Fashion Design Protection

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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5 Responses

  1. What is this, the fourth time Schumer has tried to push this through? Completely unenforceable, silly, and destined to flood the courts with cases against foreign knock-off houses which will dissolve and re-incorporate under new names at the speed of cellular division.

  2. Mark McKenna says:

    Especially in a Congress that claims not to have time to deal with the START treaty or repeal of DADT.

  3. Smarika says:

    This sounds ridiculous. The very notion of low copyright over clothes designs is ‘cuz of their utilitarian value, and this move will do nothing but create a cartel of big fashion houses. Here’s an interesting talk illustrating the point, http://www.ted.com/talks/johanna_blakley_lessons_from_fashion_s_free_culture.html

  4. KB says:

    As a preface to my comment, I know nothing about this aside from your blog post and this news article:
    http://www.reuters.com/article/idUS413838959220101203

    After reading the news article, I’m really not sure how this is a bad idea. I am really interested in your thoughts. I agree that it should not be pushed through though.

  5. Willton says:

    KB, feel free to read the article linked below. It should prove enlightening.

    http://freakonomics.blogs.nytimes.com/2010/03/12/should-fashion-be-protected-by-copyright-laws-a-guest-post/