October 17, 2014 -- Professor Kal Raustiala was cited in a Law 360
article on Converse's recent lawsuits claiming other companies are copying its Chuck Taylor shoes. He discussed how the Copyright Act lacks provisions for fashion companies and their apparel.
For instance, copyright — which protects the creations of artists in other industries — would seem like the logical go-to for protecting a designer's work, but that's not the case, said Kal Raustiala, a professor at UCLA School of Law and the author of “The Knockoff Economy.”
That's because apparel has generally been considered the kind of “useful article” under the Copyright Act that isn't granted protection. Several bills have been unsuccessfully introduced in Congress to change that, but, as it stands, Raustiala said it's “basically impossible” for fashion companies to effectively use copyright to protect their designs.
Read the entire article.