eyes (though not the environment) if printed.

Keywords: intellectual property, fashion, design

Suggested Citation

Scafidi, Susan, Intellectual Property and Fashion Design (August 23, 2006). Intellectual Property and Information Wealth, Vol. 1, No. 115, 2006. Available at SSRN:

Susan Scafidi (Contact Author)

Fordham Law School ( email )

140 West 62nd Street
New York, NY 10023
United States

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