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20 results

  • Index

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp 342-350
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  • 3 - Fashion’s Function in Intellectual Property Law

  • from Part II - Intellectual Property Rights: Copyright, Trademarks, Patents and Registered Designs
  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp 69-99
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  • Summary

    Clothing designs can be beautiful. But they are also functional. Fashion’s dual nature sits uneasily in intellectual property law, and its treatment by copyright, trademark, and design patent laws has often been perplexing. Much of this difficulty arises from an unclear understanding of the nature of functionality in fashion design. This chapter proposes a robust account of fashion’s function. It argues that aspects of garment designs are functional not only when they affect the physical or technological performance of a garment but also when they affect the perception of the wearer’s body. Generally, clothes are not designed or chosen simply to look good. They are also characteristically designed or chosen to look good on. This approach clarifies the appropriate treatment of fashion design in intellectual property, and it exposes the conceptual limitations of the U.S. Supreme Court’s copyright decision in Star Athletica, L.L.C. v Varsity Brands, Inc.

  • Part I - Theoretical Frameworks

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp 1-66
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  • Part IV - Looking Ahead

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp 281-341
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  • Fashion and Intellectual Property

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp v-viii
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  • Editors’ Preface

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp xxi-xxix
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  • Figures

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp xi-xii
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  • Tables

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp xiii-xiii
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  • Abbreviations

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp xxx-xxxii
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  • Copyright page

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp iv-iv
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  • Contents

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp ix-x
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  • Part II - Intellectual Property Rights: Copyright, Trademarks, Patents and Registered Designs

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp 67-214
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  • Part III - Current Trends

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp 215-280
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  • Contributors

  • Edited by David Tan, National University of Singapore, Jeanne Fromer, New York University, Dev Gangjee, University of Oxford
  • Book:
    Fashion and Intellectual Property
    Published online:
    27 October 2025
    Print publication:
    13 November 2025, pp xiv-xx
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Fashion and Intellectual Property
  • Edited by David Tan, Jeanne Fromer, Dev Gangjee
  • Published online:
    27 October 2025
    Print publication:
    13 November 2025
  • Fashion is a multi-billion-dollar global business, which is not surprising because of our basic need to wear clothes and shoes. The fashion system thrives on ephemerality, novelty, seduction and hedonism. There are countless books on intellectual property law, numerous books on fashion theory, and a few books on fashion law, but hardly any on fashion and intellectual property. This book assembles a constellation of some of the best-known intellectual property scholars around the world to present their analysis of how different aspects of intellectual property laws interact with and regulate the fashion industry. It presents a meticulously curated collection of how intellectual property laws interact with contemporary fashion and culture studies in protecting fashion creations that range from clothing and footwear to textiles. It covers key features of intellectual property rights regimes in the United States, United Kingdom, Europe, Australia, and Asia that include copyright, trademarks, patents and geographical indications. This title is also available as open access on Cambridge Core.

  • 13 - The Unregulated Certification Mark(et)

  • from PART V - Trademarks, Certification and Standards
  • Edited by Jorge L. Contreras, University of Utah
  • Book:
    The Cambridge Handbook of Technical Standardization Law
    Published online:
    04 September 2019
    Print publication:
    26 September 2019, pp 231-251

  • Summary

    Certification mark law – a branch of trademark law – itself enables consequences that undermine the law’s own goals through inadequate regulation or oversight. Because the law allows certification standards to be kept vague, high-level, and underdeveloped, a certifier can choose to exclude certain businesses inconsistently or arbitrarily, even when those businesses’ goods or services would seem to qualify for the certification mark (particularly to consumers). Moreover, even when a certification standard is clear and complete, certifiers can wield their marks anticompetitively.