Legal News

Does DVF Deserve Copyright Protection for Her Duds?

By Peter Lattman

Fine New York Times’s Styles section, if you’re going to write about the law (here and here), then the Wall Street Journal’s Law Blog will write about fashion! Hah!

Diane von Furstenberg, whose famed wrap dresses look awesome on the Law Blog’s wife, filed a lawsuit yesterday against Target, alleging that the retail chain is selling knockoffs that infringe the copyright of her signature dresses. (By the way, the Law Blog’s wife looks just as good in the knockoffs, and for only a fraction of the price!)

The lawsuit alleges that Furstenberg’s company sent a notice to Target on Friday and the dress was removed from the retailer’s Web site on Wednesday. However, the dress is continuing to be sold at Target retail stores, the complaint says. Target didn’t return a call to the AP.

Last year DVF, as the Law Blog likes to call her, also sued discount chain Forever 21 over the same issue. So did coolster pop singer-cum-clothing designer Gwen Stefani. Perhaps it’s because we come from a family of garmentos, but we love this issue: Can fashion be copyrighted? Fashion designers are pushing for a federal law that would offer three years of copyright-like protection for everything from dresses to shoes to belts to eyeglasses. Though its chances of passing are likely slim, it’s sparked a debate over fashion’s creative process.

Currently, federal trademark law protects against infringement of registered logos, brand names and distinctive patterns. Counterfeiting, of course, is a no-no. But when it comes to the basic cut of a dress or shape of a purse, manufacturers are generally free to copy any style they want. But textile designs can be copyrighted, which is why DVF focuses on the garments’ fabrics. Do you think Diane deserves protection for her duds?

Full post as published by Law Blog - WSJ.com on January 25, 2008 (boomark / email).