This Note emphasizes that despite limited legal protection available to fashion designers through existing intellectual property law, design piracy remains an overwhelming threat to American fashion design. The implementation of design legislation will promote the innovation of designers whose progress and success help to sustain this important American industry. Current legislation in the EU presents a valuable model in developing the ideal framework of design protection. This Note argues that the IDPPPA is a step in the right direction; however, alterations are needed to obtain the perfect fit.
Part I of this Note provides background on the limited legal protection currently available to fashion designers in the United States and stresses the need for legislation. Part II provides an overview of the IDPPPA and the current legislation available in the EU. Part III analyzes the IDPPPA in light of the available protection in the EU and provides suggested modifications to the Act.