The Final Questions & Answers

Christopher Hall

Contract negations and copyrights

Thursday 03-03-2011

Confusion in fashion that deal with design

Me: Would it matter if only a part of the design of the suit was copied or would it have to be the entire product as a whole?

Mr. Prunty: part is plenty Copyright laws, design patens, utility patens. I.e.… color done a specific way or a specific stitch pattern. If you copy anyone of these you may be in danger of being sewed.

Me: If something isn’t done soon about the Chinese disregard for the United States Anti-privacy laws, do you think it is going to even more deeply hurt the economic position of the fashion industry globally?

Mr. Prunty: we have laws that regulate anti-privacy in china its just making sure that these laws are being enforced which isn’t easy at times there is a office in Shanghai.

Me: Can a fabric be trademarked?

Mr. Prunty: no but one fabric may have several copyrights. Color can’t but patterns on the fabric can images fabric may be sold to a company exclusively which will bare their trademark logo.

Me: Would I be at risk of getting sued if I used the same fabric widely associated with a designer but not containing their logo if the trademark isn’t trademarked?

Mr. Prunty: yes because the design itself may be copy written, like a specific striping pattern.

Me: Doesn't intellectual property law protect fashion?

Mr. Prunty: not the industry but the ideas that come from individuals as long as they go about doing the things needed to protect there work.

Me: If counterfeit handbags, sunglasses, DVDs, etc. are illegal, why are they so easy to find online and on the street?

Mr. Prunty: because it’s enforced by customs, companies are responsible for enforcing laws or infringements against there company

Me: How is fashion law different from any other industry or field-specific law? What would, say, a Fashion Law 101 syllabus look like?

Mr. Prunty: not that different form any other it would consist of types of protections, contracts, copyrights prints, patens, trade secrets i.e. (Paten of bra supports)

Me: Is it legal to gather inspiration from multiple designers’ designs to make your own work?  “Inspiration” in other words looks at their designs and creates pieces with similar designs.

Mr. Prunty: depends how the information that you are using is protected. Companies have one year to protect it once it has been exposed to the public.

Me: Once a design is drawn can it be protected without being made?

Mr. Prunty: drawings are protected under copyright laws but it must be registered to sew.

Me: how can I prove that someone has used my design drawing to produce his or her line?

Mr. Prunty: have to prove knowledge and access.  i.e. I took my art work to them in good faith with a non-disclosure agreement that they wouldn’t use the designs without compensation. Ideas are free unless protected by patent laws.

These questions are very important to me in many ways desiring to create my own line some day or the possibility of working for someone’s line.

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