Hung out to Dry: Clothing Design Protection Pitfalls in United States Law

The United States' trend toward longer, stronger intellectual property protection has failed to include protection for clothing design. The design of clothing itself lacks protection, while the surface decoration, fabric design, and labels are protected. This article examines current United States intellectual property law and its shortcomings, while discussing why enactment of design legislation fails. The author argues that passage of clothing design protection laws would benefit both United States consumers and clothing designers.