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On the Commons
A recent item of interest, from On the Commons (the blog by David Bollier of Public Knowledge):
Is the fashion commons at risk?
Unlike the film and music industries, fashion has thrived by shunning strong property rights for its creative output. No one can 'own' the herringbone jacket or the 'little black dress.' Upstart entrepreneurs can make exact copies of gowns worn on the red carpet, and no one cries 'piracy' and sues. But now there are signs that the open fashion commons is coming under siege. The Financial Times of London reports that brand-name fashion houses are increasingly suing the discount imitators of high-end clothes for copyright infringement...
Posted by carrie on 08/25/2005 | Permalink
Comments
I'm surprised that it has taken this long. In the Wal-Mart v. Samara Bros. case limiting the use of trademark protection for a designer's patterns, most of the damages won at trial were for copyright infringement (which was not on appeal at the Supreme Court), not trademark violations.
Posted by: Charles | Aug 25, 2005 3:23:51 PM
