直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

Article

Protecting the Material World: The Role of Design Patents in the Fashion Industry

Spring 2011

North Carolina Journal of Law & Technology

By Elizabeth D. Ferrill

Design patents are an under-utilized tool in the protection of the work of fashion designers. Although the fashion industry annually generates billions of dollars in sales in the United States alone, many designers do not adequately protect their intellectual property. Multiple efforts to create a sui generis statute specifically for fashion designs have stalled in Congress, but, the growing market of nearly-identical copied goods—known as knockoffs—threatens the authentic fashion industry. As a result, both high-end and emerging designers suffer. While a statute specifically protecting fashion designs does not yet exist under American law, fashion designers can find protection under the existing laws with design patents. This article by Finnegan attorney Elizabeth D. Ferrill, illustrates how knockoff goods present a particularly serious problem in the digital age, consider why designers may choose not to protect their work with the existing intellectual property protections, and show how design patents offer an economically feasible, effective way for fashion designers to protect many of their designs.

Related Practices

Design Rights

Patent Drafting and Prosecution

Trademark and Brand Management

Related Industries

Consumer Products

Related Professionals

Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

Related Insights

Conference

2027 ABA-IPL Section Annual Meeting – IPLSPRING

April 14-15, 2027

Arlington

Conference

Patent Litigation Europe 2027

January 18-20, 2027

Amsterdam

Conference

IP Life Sciences Forum 2026

December 13-15, 2026

Coral Gables

Panel Discussion

2026 Advanced Patent Law Institute

December 3-4, 2026

Stanford

Webinar

Data and Market Exclusivity: An Update on China’s New Law and Comparisons to the US and Europe

November 19, 2026

Webinar

Conference

IPBC Asia 2026

November 17-19, 2026

Tokyo

Conference

NAPABA Convention 2026

November 12-14, 2026

Los Angeles

Conference

IAM Live: Trade Secret Strategy USA

November 10, 2026

San Jose

Charitable

2026 ALYN Hospital Wheels of Love Ride

November 8-12, 2026

Northern District

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP