GUEST POST: "What makes a fashion design 'obvious'?" by Sarah Burstein (Associate Professor, U. of Oklahoma College of Law)

Posted by Sarah Burstein

[Ed. LAW OF FASHION is delighted to welcome back one of the most insightful (and most #interactive!) scholars working in the area of design patent law, Professor Sarah Burstein. Note: Some of the hyperlinks in the post have been added by LOF.]


Design patents are the intellectual-property regime du jour for fashion designs. But it’s not clear how some of the new design patents for clothes will fare if challenged in court. A recent case about canine couture may, however, provide some clues...


GUEST POST: "Is the IDPA a Trojan Horse?" by Sarah Burstein (Associate Professor, University of Oklahoma College of Law)

Posted by Sarah Burstein

I’d like to thank Chuck [Ed. who has added some hyperlinks to this post, and, incidentally, wants to thank our esteemed guest in return] for inviting me to comment on S. 3523,  the Innovative Design Protection Act of 2012 (“IDPA”).  The IDPA is the latest in a string of recent attempts to amend Title 17 of the U.S. Code to provide greater protection for fashion designs.