Author(s): Narumon Saardchom
Fashion design has faced uncertainty within intellectual property laws in most countries. Generally, it could be treated differently by numerous laws, mainly copyright, trademark, trade dress and patent design. Fashion design disputes tend to be more perplexing while courts in different jurisdictions have struggled with the analysis of fashion design claims in various ways. This article examines several famous fashion design cases in the U.S. The facts and proceedings of copyright lawsuits in Thailand are compared to reveal an interestingly unclear borderline of protection that put all related parties in fashion industry at risk. The article aims to (1) define a legal framework of fashion design, (2) discuss facts and proceedings related to fashion design lawsuits in the U.S. and Thailand and compare court decisions and (3) analyse potential risk for fashion designers and fashion industry.