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As we approach another round of fashion weeks (New York Fashion Week currently in full swing; San Diego Fashion Week - Sept. 28-Oct. 5; Los Angeles Fashion Week - October 10-17), I have been asked by a couple of new fashion clients to tell them what they can do to protect themselves legally from knock off designers. Unfortunately, this is not an area where the law provides solid protection so in the fashion world it is really more of how you can best protect yourself using the bodies of law available.

Not to bore anyone.. but basically there was a big push to protect the fashion industry a few years back but that bill died in Congress so now we are left with using what we have, Copyright Law, Trademark Law, and Contract Law.

Copyright Law is the protection of creative works. Unfortunately this does not extend to clothing (which is what the previously mentioned bill was going to do) so this body of law is limited to protecting the pictorial designs that a piece of clothing might have embedded in, or drawn onto, the fabric.

Trademark Law also does not provide general protection for designs but it could be used to protect the shape of a fabric design if that shape represents the clothing line. A trademark could protect you against a knock-off that confuses or misleads consumers or creates a substantial likelihood of such confusion (this was the basis for the Gwen Stefani v. Forever 21 trademark infringement case).

Finally, there is Contract Law that could protect you have someone sign a non-disclosure/confidentiality agreement, show them your designs and then they steal the pants (excuse the pun) off your idea.

In short, there is no specific law that protects the overall design of the clothing but if you have a creative lawyer then he or she should be able to come up with something.