Elizabeth Warner
The United States economy is inundated with emerging businesses replicating high-fashion designs for a fraction of the cost, which benefits consumers but threatens high-fashion exclusivity. Historically, high-fashion designers have sought to protect their unique creations by using intellectual property protections. Despite seeking out these protections, the high-fashion industry has often brought unsuccessful suits against businesses that profit from the duplication and recreation of their designs. The failure of those suits indicates that intellectual property protections in the United States inadequately protect creative and artistic clothing designs. This Article argues that the U.S. Patent and Trademark Office (USPTO) implemented stringent guidelines for design patents that inadequately protect these creative designs. The USPTO should expand those guidelines to better protect high-fashion brands in U.S. courts.